Independent Commission Against Corruption Act 1988 (NSW)
Independent Commission Against Corruption Amendment (Validation) Bill 2023 [Non-government Bill— the Hon Rod Roberts, MLC]
An Act to constitute the Independent Commission Against Corruption and to define its functions.
This Act may be cited as the Independent Commission Against Corruption Act 1988.
This Act commences on a day or days to be appointed by proclamation.
The principal objects of this Act are—
(a) to promote the integrity and accountability of public administration by constituting an Independent Commission Against Corruption as an independent and accountable body—
(i) to investigate, expose and prevent corruption involving or affecting public authorities and public officials, and
(ii) to educate public authorities, public officials and members of the public about corruption and its detrimental effects on public administration and on the community, and
(b) to confer on the Commission special powers to inquire into allegations of corruption.
In this Act—
(a) a member of staff appointed by the Chief Commissioner under section 104, or
(b) a person whose services are made use of under section 104A or who performs services for the Commission under that section.
(a) a Commissioner, or
(b) an Assistant Commissioner, or
(c) a member of staff of the Commission, or
(d) a person engaged by the Commission under section 104B to provide the Commission with services, information or advice.
(a) a Public Service agency or any other government sector agency within the meaning of the Government Sector Employment Act 2013,
(b) a statutory body representing the Crown,
(c) (Repealed)
(d) an auditable entity within the meaning of the Government Sector Audit Act 1983,
(e) a local government authority,
(f) the NSW Police Force,
(g) a body, or the holder of an office, declared by the regulations to be a body or office within this definition.
(a) the Governor (whether or not acting with the advice of the Executive Council),
(b) a person appointed to an office by the Governor,
(c) a Minister of the Crown, a member of the Executive Council or a Parliamentary Secretary,
(d) a member of the Legislative Council or of the Legislative Assembly,
(e) a person employed by the President of the Legislative Council or the Speaker of the Legislative Assembly or both,
(e1) a person employed under the Members of Parliament Staff Act 2013,
(f) a judge, a magistrate or the holder of any other judicial office (whether exercising judicial, ministerial or other functions),
(g) a person employed in a Public Service agency or any other government sector agency within the meaning of the Government Sector Employment Act 2013,
(h) an individual who constitutes or is a member of a public authority,
(i) a person in the service of the Crown or of a public authority,
(j) an individual entitled to be reimbursed expenses, from a fund of which an account mentioned in paragraph (d) of the definition of
public authority is kept, of attending meetings or carrying out the business of any body constituted by an Act,(k) a member of the NSW Police Force,
(k1) an accreditation authority or a registered certifier within the meaning of the Building and Development Certifiers Act 2018,
(k2) an auditor within the meaning of the Water Industry Competition Act 2006,
(l) the holder of an office declared by the regulations to be an office within this definition,
(m) an employee of or any person otherwise engaged by or acting for or on behalf of, or in the place of, or as deputy or delegate of, a public authority or any person or body described in any of the foregoing paragraphs.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
Notes included in this Act do not form part of this Act.
There is constituted by this Act a corporation with the corporate name of the Independent Commission Against Corruption.
The Commission has the functions conferred or imposed on it by or under this or any other Act.
The Commission consists of a Chief Commissioner and 2 other Commissioners appointed by the Governor.
The Chief Commissioner is required to be consulted on the persons to be appointed as the 2 other Commissioners.
A Commissioner has and may exercise the functions conferred or imposed on a Commissioner by or under this or any other Act.
Schedule 1 contains provisions relating to the Commissioners.
(Repealed)
Except as otherwise provided by this section, the functions of the Commission are exercisable by a Commissioner, and any act, matter or thing done in the name of, or on behalf of, the Commission by a Commissioner is taken to have been done by the Commission.
A decision of the Commission to conduct a public inquiry under section 31 must be authorised by the Chief Commissioner and at least one other Commissioner.
Any such authorisation may be given in respect of a particular public inquiry or in respect of any public inquiry for a particular investigation or matter.
An Assistant Commissioner may, at the request of a Commissioner, act for the Commissioner for the purpose of giving any such authorisation if the Commissioner considers that there may be a conflict of interest in the matter.
A decision of the Commission referred to in subsection (2) is presumed to have been duly authorised under that subsection unless the contrary is established.
Except as provided by subsection (2), the decision of the Chief Commissioner prevails in the event of any inconsistency in the decisions of the Commissioners.
A reference in this Act to a compulsory examination or public inquiry before the Commission or anything done or omitted by, to or in relation to the Commission includes a reference to a compulsory examination or public inquiry before, or a thing done or omitted by, to or in relation to, a Commissioner or another officer of the Commission having authority in the circumstances.
The Governor may, with the concurrence of the Chief Commissioner, appoint one or more Assistant Commissioners of the Commission.
An Assistant Commissioner has and may exercise the functions conferred or imposed on an Assistant Commissioner by or under this or any other Act.
An Assistant Commissioner is to assist the Commission, as the Chief Commissioner requires.
Schedule 1 contains provisions relating to the Assistant Commissioners.
The Chief Executive Officer is responsible for the day to day management of the affairs of the Commission and for the implementation of the decisions of the Commissioners and Assistant Commissioners.
For the purposes of this Act, corrupt conduct is any conduct which falls within the description of corrupt conduct in section 8, but which is not excluded by section 9.
Conduct comprising a conspiracy or attempt to commit or engage in conduct that would be corrupt conduct under section 8 shall itself be regarded as corrupt conduct under section 8.
Conduct comprising such a conspiracy or attempt is not excluded by section 9 if, had the conspiracy or attempt been brought to fruition in further conduct, the further conduct could constitute or involve an offence or grounds referred to in that section.
Corrupt conduct is—
(a) any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official, any group or body of public officials or any public authority, or
(b) any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions, or
(c) any conduct of a public official or former public official that constitutes or involves a breach of public trust, or
(d) any conduct of a public official or former public official that involves the misuse of information or material that he or she has acquired in the course of his or her official functions, whether or not for his or her benefit or for the benefit of any other person.
Corrupt conduct is also any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the exercise of official functions by any public official, any group or body of public officials or any public authority and which could involve any of the following matters—
(a) official misconduct (including breach of trust, fraud in office, nonfeasance, misfeasance, malfeasance, oppression, extortion or imposition),
(b) bribery,
(c) blackmail,
(d) obtaining or offering secret commissions,
(e) fraud,
(f) theft,
(g) perverting the course of justice,
(h) embezzlement,
(i) election bribery,
(j) election funding offences,
(k) election fraud,
(l) treating,
(m) tax evasion,
(n) revenue evasion,
(o) currency violations,
(p) illegal drug dealings,
(q) illegal gambling,
(r) obtaining financial benefit by vice engaged in by others,
(s) bankruptcy and company violations,
(t) harbouring criminals,
(u) forgery,
(v) treason or other offences against the Sovereign,
(w) homicide or violence,
(x) matters of the same or a similar nature to any listed above,
(y) any conspiracy or attempt in relation to any of the above.
Corrupt conduct is also any conduct of any person (whether or not a public official) that impairs, or that could impair, public confidence in public administration and which could involve any of the following matters—
(a) collusive tendering,
(b) fraud in relation to applications for licences, permits or other authorities under legislation designed to protect health and safety or the environment or designed to facilitate the management and commercial exploitation of resources,
(c) dishonestly obtaining or assisting in obtaining, or dishonestly benefiting from, the payment or application of public funds for private advantage or the disposition of public assets for private advantage,
(d) defrauding the public revenue,
(e) fraudulently obtaining or retaining employment or appointment as a public official.
Conduct may amount to corrupt conduct under subsection (1), (2) or (2A) even though it occurred before the commencement of that subsection, and it does not matter that some or all of the effects or other ingredients necessary to establish such corrupt conduct occurred before that commencement and that any person or persons involved are no longer public officials.
Conduct committed by or in relation to a person who was not or is not a public official may amount to corrupt conduct under this section with respect to the exercise of his or her official functions after becoming a public official. This subsection extends to a person seeking to become a public official even if the person fails to become a public official.
Conduct may amount to corrupt conduct under this section even though it occurred outside the State or outside Australia, and matters listed in subsection (2) or (2A) refer to—
(a) matters arising in the State or matters arising under the law of the State, or
(b) matters arising outside the State or outside Australia or matters arising under the law of the Commonwealth or under any other law.
The specific mention of a kind of conduct in a provision of this section shall not be regarded as limiting or expanding the scope of any other provision of this section.
Despite section 8, conduct does not amount to corrupt conduct unless it could constitute or involve—
(a) a criminal offence, or
(b) a disciplinary offence, or
(c) reasonable grounds for dismissing, dispensing with the services of or otherwise terminating the services of a public official, or
(d) in the case of conduct of a Minister of the Crown or Parliamentary Secretary or a member of a House of Parliament—a substantial breach of an applicable code of conduct.
It does not matter that proceedings or action for such an offence can no longer be brought or continued, or that action for such dismissal, dispensing or other termination can no longer be taken.
For the purposes of this section—
(a) a Minister of the Crown or Parliamentary Secretary—a ministerial code of conduct prescribed or adopted for the purposes of this section by the regulations, or
(b) a member of the Legislative Council or of the Legislative Assembly (including a Minister of the Crown or Parliamentary Secretary)—a code of conduct adopted for the purposes of this section by resolution of the House concerned.
Subject to subsection (5), conduct of a Minister of the Crown or Parliamentary Secretary or a member of a House of Parliament which falls within the description of corrupt conduct in section 8 is not excluded by this section if it is conduct that would cause a reasonable person to believe that it would bring the integrity of the office concerned or of Parliament into serious disrepute.
Without otherwise limiting the matters that it can under section 74A (1) include in a report under section 74, the Commission is not authorised to include a finding or opinion that a specified person has, by engaging in conduct of a kind referred to in subsection (4), engaged in corrupt conduct, unless the Commission is satisfied that the conduct constitutes a breach of a law (apart from this Act) and the Commission identifies that law in the report.
A reference to a disciplinary offence in this section and sections 74A and 74B includes a reference to a substantial breach of an applicable requirement of a code of conduct required to be complied with under section 440 (5) of the Local Government Act 1993, but does not include a reference to any other breach of such a requirement.
Any person may make a complaint to the Commission about a matter that concerns or may concern corrupt conduct.
Protections may be available under the following provisions to persons who make a complaint under this section—
(a) the Public Interest Disclosures Act 2022, Part 3—if the complaint is a public interest disclosure,
(b) Part 8A—if the making of the complaint is protected action within the meaning of the Part.
The Public Interest Disclosures Act 2022, section 58 confers additional investigative powers on the Commission in relation to certain public interest disclosures.
The Commission may investigate a complaint or decide that a complaint need not be investigated.
The Commission may discontinue an investigation of a complaint.
If a prisoner informs the governor of the prison that the prisoner wishes to make a complaint under this section, the governor of the prison must—
(a) take all steps necessary to facilitate the making of the complaint, and
(b) send immediately to the Commission, unopened, any written matter addressed to the Commission.
For the purposes of subsection (4),
This section applies to the following persons—
(a) the Ombudsman,
(b) the Commissioner of Police,
(c) the principal officer of a public authority,
(d) an officer who constitutes a public authority,
(e) a Minister of the Crown.
A person to whom this section applies is under a duty to report to the Commission any matter that the person suspects on reasonable grounds concerns or may concern corrupt conduct.
Despite subsection (2), the Commissioner of Police is not under a duty to report to the Commission any matter that concerns or may concern corrupt conduct of a police officer or administrative employee (within the meaning of the Law Enforcement Conduct Commission Act 2016) unless the Commissioner of Police suspects on reasonable grounds that the matter also concerns or may concern corrupt conduct of another public official.
Despite subsection (2), the Commissioner for the New South Wales Crime Commission (
The Commission may issue guidelines as to what matters need or need not be reported.
A Minister of the Crown who is under a duty under this section to report a matter may (despite subsection (2)) report the matter either to the Commission or to the head of any agency responsible to the Minister.
