Independent Commissioner Against Corruption (Commission) Variation Regulations 2021 (SA)

South Australia

Independent Commissioner Against Corruption (Commission) Variation Regulations 2021

under the Independent Commission Against Corruption Act 2012

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Independent Commissioner Against Corruption Regulations 2013

4            Variation of regulation 1—Short title

5            Variation of regulation 3—Interpretation

6            Variation of heading to Part 3

7           Variation of regulation 6—Interpretation

8            Variation of regulation 7—Custody of property

9            Variation of regulation 8—Money

10          Variation of regulation 9—Investigation of ownership

11          Variation of regulation 10—Disposal of property

12          Variation of regulation 11—Perishable, unsafe, unlawful etc property

13          Variation of regulation