This section has effect despite any duty of secrecy or other restriction on disclosure.
The regulations may prescribe who is the principal officer of a public authority, but in the absence of regulations applying in relation to a particular public authority, the principal officer is the person who is the head of the authority, its most senior officer or the person normally entitled to preside at its meetings.
The regulations may prescribe the principal officer of a separate office within a public authority as the principal officer of the public authority in relation to matters concerning the separate office.
In exercising its functions, the Commission shall regard the protection of the public interest and the prevention of breaches of public trust as its paramount concerns.
In exercising its functions, the Commission is, as far as practicable, to direct its attention to serious corrupt conduct and systemic corrupt conduct and is to take into account the responsibility and role other public authorities and public officials have in the prevention of corrupt conduct.
The principal functions of the Commission are as follows—
(a) to investigate any allegation or complaint that, or any circumstances which in the Commission’s opinion imply that—
(i) corrupt conduct, or
(ii) conduct liable to allow, encourage or cause the occurrence of corrupt conduct, or
(iii) conduct connected with corrupt conduct,
may have occurred, may be occurring or may be about to occur,
(b) to investigate any matter referred to the Commission by both Houses of Parliament,
(c) to communicate to appropriate authorities the results of its investigations,
(d) to examine the laws governing, and the practices and procedures of, public authorities and public officials, in order to facilitate the discovery of corrupt conduct and to secure the revision of methods of work or procedures which, in the opinion of the Commission, may be conducive to corrupt conduct,
(e) to instruct, advise and assist any public authority, public official or other person (on the request of the authority, official or person) on ways in which corrupt conduct may be eliminated and the integrity and good repute of public administration promoted,
(f) to advise public authorities or public officials of changes in practices or procedures compatible with the effective exercise of their functions that the Commission thinks necessary to reduce the likelihood of the occurrence of corrupt conduct and to promote the integrity and good repute of public administration,
(g) to co-operate with public authorities and public officials in reviewing laws, practices and procedures with a view to reducing the likelihood of the occurrence of corrupt conduct and to promoting the integrity and good repute of public administration,
(h) to educate and advise public authorities, public officials and the community on strategies to combat corrupt conduct and to promote the integrity and good repute of public administration,
(i) to educate and disseminate information to the public on the detrimental effects of corrupt conduct and on the importance of maintaining the integrity and good repute of public administration,
(j) to enlist and foster public support in combating corrupt conduct and in promoting the integrity and good repute of public administration,
(k) to develop, arrange, supervise, participate in or conduct such educational or advisory programs as may be described in a reference made to the Commission by both Houses of Parliament.
Subsection (1) (d) and (f)–(h) do not extend to the conduct of police officers, Crime Commission officers or administrative employees within the meaning of the Law Enforcement Conduct Commission Act 2016.
The Commission is to conduct its investigations with a view to determining—
(a) whether any corrupt conduct, or any other conduct referred to in subsection (1) (a), has occurred, is occurring or is about to occur, and
(b) whether any laws governing any public authority or public official need to be changed for the purpose of reducing the likelihood of the occurrence of corrupt conduct, and
(c) whether any methods of work, practices or procedures of any public authority or public official did or could allow, encourage or cause the occurrence of corrupt conduct.
Subsection (2) (a) does not require the Commission to make a finding, on the basis of any investigation, that corrupt conduct, or other conduct, has occurred, is occurring or is about to occur.
The principal functions of the Commission also include—
(a) the power to make findings and form opinions, on the basis of the results of its investigations, in respect of any conduct, circumstances or events with which its investigations are concerned, whether or not the findings or opinions relate to corrupt conduct, and
(b) the power to formulate recommendations for the taking of action that the Commission considers should be taken in relation to its findings or opinions or the results of its investigations.
The Commission may make a finding that a person has engaged or is engaging in corrupt conduct of a kind described in paragraph (a), (b), (c) or (d) of section 9 (1) only if satisfied that a person has engaged in or is engaging in conduct that constitutes or involves an offence or thing of the kind described in that paragraph.
The Commission is not to make a finding, form an opinion or formulate a recommendation which section 74B or 74BA prevents the Commission from including in a report, but section 9 (5) and this section are the only restrictions imposed by this Act on the Commission’s powers under subsection (3).
The following are examples of the findings and opinions permissible under subsection (3) but do not limit the Commission’s power to make findings and form opinions—
(a) findings that particular persons have engaged, are engaged or are about to engage in corrupt conduct,
(b) opinions as to—
(i) whether the advice of the Director of Public Prosecutions should be sought in relation to the commencement of proceedings against particular persons for criminal offences against laws of the State, or
(ii) whether consideration should or should not be given to the taking of other action against particular persons,
(c) findings of fact.
The Commission has the function of investigating conduct that may involve possible criminal offences under the Electoral Act 2017, the Electoral Funding Act 2018 or the Lobbying of Government Officials Act 2011 that the Electoral Commission refers to the Commission for investigation under this section.
The Electoral Commission may refer any such conduct to the Commission for investigation—
(a) if there are reasonable grounds to suspect that the conduct may involve a possible criminal offence to which this section applies (as set out in subsection (9)), or
(b) if the conduct is related to possible corrupt conduct that the Commission is already investigating,
whether or not the time within which proceedings for the possible criminal offence may be instituted has expired.
After a preliminary investigation, the Commission is to discontinue the investigation if—
(a) the conduct does not involve any possible criminal offence to which this section applies and is not related to possible corrupt conduct that the Commission is already investigating, and the Commission is not otherwise authorised to investigate the conduct, or
(b) the Commission determines it should not carry out any further investigation.
Conduct may be referred under this section to the Commission for investigation whether or not it involves corrupt conduct. The fact that the conduct could be so referred does not prevent the Commission from investigating the conduct without a referral if it is otherwise authorised by this Act to do so.
The following matters are to be taken into account in determining whether conduct should be referred under this section for investigation and, if referred, whether the Commission should investigate—
(a) the primary responsibility of the Electoral Commission to investigate and prosecute the possible criminal offences concerned,
(b) the seriousness or systemic nature of the matter being investigated,
(c) the complexity of the matter being investigated,
(d) the relationship between the matter being investigated and any other ongoing investigation of the Electoral Commission,
(e) the relationship between the matter being investigated and any other ongoing investigation of the Commission,
(f) the availability of any other public authority or official with the responsibility or jurisdiction to investigate or prosecute the possible criminal offences concerned,
(g) any other relevant matter.
The Electoral Commission, when it refers conduct for investigation under this section, must provide the Commission with a statement of the reasons it referred the matter for investigation.
The Commission, when it determines to investigate conduct referred under this section after a preliminary investigation, must provide the Electoral Commission with a statement of the reasons it determined to investigate the conduct.
A report of the Commission under section 74 that relates to an investigation under this section is to include the statements of reasons under subsections (6) and (7) in relation to the investigation.
This section applies to the following criminal offences—
(a) Electoral Funding Act 2018—
• section 138 (7) (Provision of false or misleading documents and information),
• section 141 (Offences relating to disclosures of political donations and electoral expenditure),
• section 142 (Offences relating to assisting others lodging claims or disclosures),
• section 143 (Offences relating to caps on donations and expenditure),
• section 144 (1) (Offence relating to scheme to circumvent the donation or expenditure prohibitions or restrictions),
• section 145 (1) (Unlawful acts relating to donations etc),
• section 146 (False or misleading information),
(b) Electoral Act 2017—
• section 72 (False statements),
• section 95 (4) (False child protection declarations),
• section 128 (4) (Questions to be put if voter challenged),
• section 160 (Protection of computer hardware and software),
• section 183 (Printing, publishing and distributing non-complying electoral material),
• section 189 (Encouraging ticks or crosses on ballot papers),
• section 209 (Electoral bribery, treating and selling of votes),
• section 210 (Interference with right to vote),
• section 212 (Impersonation and multiple voting),
• section 215 (Display, publish or distribute material falsely appearing to be made by Electoral Commission),
• section 216 (False or misleading declaration and statements),
• section 218 (Forging or uttering electoral papers),
• section 219 (Offence of stuffing ballot box),
(c) Lobbying of Government Officials Act 2011—
• section 15 (Ban on success fees),
• section 18 (Cooling-off period for ex-Ministers and ex-Parliamentary Secretaries),
(d) an offence against any of the above Acts, or the regulations under any of the above Acts, that is prescribed by the regulations for the purposes of this section.
Section 117 (4) does not apply to a regulation made under paragraph (d).
Other functions of the Commission are as follows—
(a) to gather and assemble, during or after the discontinuance or completion of its investigations, evidence that may be admissible in the prosecution of a person for a criminal offence against a law of the State in connection with corrupt conduct and to furnish such evidence to the Director of Public Prosecutions,
(a1) to gather and assemble, during or after the discontinuance or completion of an investigation into conduct under section 13A, evidence that may be admissible in the prosecution of a person for a criminal offence in connection with the conduct and to furnish such evidence to the Electoral Commission and (if considered appropriate) to the Director of Public Prosecutions,
(b) to furnish, during or after the discontinuance or completion of its investigations, other evidence obtained in the course of its investigations (being evidence that may be admissible in the prosecution of a person for a criminal offence against a law of another State, the Commonwealth or a Territory) to the Attorney General or to the appropriate authority of the jurisdiction concerned.
Evidence of the kind referred to in subsection (1) (a1) or (b) may be accompanied by any observations that the Commission considers appropriate and (in the case of evidence furnished to the Attorney General or the Electoral Commission) recommendations as to what action the Commission considers should be taken in relation to the evidence.
A copy or detailed description of any evidence furnished to the appropriate authority of another jurisdiction, together with a copy of any accompanying observations, is to be furnished to the Attorney General.
If the Commission obtains any information in the course of its investigations relating to the exercise of the functions of a public authority, the Commission may, if it considers it desirable to do so—
(a) furnish the information or a report on the information to the authority or to the Minister for the authority, and
(b) make to the authority or the Minister for the authority such recommendations (if any) relating to the exercise of the functions of the authority as the Commission considers appropriate.
A copy of any information or report furnished to a public authority under subsection (2), together with a copy of any such recommendation, is to be furnished to the Minister for the authority.
If the Commission furnishes any evidence or information to a person under this section on the understanding that the information is confidential, the person is subject to the secrecy provisions of section 111 in relation to the information.
The Commission may, in connection with its principal functions—
(a) arrange for the establishment of task forces within the State, and
(b) seek the establishment of joint task forces with authorities of the Commonwealth or other States or Territories, and
(c) co-operate with State task forces, Commonwealth task forces, joint task forces or other task forces, and
(d) co-ordinate or co-operate in co-ordinating any such task forces.
In exercising its principal functions relating to the investigation of conduct, the Commission—
(a) shall, as far as practicable, work in co-operation with law enforcement agencies, and
(a1) shall, as far as practicable, work in co-operation with the Electoral Commission in connection with a referral by the Electoral Commission under section 13A, and
(b) may work in co-operation with the Auditor-General, the Ombudsman, the Australian Crime Commission, the Australian Bureau of Criminal Intelligence and such other persons and bodies as the Commission thinks appropriate.
In exercising its other principal functions, the Commission shall, as far as practicable, work in co-operation with the Auditor-General, the Ombudsman, educational institutions, management consultants and such other persons and bodies as the Commission thinks appropriate.
The Commission may consult with and disseminate intelligence and information to law enforcement agencies, the Australian Crime Commission, the Australian Bureau of Criminal Intelligence and such other persons and bodies (including any task force and any member of a task force) as the Commission thinks appropriate.
If the Commission disseminates information to a person or body under this section on the understanding that the information is confidential, the person or body is subject to the secrecy provisions of section 111 in relation to the information.
In this section—
(a) the NSW Police Force, or
(b) a police force of another State or Territory, or
(c) the Australian Federal Police, or
(d) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the State, another State or a Territory.
The Commission is not bound by the rules or practice of evidence and can inform itself on any matter in such manner as it considers appropriate.
The Commission shall exercise its functions with as little formality and technicality as is possible, and, in particular, the Commission shall accept written submissions as far as is possible and compulsory examinations and public inquiries shall be conducted with as little emphasis on an adversarial approach as is possible.
Despite subsection (1), section 127 (Religious confessions) of the Evidence Act 1995 applies to any compulsory examination or public inquiry before the Commission.
The Commission may do any or all of the following—
(a) commence, continue, discontinue or complete any investigation,
(b) furnish reports in connection with any investigation,
(c) do all such acts and things as are necessary or expedient for those purposes,
despite any proceedings that may be in or before any court, tribunal, coroner, Magistrate or other person.
If the proceedings are proceedings for an indictable offence and are conducted by or on behalf of the Crown, the Commission must, to the extent to which the Commission thinks it necessary to do so to ensure that the accused’s right to a fair trial is not prejudiced—
(a) ensure that, as far as practicable, the investigation is conducted in private during the currency of the proceedings, and
(b) give directions under section 112, having effect during the currency of the proceedings, and
(c) defer making a report to Parliament in relation to the investigation during the currency of the proceedings.
Subsection (2) does not apply—
(a) (in the case of committal proceedings) before the commencement of the committal hearing, and
(b) (in any other case) after the proceedings cease to be proceedings for the trial of a person before a jury.
This section has effect whether or not the proceedings commenced before or after the relevant investigation commenced and has effect whether or not the Commission or an officer of the Commission is a party to the proceedings.
The Commission has power to do all things necessary to be done for or in connection with, or reasonably incidental to, the exercise of its functions, and any specific powers conferred on the Commission by this Act shall not be taken to limit by implication the generality of this section.
The Commission or an officer of the Commission may seek the issue of a warrant under the Surveillance Devices Act 2007.
The Commission may conduct an investigation on its own initiative, on a complaint made to it, on a report made to it or on a reference made to it.
The Commission may conduct an investigation even though no particular public official or other person has been implicated.
The Commission may, in considering whether or not to conduct, continue or discontinue an investigation (other than in relation to a matter referred by both Houses of Parliament), have regard to such matters as it thinks fit, including whether or not (in the Commission’s opinion)—
(a) the subject-matter of the investigation is trivial, or
(b) the conduct concerned occurred at too remote a time to justify investigation, or
(c) if the investigation was initiated as a result of a complaint—the complaint was frivolous, vexatious or not in good faith.
(Repealed)
If the Commission decides to discontinue or not to commence an investigation of a complaint or report made to it, the Commission must inform the complainant or officer who made the report in writing of its decision and the reasons for it.
An investigation may be in the nature of a preliminary investigation.
A preliminary examination can be conducted, for example, for the purpose of assisting the Commission—
(a) to discover or identify conduct that might be made the subject of a more complete investigation under this Act, or
(b) to decide whether to make particular conduct the subject of a more complete investigation under this Act.
Nothing in this section affects any other provision of this Act.
For the purposes of an investigation, the Commission may, by notice in writing served on a public authority or public official, require the authority or official to produce a statement of information.
A notice under this section must specify or describe the information concerned, must fix a time and date for compliance and must specify the person (being a Commissioner, an Assistant Commissioner or any other officer of the Commission) to whom the production is to be made.
The notice may provide that the requirement may be satisfied by some other person acting on behalf of the public authority or public official and may, but need not, specify the person or class of persons who may so act.
For the purposes of an investigation, the Commission may, by notice in writing served on a person (whether or not a public authority or public official), require the person—
(a) to attend, at a time and place specified in the notice, before a person (being a Commissioner, an Assistant Commissioner or any other officer of the Commission) specified in the notice, and
(b) to produce at that time and place to the person so specified a document or other thing specified in the notice.
The notice may provide that the requirement may be satisfied by some other person acting on behalf of the person on whom it was imposed and may, but need not, specify the person or class of persons who may so act.
For the purposes of an investigation, a Commissioner or an officer of the Commission authorised in writing by a Commissioner may, at any time—
(a) enter and inspect any premises occupied or used by a public authority or public official in that capacity, and
(b) inspect any document or other thing in or on the premises, and
(c) take copies of any document in or on the premises.
(Repealed)
The public authority or public official shall make available to a Commissioner or authorised officer such facilities as are necessary to enable the powers conferred by this section to be exercised.
This section applies where, under section 21 or 22, the Commission requires any person—
(a) to produce any statement of information, or
(b) to produce any document or other thing.
The Commission shall set aside the requirement if it appears to the Commission that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist a like requirement and it does not appear to the Commission that the person consents to compliance with the requirement.
The person must however comply with the requirement despite—
(a) any rule which in proceedings in a court of law might justify an objection to compliance with a like requirement on grounds of public interest, or
(b) any privilege of a public authority or public official in that capacity which the authority or official could have claimed in a court of law, or
(c) any duty of secrecy or other restriction on disclosure applying to a public authority or public official or a former public authority or public official.
This section applies to the powers of entry, inspection and copying conferred by section 23.
The powers shall not be exercised if it appears to a Commissioner or authorised officer that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist inspection of the premises or production of the document or other thing and it does not appear to the Commissioner or authorised officer that the person consents to the inspection or production.
The powers may however be exercised despite—
(a) any rule of law which, in proceedings in a court of law, might justify an objection to an inspection of the premises or to production of the document or other thing on grounds of public interest, or
(b) any privilege of a public authority or public official in that capacity which the authority or official could have claimed in a court of law, or
(c) any duty of secrecy or other restriction on disclosure applying to a public authority or public official.
This section applies where, under section 21 or 22, the Commission requires any person—
(a) to produce any statement of information, or
(b) to produce any document or other thing.
If the statement, document or other thing tends to incriminate the person and the person objects to production at the time, neither the fact of the requirement nor the statement, document or thing itself (if produced) may be used in any proceedings against the person (except proceedings for an offence against this Act or except as provided by section 114A (5)).
They may however be used for the purposes of the investigation concerned, despite any such objection.
The Supreme Court may, on application made by the Commission, grant an injunction restraining any conduct in which a person (whether or not a public authority or public official) is engaging or in which such a person appears likely to engage, if the conduct is the subject of, or affects the subject of, an investigation or proposed investigation by the Commission.
The Supreme Court shall not grant an injunction under section 27 unless it is of the opinion that—
(a) the conduct sought to be restrained is likely to impede the conduct of the investigation or proposed investigation, or
(b) it is necessary to restrain the conduct in order to prevent irreparable harm being done because of corrupt conduct or suspected corrupt conduct.
The Commission shall not be required, as a condition for the granting of an injunction under section 27, to give any undertaking as to damages.
Powers may be exercised under this Division in relation to an investigation whether or not a compulsory examination or public inquiry before the Commission is being held for the purposes of the investigation.
For the purposes of an investigation, the Commission may, if it is satisfied that it is in the public interest to do so, conduct a compulsory examination.
A compulsory examination is to be conducted by a Commissioner or by an Assistant Commissioner, as determined by a Commissioner.
A person required to attend a compulsory examination is entitled to be informed, before or at the commencement of the compulsory examination, of the nature of the allegation or complaint being investigated.
A failure to comply with subsection (3) does not invalidate or otherwise affect the compulsory examination.
A compulsory examination is to be conducted in private.
Section 17 (2) requires the Commission to conduct compulsory examinations with as little emphasis on an adversarial approach as possible.
The Commission may (but is not required to) advise a person required to attend a compulsory examination of any findings it has made or opinions it has formed as a result of the compulsory examination.
For the purposes of an investigation, the Commission may, if it is satisfied that it is in the public interest to do so, conduct a public inquiry.
Without limiting the factors that it may take into account in determining whether or not it is in the public interest to conduct a public inquiry, the Commission is to consider the following—
(a) the benefit of exposing to the public, and making it aware, of corrupt conduct,
(b) the seriousness of the allegation or complaint being investigated,
(c) any risk of undue prejudice to a person’s reputation (including prejudice that might arise from not holding an inquiry),
(d) whether the public interest in exposing the matter is outweighed by the public interest in preserving the privacy of the persons concerned.
(Repealed)
A public inquiry is to be conducted by a Commissioner or by an Assistant Commissioner, as determined by the Chief Commissioner.
At a public inquiry, the person presiding must announce the general scope and purpose of the inquiry.
A person required to attend a public inquiry is entitled to be informed of the general scope and purpose of the public inquiry and the nature of the allegation or complaint being investigated before or at the time the person is required to appear at the inquiry.
A failure to comply with subsection (6) does not invalidate or otherwise affect the public inquiry.
A public inquiry is to be held in public.
Despite subsection (8), the Commission may decide to hold part of the inquiry in private if it considers this to be in the public interest.
Without limiting subsection (9), the Commission may decide to hear closing submissions in private. This extends to a closing submission by a person appearing before the Commission or an Australian legal practitioner representing such a person, as well as to a closing submission by an Australian legal practitioner assisting the Commission as counsel.
Section 17 (2) requires the Commission to conduct public inquiries with as little emphasis on an adversarial approach as possible.
A Commissioner may give directions as to the persons who may be present at a compulsory examination or any part of a public inquiry that is held in private. A person must not be present in contravention of any such direction.
It is an offence to contravene a direction under section 31A—see section 85.
The Commissioners are to issue guidelines relating to the conduct of public inquiries of the Commission to members of staff of the Commission and counsel appointed under section 106 to assist the Commission.
The guidelines are to provide guidance on the following aspects of the conduct of public inquiries—
(a) the investigation of evidence that might exculpate affected persons,
(b) the disclosure of exculpatory and other relevant evidence to affected persons,
(c) the opportunity to cross-examine witnesses as to their credibility,
(d) providing affected persons and other witnesses with access to relevant documents and a reasonable time to prepare before giving evidence,
(e) any other matter the Commission considers necessary to ensure procedural fairness.
The Commission is to arrange for the guidelines to be tabled in both Houses of Parliament and to be published on a website maintained by the Commission.
In this section—
If it is shown to the satisfaction of the Commission that any person is substantially and directly interested in any subject-matter of a public inquiry, the Commission may authorise the person to appear at the public inquiry or a specified part of the public inquiry.
The Commission may, in relation to a compulsory examination or public inquiry, authorise—
(a) a person giving evidence at the compulsory examination or public inquiry, or
(b) a person referred to in section 32,
to be represented by an Australian legal practitioner at the compulsory examination or public inquiry or a specified part of the compulsory examination or public inquiry.
The Commission is required to give a reasonable opportunity for a person giving evidence at the compulsory examination or public inquiry to be legally represented.
An Australian legal practitioner appointed by the Commission to assist it may appear before the Commission.
A group or unincorporated association may be authorised to appear at a compulsory examination or public inquiry or authorised or required to give evidence at a compulsory examination or public inquiry.
Accordingly, references in sections 32 and 33, and in other provisions of this Act, to a “person” extend for this purpose to a group or unincorporated association.
However, this section does not affect the application in any other context of the principle that a reference to a word in the singular form includes a reference to the word in the plural form.
An Australian legal practitioner appointed by the Commission to assist it, or a person or a person’s Australian legal practitioner authorised to appear at a compulsory examination or public inquiry, may, with the leave of the Commission, examine or cross-examine any witness on any matter that the Commission considers relevant.
Any witness so examined or cross-examined has the same protection and is subject to the same liabilities as if examined by a Commissioner or an Assistant Commissioner.
A Commissioner may summon a person to appear before the Commission at a compulsory examination or public inquiry at a time and place named in the summons (the
(a) to give evidence, or
(b) to produce such documents or other things (if any) as are referred to in the summons,
or both.
The person presiding at a compulsory examination or public inquiry before the Commission may require a person appearing at the compulsory examination or public inquiry to produce a document or other thing.
The Commission may, at a compulsory examination or public inquiry, take evidence on oath or affirmation and for that purpose—
(a) the person presiding at the compulsory examination or public inquiry may require a person appearing at the compulsory examination or public inquiry to give evidence either to take an oath or to make an affirmation in a form approved by the person presiding, and
(b) the person presiding, or a person authorised for the purpose by the person presiding, may administer an oath or affirmation to a person so appearing at the compulsory examination or public inquiry.
A witness who has been summoned to appear before the Commission shall appear and report himself or herself from day to day unless the witness is excused from appearance or until the witness is released from further appearance by the person presiding at the compulsory examination or public inquiry.
A Commissioner may, by notice in writing, excuse a person who has been summoned to appear before the Commission and produce documents or other things from the required appearance on condition that the person (or a person acting on the person’s behalf) produces those documents or things in accordance with any directions given by the Commissioner before the time of the required appearance.
A person who, without being excused or released under subsection (4) or (4A), fails to appear and report shall be taken to have failed to appear before the Commission in obedience to the summons.
A person who, after being excused under subsection (4A) from the required appearance, fails to produce the documents or things concerned in accordance with the Commissioner’s directions is taken to have failed to appear before the Commission in obedience to the summons.
A Judge or Magistrate may, on the application of a Commissioner, issue any summons that the Commissioner is authorised to issue under this section.
The purpose of subsection (6) is to enable the summons to be given the character of a summons issued by a judicial officer, for the purposes of the Service and Execution of Process Act 1901 of the Commonwealth and any other relevant law.
If a person served with a summons to attend the Commission as a witness fails to attend in answer to the summons, a Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the arrest of the witness.
If a Commissioner is satisfied by evidence on oath or affirmation that it is probable that a person whose evidence is desired and is necessary and relevant to an investigation under this Act—
(a) will not attend before the Commission to give evidence without being compelled to do so, or
(b) is about to or is making preparations to leave the State and the person’s evidence will not be obtained by the Commission if the person departs,
the Commissioner may issue a warrant for the arrest of the person.
A Commissioner is authorised to administer an oath or affirmation for the purposes of subsection (2).
A warrant may be issued under subsection (2) without or before the issue of a summons to the person whose evidence is desired.
A warrant may be issued under subsection (2) after the issue of a summons to the person whose evidence is desired, even though the time named in the summons for the person to attend has not yet passed.
A warrant under this section authorises the arrest of the witness and his or her being promptly brought before the Commission and detained in a prison or elsewhere for that purpose until released by order of a Commissioner.
A warrant issued under this section may be executed by any member of the NSW Police Force, or by any person to whom it is addressed, and the person executing it may use such force as is reasonably necessary for the purpose of entering any premises for the purpose of executing it.
The issue of a warrant or the arrest of a witness does not relieve the witness from any liability incurred by the witness for non-compliance with a summons.
The release of a witness by order of a Commissioner under section 36 (6) may (but need not) be made subject to one or more of the following conditions (or any other conditions)—
(a) that the witness appear and report himself or herself before the Commission in accordance with the terms of the order unless excused from attendance or until released from further attendance by the person presiding at the relevant compulsory examination or public inquiry of the Commission, and
(b) conditions for the purpose of ensuring the further attendance of the witness before the Commission (for example the provision of sureties by the witness, the surrender of any passport held by the witness, a requirement as to where the witness is to live and regular reporting by the witness to the Commission).
From time to time, a Commissioner may by order amend, revoke or add to those conditions.
A witness who has not been released by a Commissioner under section 36 (6) or whose release under that subsection is subject to one or more conditions may apply to the Supreme Court for a review of the decision not to release or failure to release the witness or of the terms of one or more of those conditions.
The Supreme Court may affirm or set aside a decision by a Commissioner not to release the witness or any condition imposed by a Commissioner on the release of the witness. The Supreme Court may also or instead make any order that a Commissioner may make in relation to the detention or release of the witness. The Court may do so also where a Commissioner has not made any decision within a reasonable time on the release of the witness.
Such an order is taken to be an order of a Commissioner.
A witness summoned to attend or appearing before the Commission at a compulsory examination or public inquiry is not entitled to refuse—
(a) to be sworn or to make an affirmation, or
(b) to answer any question relevant to an investigation put to the witness by the Commissioner or other person presiding at a compulsory examination or public inquiry, or
(c) to produce any document or other thing in the witness’s custody or control which the witness is required by the summons or by the person presiding to produce.
A witness summoned to attend or appearing before the Commission at a compulsory examination or public inquiry is not excused from answering any question or producing any document or other thing on the ground that the answer or production may incriminate or tend to incriminate the witness, or on any other ground of privilege, or on the ground of a duty of secrecy or other restriction on disclosure, or on any other ground.
An answer made, or document or other thing produced, by a witness at a compulsory examination or public inquiry before the Commission or in accordance with a direction given by a Commissioner under section 35 (4A) is not (except as otherwise provided in this section or section 114A (5)) admissible in evidence against the person in any civil or criminal proceedings or in any disciplinary proceedings.
Nothing in this section makes inadmissible—
(a) any answer, document or other thing in proceedings for an offence against this Act or in proceedings for contempt under this Act, or
(b) any answer, document or other thing in any civil or criminal proceedings or in any disciplinary proceedings if the witness does not object to giving the answer or producing the document or other thing irrespective of the provisions of subsection (2), or
(c) any document in any civil proceedings for or in respect of any right or liability conferred or imposed by the document or other thing.
Where—
(a) an Australian legal practitioner or other person is required to answer a question or produce a document or other thing at a compulsory examination or public inquiry before the Commission or in accordance with a direction given by a Commissioner under section 35 (4A), and
(b) the answer to the question would disclose, or the document or other thing contains, a privileged communication passing between an Australian legal practitioner (in his or her capacity as an Australian legal practitioner) and a person for the purpose of providing or receiving legal professional services in relation to the appearance, or reasonably anticipated appearance, of a person at a compulsory examination or public inquiry before the Commission,
the Australian legal practitioner or other person is entitled to refuse to comply with the requirement, unless the privilege is waived by a person having authority to do so.
(Repealed)
The Commissioner or person presiding at the compulsory examination or public inquiry may declare that all or any classes of answers given by a witness or that all or any classes of documents or other things produced by a witness will be regarded as having been given or produced on objection by the witness, and there is accordingly no need for the witness to make an objection in respect of each such answer, document or other thing.
If a Commissioner requires the attendance at a compulsory examination or public inquiry before the Commission of a prisoner, the Commissioner may, by order in writing served on the governor of the prison in whose custody the prisoner is, direct the governor to produce the prisoner, or have the prisoner produced, at the time and place stated in the order.
Such an order is sufficient authority to the governor of the prison for producing or having produced the prisoner, who shall be produced accordingly.
A prisoner shall, when produced under this section in the actual custody of the governor of the prison, a prison officer or a member of the NSW Police Force, be taken to be in lawful custody.
The governor, prison officer or member of the NSW Police Force shall in due course return the prisoner to the prison.
In this section,
An authorised officer to whom an application is made under subsection (4) may issue a search warrant if satisfied that there are reasonable grounds for doing so.
A Commissioner, on application made to the Commissioner under subsection (4), may issue a search warrant if the Commissioner thinks fit in the circumstances and if satisfied that there are reasonable grounds for doing so.
Search warrants should, as far as practicable, be issued by authorised officers, but nothing in this subsection affects the discretion of a Commissioner to issue them.
An officer of the Commission may apply to an authorised officer or a Commissioner for a search warrant if the officer has reasonable grounds for believing that there is in or on any premises a document or other thing connected with any matter that is being investigated under this Act or that such a document or other thing may, within the next following 72 hours, be brought into or onto the premises.
A search warrant authorises any member of the NSW Police Force, or any other person, named in the warrant—
(a) to enter the premises, and
(b) to search the premises for documents or other things connected with any matter that is being investigated under this Act, and
(c) to seize any such documents or other things found in or on the premises and deliver them to the Commission.
A member of the NSW Police Force, or a senior Commission investigator, named in and executing a search warrant may search a person found in or on the premises whom the member of the NSW Police Force or senior Commission investigator reasonably suspects of having a document or other thing mentioned in the warrant.
In this section—
A person executing a search warrant shall produce the warrant for inspection by an occupier of the premises if requested to do so by that occupier.
A person authorised to enter premises under a search warrant may use such force as is reasonably necessary for the purpose of entering the premises.
A person authorised to enter premises under a search warrant may, if it is reasonably necessary to do so, break open any receptacle in or on the premises for the purposes of the search.
A person may execute a search warrant with the aid of such assistants as the person considers necessary.
A search warrant may be executed by day, but shall not be executed by night unless the person issuing the warrant, by the warrant, authorises its execution by night.
In this section—
A search warrant ceases to have effect—
(a) one month after its issue, or
(b) if it is withdrawn by the person who issued the warrant, or
(c) when it is executed,
whichever first occurs.
If, in the course of searching, in accordance with the terms of a search warrant, for documents or other things—
(a) the person executing the warrant finds a document or other thing that the person believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for an indictable offence against the law of the Commonwealth, a State or a Territory, and
(b) the first-mentioned person believes on reasonable grounds that it is necessary to seize the document or other thing in order to prevent its concealment, loss, mutilation or destruction, or its use in committing such an offence,
that person may seize the document or other thing and, if it is so seized, it shall be taken, for the purposes of this Act, to have been seized pursuant to the warrant.
If a document or other thing is seized pursuant to a search warrant—
(a) the Commission may retain the document or other thing if, and for so long as, its retention by the Commission is reasonably necessary for the purposes of an investigation to which it is relevant, and
(b) if the retention of the document or other thing by the Commission is not, or ceases to be, reasonably necessary for such purposes, the Commission shall cause it to be delivered to—
(i) the person who appears to the Commission to be entitled to possession of the document or other thing, or
(ii) the Attorney General or the Director of Public Prosecutions, with a recommendation as to what action should be taken in relation to the document or other thing.
Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 (other than sections 69–73A) applies to a search warrant issued under this Act.
Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 so applies as if references in that Division to an authorised officer to whom an application for a search warrant is made or by whom a search warrant is issued included (where relevant) references to a Commissioner, where such an application is made to a Commissioner or a search warrant is issued by a Commissioner.
This Division applies to property—
(a) that is lawfully in the custody of the Commission in connection with an investigation, and
(b) is not required for the purposes of an investigation or a criminal prosecution or disciplinary or other proceeding.
The Commission may apply to a court for an order under this Division in relation to property to which this Division applies if it appears to the Commission that no person is lawfully entitled to the property.
A court to which such an application is made may order that the property be dealt with as the court thinks fit.
Without limiting subsection (2), in determining an application a court may—
(a) order that the property be forfeited to the Crown, and
(b) make any necessary incidental or ancillary orders.
Property ordered to be forfeited to the Crown—
(a) if money, is to be paid to the Treasurer for payment into the Consolidated Fund, or
(b) in any other case, may be sold by or on behalf of the Commission at public auction and the proceeds of sale paid to the Treasurer for payment into the Consolidated Fund.
If the property is not money or is not fit or suitable for sale, or fails to sell at public auction, it is to be disposed of in accordance with the directions of the Commission.
A person who is lawfully entitled to any property that has been dealt with in accordance with this Division may recover from the Treasurer the money or proceeds of sale held by the Treasurer. This Act authorises the Treasurer to pay the amount out of the Consolidated Fund (which is appropriated to the necessary extent).
The court to which an application under this Division may be made is—
(a) the Local Court, if the estimated value of the property (or the amount of the money) does not exceed $40,000, or
(b) the District Court, if the estimated value of the property (or the amount of the money) exceeds $40,000 but does not exceed $250,000, or
(c) the Supreme Court, if the estimated value of the property (or the amount of the money) exceeds $250,000.
The Commission may recommend to the Attorney General that a person be granted (under section 32 of the Criminal Procedure Act 1986) an indemnity from prosecution.
The Commission may recommend to the Attorney General that a person be given (under section 33 of the Criminal Procedure Act 1986) an undertaking that—
(a) an answer, statement or disclosure in proceedings before the Commission, or
(b) the fact of a disclosure or production of a document in proceedings before the Commission,
will not be used in evidence against the person.
Section 33 of the Criminal Procedure Act 1986 applies in relation to proceedings before the Commission in the same way as it applies in relation to proceedings for an offence.
A reference in this section to proceedings before the Commission includes a reference to a compulsory examination or public inquiry conducted by the Commission or any other investigative activity involving the Commission or an officer of the Commission.
(Repealed)
A witness appearing before the Commission shall be paid, out of money provided by Parliament, in respect of the expenses of the witness’s attendance an amount ascertained in accordance with the prescribed scale or, if there is no prescribed scale, such amount as the Commission determines.
A witness who is appearing or about to appear before the Commission may apply to the Attorney General for legal or financial assistance.
The Attorney General may approve the provision of legal or financial assistance to the applicant if of the opinion that this is appropriate, having regard to any one or more of the following—
(a) the prospect of hardship to the witness if assistance is declined,
(b) the significance of the evidence that the witness is giving or appears likely to give,
(c) any other matter relating to the public interest.
On giving the approval, the Attorney General may authorise the provision to the witness of legal or financial assistance determined by the Attorney General in respect of the witness’s appearance before the Commission. The assistance is to be provided out of money provided by Parliament for the purpose.
The assistance may be provided unconditionally or subject to conditions determined by the Attorney General.
The Attorney General may delegate one or more of his or her functions under this section to the Secretary, a Deputy Secretary or the General Counsel of the Department of Communities and Justice.
This section applies to the function of the Commission under section 14 of gathering and assembling evidence that may be admissible in the prosecution of a person for a criminal offence and of furnishing that evidence to the Director of Public Prosecutions or to the Electoral Commission.
The powers under sections 21, 22, 23 and 40 may be exercised for the purposes of that function after the completion of the Commission’s investigations into a matter if the Director of Public Prosecutions or the Electoral Commission requests the Commission to do so.
The Commission may, before or after investigating a matter (whether or not the investigation is completed, and whether or not the Commission has made any findings), refer the matter for investigation or other action to any person or body considered by the Commission to be appropriate in the circumstances.
The person or body to whom a matter is referred is called in this Part a
The Commission may, when referring a matter, recommend what action should be taken by the relevant authority and the time within which it should be taken.
The Commission may communicate to the relevant authority any information which the Commission has obtained during the investigation of conduct connected with the matter.
The Commission shall not refer a matter to a person or body except after appropriate consultation with the person or body and after taking into consideration the views of the person or body.
If the Commission communicates information to a person or body under this section on the understanding that the information is confidential, the person or body is subject to the secrecy provisions of section 111 in relation to the information.
The Commission may, when referring a matter under this Part, require the relevant authority to submit to the Commission a report or reports in relation to the matter and the action taken by the relevant authority.
In this Part—
The amendment made to section 112 by the amending Act extends to any written submissions received by the Commission before the commencement of the amendment.
The amendment made to section 116 by the amending Act extends to offences committed, or alleged to have been committed, before the commencement of the amendment.
Section 11, as amended by the amending Act, extends to possible corrupt conduct that occurred before the date of assent to that Act.
In this Part—
Part 2 of the Surveillance Devices Act 2007 is not contravened by—
(a) the Commission obtaining, possessing, publishing or communicating, before 31 December 2010, in accordance with a provision of this Act, any relevant recording that has been obtained by the use of a surveillance device in contravention of Part 2 of that Act, or
(b) a person providing any such relevant recording to the Commission, before 31 December 2010, in accordance with a requirement made of the person under this Act, or
(c) the possession, publication or communication at any time of a report of the Commission made before 31 December 2010 concerning any such relevant recording (or of any information in the report).
The Commission is to ensure that the publication or communication of a relevant recording referred to in subclause (1) is made only for the purposes of investigating or reporting on particular alleged corrupt conduct.
This Part extends to relevant recordings obtained by a person by the use of a surveillance device before the commencement of this Part.
Anything done by the Commission or other person before the commencement of this Part that would not have contravened Part 2 of the Surveillance Devices Act 2007 if it had been done after that commencement is taken not to have been a contravention of that Part.
Clause 4 (3) of Schedule 1, as amended by the Statute Law (Miscellaneous Provisions) Act (No 2) 2010, applies in relation to a term of office whether served before or after the commencement of the amendment.
In this Part—
The amendment made to section 57F by the amending Act extends to the use, publication or communication before the commencement of the amendment of protected information within the meaning of the Surveillance Devices Act 2007 in relation to the exercise of the Inspector’s functions under section 57B.
Section 104 (11A) as inserted by the amending Act does not apply to or in respect of an application made under Part 6 of Chapter 2 of the Industrial Relations Act 1996 before the commencement of the amending Act.
Any collection, use or disclosure of vetting information to or by the Inspector or the Commission that occurred before the commencement of section 104C, as inserted by the Independent Commission Against Corruption and Other Legislation Amendment Act 2013, is taken to have been validly done if the collection, use or disclosure would have been valid if done on or after that commencement.
In this Part—
A reference in this Part to anything done or purporting to have been done by the Commission includes a reference to—
(a) anything done or purporting to have been done by an officer of the Commission, and
(b) any investigation, examination, inquiry, hearing, finding, referral, recommendation or report conducted or made by the Commission or an officer of the Commission, and
(c) any order, direction, summons, notice or other requirement made or issued by the Commission or an officer of the Commission, and
(d) the obtaining or receipt of anything by the Commission or an officer of the Commission.
A reference in this Part to evidence given to the Commission includes a reference to—
(a) a statement of information, or a document or other thing, produced in response to a notice by the Commission or an officer of the Commission, and
(b) an answer made, or a document or other thing produced, by a person summoned to attend or appearing before the Commission or an officer of the Commission at a compulsory examination or public inquiry, and
(c) any information, document or other thing otherwise obtained or received by the Commission or an officer of the Commission.
Anything done or purporting to have been done by the Commission before 15 April 2015 that would have been validly done if corrupt conduct for the purposes of this Act included relevant conduct is taken to have been, and always to have been, validly done.
The validation under subclause (1) extends to the validation of—
(a) things done or purporting to have been done by any person or body, and
(b) legal proceedings and matters arising in or as a result of those proceedings,
if their validity relies on the validity of a thing done or purporting to have been done by the Commission.
The validation under subclause (1) extends to the validation of things on and from the date they were done or purported to have been done.
The Commission is authorised (and is taken always to have been authorised) to exercise functions under this Act on or after 15 April 2015 to refer matters for investigation or other action to other persons or bodies, or to communicate or provide evidence given to the Commission to other persons or bodies, even if the matter arose or the evidence was given to the Commission before 15 April 2015 and its validity relies on the validation under subclause (1).
Subclause (4) applies even if any finding of corrupt conduct that relates to the matter or evidence is declared a nullity or otherwise set aside by a court.
However, a person is not (and was not) required to comply, on and after 15 April 2015, with any order, direction, summons, notice or other requirement made or issued by the Commission or an officer of the Commission before 15 April 2015 if the validity of the order, direction, summons, notice or other requirement relies on the validation under subclause (1).
In this Part—
The amendment to section 8 (4) made by the amending Act extends to conduct occurring before the commencement of that amendment.
Section 13A, as inserted by the amending Act, extends to possible criminal offences referred to in that section that may have been committed before the commencement of the amending Act.
The Electoral Commission is taken to have referred to the Commission under section 13A the investigation of conduct that may involve possible criminal offences under the Parliamentary Electorates and Elections Act 1912, the Election Funding, Expenditure and Disclosures Act 1981 or the Lobbying of Government Officials Act 2011 that have come to light as a result of investigations and proceedings of the Commission known as Operation Spicer and Operation Credo. The Commission is taken to have determined under that section to continue that investigation.
Section 74BA, as inserted by the amending Act, applies to reports made by the Commission after the commencement of that section, and so applies even if the report relates to an investigation commenced or undertaken before that commencement.
In this Part—
The abolition of the office of the former Commissioner as a result of the substitution of Part 2 of this Act by the amending Act does not affect the identity of the Commission.
Anything done or omitted to be done by the former Commissioner before the substitution of Part 2 of this Act by the amending Act continues to have effect after that substitution as if it had been done or omitted by the Chief Commissioner.
A term of office as the former Commissioner is taken to be a term of office as a Commissioner for the purposes of the limitation on the maximum terms of office that a person may hold office as a Commissioner as provided by clause 5 of Schedule 1.
A reference in any other Act, statutory instrument or document to the former Commissioner is taken to be a reference to the Chief Commissioner or, if the context or subject-matter so requires, to any Commissioner.
See also section 5 of the Independent Commission Against Corruption (Commissioner) Act 1994.
Section 6 (2), as enacted by the amending Act, does not apply to a public inquiry that was commenced before the enactment of section 6 (2).
Section 79A, as inserted by the amending Act, extends to a report relating to an investigation commenced or undertaken before the date of commencement of that section unless the Commission or the Inspector finalised the report before that commencement.
The amendments made by the amending Act apply on and from 30 June 2022, including if the amending Act commences after that date.
In this clause—
This clause applies in relation to a Commissioner who held office immediately before the commencement of this clause.
The Governor may, by instrument, extend the term of office of the Commissioner by a period, not more than 12 months, specified in the instrument.
Independent Commission Against Corruption Act 1988 No 35. Assented to 6.7.1988. Date of commencement, 13.3.1989, sec 2 and GG No 30 of 10.3.1989, p 1332. This Act has been amended as follows—
No 42 | Independent Commission Against Corruption (Amendment) Act 1988. Assented to 9.8.1988. Date of commencement, 13.3.1989, sec 2 and GG No 30 of 10.3.1989, p 1332. | |
No 28 | Independent Commission Against Corruption (Amendment) Act 1989. Assented to 21.4.1989. Date of commencement, 5.5.1989, sec 2 and GG No 55 of 5.5.1989, p 2633. | |
No 187 | Evidence (Religious Confessions) Amendment Act 1989. Assented to 19.12.1989. Date of commencement of sec 4, assent, sec 2. | |
No 195 | State Bank (Corporatisation) Act 1989. Assented to 21.12.1989. Date of commencement of Sch 1, 14.5.1990, sec 2 and GG No 62 of 11.5.1990, p 3735. | |
No 80 | Independent Commission Against Corruption (Amendment) Act 1990. Assented to 4.12.1990. Date of commencement, 7.12.1990, sec 2 and GG No 161 of 7.12.1990, p 10651. | |
No 17 | Statute Law (Miscellaneous Provisions) Act 1991. Assented to 3.5.1991. Date of commencement of the provisions of Sch 1 relating to the Independent Commission Against Corruption Act 1988, assent, sec 2. | |
No 38 | Government Insurance Office (Privatisation) Act 1991. Assented to 22.11.1991. Date of commencement of Sch 2, 1.1.1992, sec 2 (1) and GG No 180 of 20.12.1991, p 10553. | |
No 54 | Independent Commission Against Corruption (Amendment) Act 1991. Assented to 11.12.1991. Date of commencement, assent, sec 2. | |
No 43 | Statutory Appointments Legislation (Parliamentary Veto) Amendment Act 1992. Assented to 19.5.1992. Date of commencement, assent, sec 2. | |
No 86 | Independent Commission Against Corruption (Amendment) Act 1994. Assented to 12.12.1994. Date of commencement, 20.1.1995, sec 2 and GG No 5 of 20.1.1995, p 373. | |
No 3 | Parliamentary Committees Legislation Amendment Act 1995. Assented to 30.5.1995. Date of commencement, assent, sec 2. | |
No 11 | Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995. Date of commencement of the provisions of Sch 1 relating to the Independent Commission Against Corruption Act 1988, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. | |
No 27 | Evidence (Consequential and Other Provisions) Act 1995. Assented to 19.6.1995. Date of commencement, 1.9.1995, sec 2 and GG No 102 of 25.8.1995, p 4355. | |
No 99 | Statute Law (Miscellaneous Provisions) Act (No 2) 1995. Assented to 21.12.1995. Date of commencement of the provisions of Sch 1 relating to the Independent Commission Against Corruption Act 1988, assent, sec 2 (2). | |
No 29 | Police Legislation Amendment Act 1996. Assented to 21.6.1996. Date of commencement of Sch 3, 1.7.1996, sec 2 and GG No 77 of 28.6.1996, p 3285. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 1996. Assented to 21.6.1996. Date of commencement of the provisions of Sch 1 relating to the Independent Commission Against Corruption Act 1988, assent, sec 2 (2). | |
No 73 | Independent Commission Against Corruption Amendment (Codes of Conduct) Act 1996. Assented to 27.9.1996. Date of commencement, assent, sec 2. | |
No 108 | Police Legislation Further Amendment Act 1996. Assented to 2.12.1996. Date of commencement of Sch 2, 1.1.1997, sec 2 and GG No 143 of 6.12.1996, p 7871. | |
No 121 | Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996. Date of commencement of Sch 4.27, 4 months after assent, sec 2 (4). | |
No 60 | Investigative Bodies Legislation Amendment Act 1997. Assented to 2.7.1997. Date of commencement, assent, sec 2. | |
No 152 | Environmental Planning and Assessment Amendment Act 1997. Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 101 of 1.7.1998, p 5119. | |
No 133 | Privacy and Personal Information Protection Act 1998. Assented to 30.11.1998. Date of commencement of Sch 3.4, 1.6.1999, sec 2 and GG No 63 of 28.5.1999, p 3571. | |
No 85 | Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of Sch 4.30, 3.4.2000, sec 2 (1) and GG No 42 of 31.3.2000, p 2487; date of commencement of sec 7 and Sch 5, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184. | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 19 | Local Government Amendment (Anti-Corruption) Act 2002. Assented to 17.6.2002. Date of commencement, assent, sec 2. | |
No 44 | Environmental Planning and Assessment Amendment (Anti-Corruption) Act 2002. Assented to 3.7.2002. Date of commencement, 5.7.2002, sec 2 and GG No 111 of 5.7.2002, p 5089. | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. Amended by Statute Law (Miscellaneous Provisions) Act 2006 No 58. Assented to 20.6.2006. Date of commencement of Sch 2.28, 1.12.2005, Sch 2.28. | |
No 13 | Australian Crime Commission (New South Wales) Act 2003. Assented to 30.6.2003. Date of commencement of Sch 1.14, assent, sec 2 (1). | |
No 73 | Independent Commission Against Corruption Amendment (Ethics Committee) Act 2003. Assented to 20.11.2003. Date of commencement, 1.12.2003, sec 2 and GG No 186 of 28.11.2003, p 10758. | |
No 73 | Local Government Amendment (Discipline) Act 2004. Assented to 28.9.2004. Date of commencement, 1.1.2005, sec 2 and GG No 201 of 17.12.2004, p 9621. | |
No 114 | Teaching Services Amendment Act 2004. Assented to 21.12.2004. Date of commencement, 17.1.2005, sec 2 and GG No 7 of 14.1.2005, p 97. | |
No 10 | Independent Commission Against Corruption Amendment Act 2005. Assented to 14.4.2005. Date of commencement of Sch 1 [1] [4] [6]–[12] [15] [21] [30] [31] [37] [44]–[53] [55] [63] [65] and [66], 6.6.2005, sec 2 and GG No 64 of 1.6.2005, p 1909; date of commencement of Sch 1 [2] (except to the extent to which it inserts definitions of | |
No 77 | Defamation Act 2005. Assented to 26.10.2005. Date of commencement, 1.1.2006, sec 2. | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 1, assent, sec 2 (2). | |
No 103 | Crimes and Courts Legislation Amendment Act 2005. Assented to 1.12.2005. Date of commencement of Sch 7, 1.12.2005, sec 2 (4). | |
No 2 | Public Sector Employment Legislation Amendment Act 2006. Assented to 13.3.2006. Date of commencement, 17.3.2006, sec 2 and GG No 35 of 17.3.2006, p 1378. | |
No 29 | Independent Commission Against Corruption Amendment (Operations Review Committee) Act 2006. Assented to 26.5.2006. Date of commencement, assent, sec 2. | |
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 1.16, assent, sec 2 (2). | |
No 64 | Police Integrity Commission Amendment Act 2006. Assented to 28.9.2006. Date of commencement, 12.1.2007, sec 2 and GG No 5 of 12.1.2007, p 82. | |
No 111 | Aboriginal Land Rights Amendment Act 2006. Assented to 4.12.2006. |
Date of commencement of Sch 2.3, 1.7.2007, sec 2 and GG No 83 of 29.6.2007, p 3965. | ||
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Schs 2 and 3, assent, sec 2 (2). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1.22, assent, sec 2 (2). | |
No 64 | Surveillance Devices Act 2007. Assented to 23.11.2007. Date of commencement, 1.8.2008, sec 2 and GG No 92 of 25.7.2008, p 7283. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 1.50 and 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 36 | Environmental Planning and Assessment Amendment Act 2008. Assented to 25.6.2008. Date of commencement of Sch 2.4, 3.11.2008, sec 2 and GG No 137 of 29.10.2008, p 10441. | |
No 60 | Police Integrity Commission Amendment (Crime Commission) Act 2008. Assented to 1.7.2008. Date of commencement, assent, sec 2. | |
No 107 | Courts and Crimes Legislation Further Amendment Act 2008. Assented to 8.12.2008. Date of commencement of Sch 29, 7.4 2009, sec 2 (2) and 2009 (112) LW 3.4.2009. | |
No 123 | Independent Commission Against Corruption Amendment Act 2008. Assented to 16.12.2008. Date of commencement, assent, sec 2. | |
No 49 | NSW Trustee and Guardian Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (305) LW 1.7.2009. | |
No 95 | Independent Commission Against Corruption and Ombudsman Legislation Amendment Act 2009. Assented to 30.11.2009. Date of commencement, assent, sec 2. | |
No 54 | Industrial Relations Amendment (Public Sector Appeals) Act 2010. Assented to 28.6.2010. Date of commencement, 1.7.2010, sec 2. | |
No 84 | Protected Disclosures Amendment (Public Interest Disclosures) Act 2010. Assented to 1.11.2010. Date of commencement of Sch 2, 3.3.2011, sec 2 and 2011 (121) LW 3.3.2011. | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 1.17, 7.1.2011, sec 2 (2). | |
No 120 | Planning Appeals Legislation Amendment Act 2010. Assented to 29.11.2010. Date of commencement of Sch 3, 28.2.2011, sec 2 and 2011 (66) LW 18.2.2011. | |
No 36 | Independent Commission Against Corruption Amendment Act 2011. Assented to 13.9.2011. Date of commencement, assent, sec 2. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 3, 6.1.2012, sec 2 (1). | |
No 66 | Crime Commission Act 2012. Assented to 24.9.2012. Date of commencement of Sch 5.6, 5.10.2012, sec 2 and 2012 (499) LW 5.10.2012. | |
No 83 | Independent Commission Against Corruption Amendment (Register of Disclosures by Members) Act 2012. Assented to 29.10.2012. Date of commencement, assent, sec 2. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 2012. Assented to 21.11.2012. Date of commencement of Sch 1.9, 4.1.2013, sec 2 (1). | |
No 14 | Independent Commission Against Corruption Amendment (Disciplinary Proceedings) Act 2013. Assented to 3.4.2013. Date of commencement, assent, sec 2. | |
No 35 | Independent Commission Against Corruption and Other Legislation Amendment Act 2013. Assented to 3.6.2013. Date of commencement, assent, sec 2. | |
No 41 | Members of Parliament Staff Act 2013. Assented to 25.6.2013. Date of commencement, 24.2.2014, sec 2 and 2014 (56) LW 20.2.2014. | |
No 72 | Police Integrity Commission and Independent Commission Against Corruption Legislation Amendment (Inspectors) Act 2013. Assented to 24.9.2013. Date of commencement, assent, sec 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 3.14, 4.7.2014, sec 2 (1). | |
No 1 | Independent Commission Against Corruption Amendment (Validation) Act 2015. Assented to 6.5.2015. Date of commencement, assent, sec 2. | |
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015. | |
No 28 | Independent Commission Against Corruption Amendment Act 2015. Assented to 28.9.2015. Date of commencement, assent, sec 2. | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 2, 6.1.2017, sec 2 (1). | |
No 61 | Law Enforcement Conduct Commission Act 2016. Assented to 14.11.2016. Date of commencement of Sch 6.25, 1.7.2017, sec 2 (1) and 2017 (256) LW 16.6.2017; date of commencement of Sch 7.2, assent, sec 2 (2). | |
No 65 | Independent Commission Against Corruption Amendment Act 2016. Assented to 23.11.2016. Date of commencement, 7.8.2017, sec 2 and 2017 (387) LW 4.8.2017. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 2, 7.7.2017, sec 2 (3). | |
No 39 | Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017. Assented to 14.8.2017. Date of commencement of Sch 6, assent, sec 2 (1). | |
No 55 | Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017. Assented to 24.10.2017. Date of commencement, 30.4.2018, sec 2 and 2018 (164) LW 27.4.2018. | |
No 60 | Environmental Planning and Assessment Amendment Act 2017. Assented to 23.11.2017. Date of commencement, 1.3.2018, sec 2 and 2018 (64) LW 28.2.2018. | |
No 65 | Local Government Amendment (Regional Joint Organisations) Act 2017. Assented to 30.11.2017. Date of commencement, 15.12.2017, sec 2 and 2017 (730) LW 15.12.2017. | |
No 66 | Electoral Act 2017. Assented to 30.11.2017. Date of commencement, 1.7.2018, sec 2 and 2018 (302) LW 29.6.2018. | |
No 20 | Electoral Funding Act 2018. Assented to 30.5.2018. Date of commencement, 1.7.2018, sec 2 and 2018 (365) LW 29.6.2018. | |
No 63 | Building and Development Certifiers Act 2018. Assented to 31.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (77) LW 4.3.2020. | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.54, 1.7.2021, sec 2(1) and 2021 (305) LW 25.6.2021. | |
No 14 | Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019. Date of commencement of Sch 1.11, 14 days after assent, sec 2(1). | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 26 | Water Industry Competition Amendment Act 2021. Assented to 1.11.2021. Date of commencement of Sch 2.6, 1.3.2024, sec 2 and 2024 (43) LW 1.3.2024. | |
No 14 | Public Interest Disclosures Act 2022. Assented to 13.4.2022. Date of commencement, 1.10.2023, sec 2(b) and 2023 (11) LW 20.1.2023. | |
No 28 | ICAC and LECC Legislation Amendment Act 2022. Assented to 27.6.2022. Date of commencement, assent, sec 2. | |
No 77 | Integrity Legislation Amendment Act 2022. Assented to 28.11.2022. Date of commencement, assent, sec 2. | |
No 17 | ICAC and LECC Legislation Amendment Act 2023. Assented to 25.8.2023. Date of commencement of Sch 1[1] [3]–[8], assent, sec 2(b); date of commencement of Sch 1[2], 3 months after assent (i.e. 26.11.2023), sec 2(a). | |
No 17 | Independent Commission Against Corruption Amendment Act 2024. Assented to 3.4.2024. Date of commencement, assent, sec 2. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2024. Assented to 9.8.2024. Date of commencement, assent, sec 2. | |
No 57 | Government Sector Finance Amendment (Integrity Agencies) Act 2024. Assented to 23.9.2024. Date of commencement, 9.10.2024, sec 2 and 2024 (518) LW 9.10.2024. |
Sec 2A | Ins 2005 No 10, Sch 1 [1]. |
Sec 3 | Am 1995 No 11, Sch 1; 1996 No 29, Sch 3 (1) (2); 1997 No 152, Sch 4.17; 2001 No 121, Sch 2.125 [1]; 2002 No 103, Sch 4.47 [1]; 2004 No 114, Sch 2.9 [1] [2]; 2005 No 10, Sch 1 [2]–[4]; 2006 No 2, Sch 5.5 [1] [2]; 2006 No 120, Sch 3.12 [1]; 2011 No 62, Sch 3.14 [1]; 2013 No 41, Sch 3.3; 2013 No 72, Sch 2 [1]; 2014 No 33, Sch 3.14 [1] [2]; 2016 No 65, Sch 1 [1]–[3]; 2017 No 65, Sch 2.13 [1] [2]; 2018 No 63, Sch 3.7; 2018 No 70, Sch 4.54; 2021 No 26, Sch 2.6; 2022 No 14, Sch 4[1]. |
Part 2 | Subst 2016 No 65, Sch 1 [4]. |
Sec 4 | Am 2005 No 10, Sch 1 [5]. Subst 2016 No 65, Sch 1 [4]. |
Sec 5 | Subst 2016 No 65, Sch 1 [4]. |
Sec 5A | Ins 1992 No 43, Sch 1. Rep 2016 No 65, Sch 1 [4]. |
Sec 6 | Subst 2016 No 65, Sch 1 [4]. |
Secs 6A, 6B | Ins 2016 No 65, Sch 1 [4]. |
Sec 7 | Am 2015 No 28, Sch 1 [1] [2]. |
Sec 8 | Am 1990 No 80, Sch 1 (6); 2015 No 28, Sch 1 [3]–[7]. |
Sec 9 | Am 1994 No 86, sec 3 (a)–(c); 2004 No 73, Sch 4; 2005 No 10, Sch 1 [6]; 2022 No 77, Sch 1.2[1]–[3]. |
Sec 10 | Am 1990 No 80, Sch 1 (1); 1999 No 94, Sch 4.30 [1]; 2022 No 14, Sch 4[2]. |
Sec 11 | Am 2006 No 64, Sch 2 [1]; 2008 No 60, Sch 2 [1]; 2008 No 123, Sch 1 [1]–[4]; 2009 No 95, Sch 1 [1]; 2016 No 61, Sch 6.25 [1]. |
Sec 12A | Ins 2005 No 10, Sch 1 [7]. Am 2008 No 123, Sch 1 [5]. |
Sec 13 | Am 1990 No 80, Sch 1 (7); 2005 No 10, Sch 1 [8]–[11]; 2006 No 64, Sch 2 [2]; 2008 No 60, Sch 2 [2]; 2015 No 28, Sch 1 [8] [9]; 2016 No 61, Sch 6.25 [2]. |
Sec 13A | Ins 2015 No 28, Sch 1 [10]. Am 2017 No 66, Sch 8.13 [1] [2]; 2018 No 20, Sch 3.5 [1] [2]. |
Sec 14 | Am 1991 No 54, Sch 1 (1); 2011 No 36, Sch 1 [1] [2]; 2015 No 28, Sch 1 [11]–[13]. |
Sec 16 | Am 1990 No 80, Sch 1 (2); 2003 No 13, Sch 1.14; 2005 No 10, Sch 1 [12]; 2011 No 62, Sch 3.14 [1]; 2015 No 28, Sch 1 [14]. |
Sec 17 | Am 1995 No 27, Sch 1; 2005 No 10, Sch 1 [13]. |
Sec 18 | Am 1990 No 80, Sch 1 (3); 2001 No 121, Sch 2.125 [2]; 2005 No 10, Sch 1 [14]; 2008 No 107, Sch 29.6; 2017 No 55, Sch 3.5. |
Sec 19 | Am 2007 No 64, Sch 2.4. |
Sec 20 | Am 2005 No 10, Sch 1 [15]; 2006 No 29, Sch 1 [1]. |
Sec 20A | Ins 1996 No 29, Sch 3 (3). |
Secs 21, 22 | Am 1990 No 80, Sch 1 (4); 2016 No 65, Sch 1 [3]. |
Sec 23 | Am 1989 No 195, Sch 1; 1991 No 38, Sch 2; 2016 No 65, Sch 1 [3]. |
Sec 24 | Am 2013 No 35, Sch 1 [1]. |
Sec 25 | Am 2016 No 65, Sch 1 [3]. |
Sec 26 | Am 2013 No 14, Sch 1 [1]. |
Sec 29 | Am 2005 No 10, Sch 1 [16]. |
Part 4, Div 3, heading | Subst 2005 No 10, Sch 1 [17]. |
Sec 30 | Subst 2005 No 10, Sch 1 [18]. Am 2016 No 65, Sch 1 [3]. |
Sec 31 | Subst 1991 No 54, Sch 1 (2); 2005 No 10, Sch 1 [18]. Am 2006 No 120, Sch 3.12 [2]; 2016 No 65, Sch 1 [2] [3] [5]. |
Sec 31A | Ins 2005 No 10, Sch 1 [18]. Am 2016 No 65, Sch 1 [3]. |
Sec 31B | Ins 2016 No 65, Sch 1 [6]. |
Sec 32 | Am 2005 No 10, Sch 1 [19]. |
Sec 33 | Am 2005 No 10, Sch 1 [20]; 2006 No 120, Sch 3.12 [2] [3]. |
Sec 33A | Ins 1991 No 54, Sch 1 (3). Am 2005 No 10, Sch 1 [20]. |
Sec 34 | Am 2005 No 10, Sch 1 [20]; 2006 No 120, Sch 3.12 [3] [4]; 2016 No 65, Sch 1 [3]. |
Sec 35 | Am 1990 No 80, Sch 1 (5); 2005 No 10, Sch 1 [20]; 2011 No 36, Sch 1 [3]–[7]; 2016 No 65, Sch 1 [3]; 2017 No 22, Sch 2.20. |
Sec 36 | Am 1997 No 60, Sch 4 [1]; 2011 No 62, Sch 3.14 [1]; 2016 No 65, Sch 1 [3]. |
Sec 36A | Ins 1997 No 60, Sch 4 [2]. Am 2005 No 10, Sch 1 [20]; 2016 No 65, Sch 1 [3]. |
Sec 36B | Ins 1997 No 60, Sch 4 [2]. Am 2016 No 65, Sch 1 [3]. |
Sec 37 | Am 1988 No 42, Sch 1 (1); 1989 No 187, sec 4; 2005 No 10, Sch 1 [20]; 2006 No 120, Sch 3.12 [2] [5]; 2011 No 36, Sch 1 [8]; 2013 No 14, Sch 1 [2]; 2016 No 65, Sch 1 [3]. |
Sec 38 | Am 2005 No 10, Sch 1 [20]. |
Sec 39 | Am 1999 No 94, Sch 4.30 [2]; 2005 No 10, Sch 1 [20]; 2011 No 62, Sch 3.14 [1]; 2016 No 65, Sch 1 [3]. |
Sec 40 | Am 2002 No 103, Sch 4.47 [2] (am 2006 No 58, Sch 2.28 [3]) [3]; 2016 No 65, Sch 1 [3]. |
Sec 41 | Am 1996 No 29, Sch 3 (4)–(6); 2011 No 62, Sch 3.14 [1]; 2016 No 65, Sch 1 [2]. |
Sec 48 | Am 2002 No 103, Sch 4.47 [4]–[6]; 2005 No 103, Sch 7; 2016 No 65, Sch 1 [3]. |
Part 4, Div 4A | Ins 2005 No 10, Sch 1 [21]. |
Sec 48A | Ins 2005 No 10, Sch 1 [21]. |
Sec 48B | Ins 2005 No 10, Sch 1 [21]. Am 2016 No 65, Sch 1 [7]. |
Sec 48C | Ins 2005 No 10, Sch 1 [21]. |
Sec 48D | Ins 2005 No 10, Sch 1 [21]. Am 2007 No 94, Sch 1.50. |
Sec 49 | Am 1999 No 94, Sch 4.30 [3]–[5]; 2001 No 121, Sch 2.125 [3]–[5]; 2005 No 10, Sch 1 [22]. |
Sec 50 | Subst 1996 No 29, Sch 3 (7). Am 1997 No 60, Sch 4 [3]; 2016 No 65, Sch 1 [7]. Rep 2022 No 14, Sch 4[3]. |
Sec 52 | Subst 1991 No 54, Sch 1 (4). Am 1997 No 60, Sch 4 [4]; 2019 No 14, Sch 1.11. |
Sec 52A | Ins 2016 No 65, Sch 1 [8]. |
Part 5A | Ins 2005 No 10, Sch 1 [23]. |
Sec 57A | Ins 2005 No 10, Sch 1 [23]. |
Sec 57AA | Ins 2013 No 72, Sch 2 [2]. |
Sec 57AB | Ins 2013 No 72, Sch 2 [2]. Rep 2016 No 61, Sch 6.25 [3]. |
Sec 57B | Ins 2005 No 10, Sch 1 [23]. Am 2011 No 36, Sch 1 [9]; 2022 No 14, Sch 4[1]. |
Sec 57C | Ins 2005 No 10, Sch 1 [23]. Am 2023 No 17, Sch 1[1]. |
Sec 57D | Ins 2005 No 10, Sch 1 [23]. |
Sec 57E | Ins 2005 No 10, Sch 1 [23]. Am 2005 No 98, Sch 1.13 [1]–[3]; 2014 No 33, Sch 3.14 [3] [4]. |
Sec 57F | Ins 2005 No 10, Sch 1 [23]. Am 2011 No 36, Sch 1 [10]. |
Sec 57G | Ins 2006 No 58, Sch 1.16 [1]. |
Part 6 (secs 58–62) | Rep 2006 No 29, Sch 1 [2]. |
Sec 64 | Am 2005 No 10, Sch 1 [24]–[26]; 2024 No 57, Sch 2.4[1] [2]. |
Sec 64A | Ins 1992 No 43, Sch 1. Am 2005 No 10, Sch 1 [27]; 2016 No 65, Sch 1 [9]. |
Sec 65 | Am 1995 No 3, Sch 2 (1) (2). |
Sec 67 | Am 2007 No 27, Sch 1.22 [1] [2]. |
Sec 68 | Am 1995 No 3, Sch 2 (3); 2007 No 27, Sch 1.22 [1] [2]. |
Sec 68A | Ins 1991 No 54, Sch 1 (5). |
Sec 70 | Am 1992 No 43, Sch 1; 2005 No 77, Sch 6.8; 2005 No 98, Sch 1.13 [4]; 2007 No 27, Sch 1.22 [1]. |
Part 7A | Ins 1994 No 86, sec 3 (d). |
Secs 72A, 72B | Ins 1994 No 86, sec 3 (d). |
Sec 72C | Ins 1994 No 86, sec 3 (d). Am 1995 No 99, Sch 1; 1996 No 30, Sch 1; 1996 No 73, Sch 1 (1); 2003 No 73, Sch 1 [1]. |
Sec 72D | Ins 1994 No 86, sec 3 (d). Subst 2003 No 73, Sch 1 [2]. |
Sec 72DA | Ins 2003 No 73, Sch 1 [2]. |
Sec 72E | Ins 1994 No 86, sec 3 (d). Am 1995 No 99, Sch 1; 1996 No 30, Sch 1; 1996 No 73, Sch 1 (2); 2003 No 73, Sch 1 [3]–[7]. |
Sec 72F | Ins 1994 No 86, sec 3 (d). Am 1995 No 3, Sch 2 (4)–(6). Rep 2003 No 73, Sch 1 [8]. |
Secs 72G, 72H | Ins 1994 No 86, sec 3 (d). Am 1995 No 3, Sch 2 (6). Rep 2003 No 73, Sch 1 [8]. |
Sec 72I | Ins 1994 No 86, sec 3 (d). Am 1995 No 3, Sch 2 (6) (7). Rep 2003 No 73, Sch 1 [8]. |
Secs 72J, 72K | Ins 1994 No 86, sec 3 (d). Rep 2003 No 73, Sch 1 [8]. |
Part 8, Div 1, heading | Ins 2005 No 10, Sch 1 [28]. |
Sec 73 | Am 1990 No 80, Sch 1 (8). |
Sec 74 | Am 1990 No 80, Sch 1 (9); 2005 No 10, Sch 1 [29]. |
Sec 74A | Ins 1990 No 80, Sch 1 (10). Am 2005 No 10, Sch 1 [30]. |
Sec 74B | Ins 1990 No 80, Sch 1 (10). |
Sec 74BA | Ins 2015 No 28, Sch 1 [15]. |
Sec 74C | Ins 2002 No 19, Sch 2. Am 2002 No 44, Sch 2; 2005 No 10, Sch 1 [31]; 2008 No 36, Sch 2.4; 2010 No 120, Sch 3.2; 2017 No 39, Sch 6; 2017 No 60, Sch 11.4. |
Sec 74D | Ins 2006 No 111, Sch 2.3. |
Sec 74E | Ins 2023 No 17, Sch 1[2]. |
Sec 76 | Am 2002 No 103, Sch 4.47 [7]; 2005 No 10, Sch 1 [32]; 2016 No 65, Sch 1 [3]; 2023 No 17, Sch 1[3]. |
Part 8, Div 2 | Ins 2005 No 10, Sch 1 [33]. |
Sec 77A | Ins 2005 No 10, Sch 1 [33]. Am 2011 No 36, Sch 1 [11]. |
Sec 77B | Ins 2005 No 10, Sch 1 [33]. |
Part 8, Div 3, heading | Ins 2005 No 10, Sch 1 [34]. |
Sec 78 | Am 2005 No 10, Sch 1 [35] [36]. |
Sec 79A | Ins 2016 No 65, Sch 1 [10]. |
Part 8A | Ins 2022 No 14, Sch 4[5]. |
Part 8A, Div 1 | Ins 2022 No 14, Sch 4[5]. |
Sec 79B | Ins 2022 No 14, Sch 4[5]. |
Sec 79C | Ins 2022 No 14, Sch 4[5]. |
Sec 79D | Ins 2022 No 14, Sch 4[5]. |
Sec 79E | Ins 2022 No 14, Sch 4[5]. |
Sec 79F | Ins 2022 No 14, Sch 4[5]. |
Sec 79G | Ins 2022 No 14, Sch 4[5]. |
Part 8A, Div 2 | Ins 2022 No 14, Sch 4[5]. |
Sec 79H | Ins 2022 No 14, Sch 4[5]. |
Sec 79I | Ins 2022 No 14, Sch 4[5]. |
Sec 79J | Ins 2022 No 14, Sch 4[5]. |
Sec 79K | Ins 2022 No 14, Sch 4[5]. |
Sec 79L | Ins 2022 No 14, Sch 4[5]. |
Sec 79M | Ins 2022 No 14, Sch 4[5]. |
Sec 79N | Ins 2022 No 14, Sch 4[5]. |
Sec 79O | Ins 2022 No 14, Sch 4[5]. |
Sec 79P | Ins 2022 No 14, Sch 4[5]. |
Sec 79Q | Ins 2022 No 14, Sch 4[5]. |
Part 8A, Div 3 | Ins 2022 No 14, Sch 4[5]. |
Sec 79R | Ins 2022 No 14, Sch 4[5]. |
Sec 79S | Ins 2022 No 14, Sch 4[5]. |
Sec 79T | Ins 2022 No 14, Sch 4[5]. |
Sec 80 | Am 2005 No 10, Sch 1 [37]–[39]; 2006 No 120, Sch 3.12 [2]; 2022 No 14, Sch 4[6]. |
Sec 81 | Am 2022 No 14, Sch 4[7]. |
Sec 82 | Am 1996 No 29, Sch 3 (8); 2008 No 123, Sch 1 [6]; 2022 No 14, Sch 4[6]. |
Sec 83 | Am 2022 No 14, Sch 4[7]. |
Sec 85 | Am 2005 No 10, Sch 1 [40]. |
Sec 86 | Am 1997 No 60, Sch 4 [5] [6]; 2005 No 10, Sch 1 [41]. |
Sec 87 | Subst 2005 No 10, Sch 1 [42]. |
Sec 88 | Am 1989 No 28, Sch 1 (1). |
Sec 89 | Am 2005 No 10, Sch 1 [43]. |
Sec 92 | Am 1997 No 60, Sch 4 [7]. |
Sec 93 | Subst 1996 No 29, Sch 3 (9). Am 2005 No 10, Sch 1 [44]. Rep 2022 No 14, Sch 4[8]. |
Sec 94 | Subst 1996 No 29, Sch 3 (10). Rep 2022 No 14, Sch 4[8]. |
Sec 96 | Am 1996 No 29, Sch 3 (11). |
Sec 98 | Am 1988 No 42, Sch 1 (2); 1997 No 60, Sch 4 [8]; 2005 No 10, Sch 1 [45]–[47]; 2006 No 120, Sch 3.12 [2]; 2016 No 65, Sch 1 [3]. |
Sec 99 | Am 1997 No 60, Sch 4 [9]; 2005 No 10, Sch 1 [48] [49]; 2016 No 65, Sch 1 [3]. |
Sec 100 | Am 1997 No 60, Sch 4 [10]; 2005 No 10, Sch 1 [50]–[53]; 2011 No 62, Sch 3.14 [1]; 2016 No 65, Sch 1 [3]. |
Secs 100A, 100B | Ins 1997 No 60, Sch 4 [11]. Am 2016 No 65, Sch 1 [3]. |
Part 10A | Ins 1996 No 29, Sch 3 (12). |
Sec 101A | Ins 1996 No 29, Sch 3 (12). Am 2016 No 65, Sch 1 [2]. |
Sec 101B | Ins 1996 No 29, Sch 3 (12). Am 2005 No 10, Sch 1 [54]; 2011 No 62, Sch 3.14 [2]. |
Sec 103 | Rep 2016 No 65, Sch 1 [11]. |
Sec 104 | Am 1989 No 28, Sch 1 (2); 1996 No 121, Sch 4.27. Subst 2006 No 2, Sch 5.5 [3]. Am 2007 No 27, Sch 1.22 [3]; 2010 No 54, Sch 3.6; 2011 No 36, Sch 1 [12]; 2014 No 33, Sch 3.14 [5]; 2016 No 65, Sch 1 [12]–[15]. |
Sec 104A | Ins 2006 No 2, Sch 5.5 [3]. Am 2014 No 33, Sch 3.14 [6]; 2016 No 65, Sch 1 [16]. |
Sec 104B | Ins 2006 No 2, Sch 5.5 [3]. |
Sec 104C | Ins 2013 No 35, Sch 1 [2]. Am 2016 No 55, Sch 2.7; 2020 No 30, Sch 4.29. |
Sec 104D | Ins 2013 No 35, Sch 1 [2]. |
Sec 105 | Am 2011 No 62, Sch 3.14 [1]. |
Sec 106 | Am 2006 No 120, Sch 3.12 [2]; 2016 No 65, Sch 1 [2]. |
Sec 107 | Am 2005 No 10, Sch 1 [55] [56]; 2016 No 65, Sch 1 [2] [3] [17]. |
Sec 109 | Am 1989 No 28, Sch 1 (3); 2005 No 10, Sch 1 [57] [58]; 2006 No 120, Sch 3.12 [3] [6]; 2015 No 7, Sch 2.21; 2016 No 65, Sch 1 [3]; 2022 No 14, Sch 4[9]. |
Sec 111 | Am 1988 No 42, Sch 1 (3); 1996 No 29, Sch 3 (13); 2005 No 10, Sch 1 [59] [60]; 2006 No 29, Sch 1 [3]; 2006 No 120, Sch 3.12 [2] [7]; 2013 No 35, Sch 1 [3]; 2016 No 61, Sch 7.2 [1]; 2016 No 65, Sch 1 [3]; 2022 No 14, Sch 4[10]–[12]; 2024 No 17, Sch 1[1] [2]. |
Sec 111A | Ins 1996 No 29, Sch 3 (14). Am 1996 No 108, Sch 2.2. |
Sec 111B | Ins 1996 No 29, Sch 3 (14). Subst 1998 No 133, Sch 3.4. |
Sec 111C | Ins 2005 No 10, Sch 1 [61]. Am 2006 No 58, Sch 1.16 [2]; 2016 No 65, Sch 1 [3]. |
Sec 111D | Ins 2005 No 10, Sch 1 [61]. Am 2006 No 58, Sch 1.16 [3]; 2010 No 84, Sch 2.5. Subst 2022 No 14, Sch 4[13]. |
Sec 111E | Ins 2010 No 119, Sch 1.17 [1]. Am 2024 No 17, Sch 1[3]–[6]. |
Sec 111F | Ins 2024 No 17, Sch 1[7]. |
Sec 112 | Am 1996 No 29, Sch 3 (15); 1997 No 60, Sch 4 [12]; 2005 No 10, Sch 1 [62]; 2008 No 123, Sch 1 [7]; 2016 No 61, Sch 7.2 [2]; 2016 No 65, Sch 1 [18]; 2022 No 14, Sch 4[11]; 2023 No 17, Sch 1[4]. |
Sec 113 | Am 2006 No 120, Sch 3.12 [2]; 2016 No 65, Sch 1 [3]. |
Sec 114 | Am 2016 No 61, Sch 7.2 [3]; 2022 No 14, Sch 4[11]; 2023 No 17, Sch 1[5]; 2024 No 47, Sch 2.4. |
Sec 114A | Ins 2013 No 14, Sch 1 [3]. Am 2022 No 14, Sch 4[14]. |
Sec 116 | Am 1996 No 29, Sch 3 (16); 2001 No 121, Sch 2.125 [6]; 2005 No 10, Sch 1 [63]; 2007 No 94, Sch 2; 2008 No 123, Sch 1 [8]; 2022 No 14, Sch 4[15]. |
Sec 117 | Am 2016 No 65, Sch 1 [2]. |
Sec 117A | Ins 1990 No 80, Sch 1 (11). |
Secs 118–121 | Rep 1999 No 85, Sch 4. |
Sec 122 | Ins 1988 No 42, Sch 1 (4). Am 2012 No 83, Sch 1. |
Sch 1 | Am 1988 No 42, Sch 1 (5); 1989 No 28, Sch 1 (4); 1999 No 94, sec 7 (3) and Sch 5, Part 3; 2009 No 49, Sch 2.29; 2010 No 119, Sch 1.17 [2]–[4]; 2012 No 66, Sch 5.6; 2012 No 95, Sch 1.9; 2014 No 33, Sch 3.14 [7]. Subst 2016 No 65, Sch 1 [19]. |
Sch 1A, heading | Am 2013 No 72, Sch 2 [3]. |
Sch 1A | Ins 2005 No 10, Sch 1 [64]. Am 2013 No 72, Sch 2 [4]; 2014 No 33, Sch 3.14 [8]; 2022 No 28, Sch 1[1]; 2023 No 17, Sch 1[6]. |
Sch 2 | Am 1989 No 28, Sch 1 (5); 1999 No 94, sec 7 (2) and Sch 5, Part 2. Rep 2006 No 29, Sch 1 [4]. |
Sch 3 | Am 1991 No 17, Sch 1; 2004 No 114, Sch 2.9 [2]; 2006 No 2, Sch 5.5 [4]–[8]; 2011 No 62, Sch 3.14 [1]; 2016 No 65, Sch 1 [3]; 2023 No 17, Sch 1[7]. |
Sch 4 | Ins 1990 No 80, Sch 1 (12). Am 1995 No 11, Sch 1; 1997 No 60, Sch 4 [13]–[16]; 2003 No 73, Sch 1 [9]; 2005 No 10, Sch 1 [65] [66]; 2006 No 2, Sch 5.5 [9] [10]; 2006 No 29, Sch 1 [5]; 2006 No 120, Sch 2.40; 2008 No 123, Sch 1 [9] [10]; 2009 No 95, Sch 1 [2] [3]; 2010 No 119, Sch 1.17 [5]; 2011 No 36, Sch 1 [13] [14]; 2013 No 35, Sch 1 [4] [5]; 2015 No 1, Sch 1; 2015 No 28, Sch 1 [16]; 2016 No 65, Sch 1 [20]; 2022 No 28, Sch 1[2]; 2023 No 17, Sch 1[8]. |
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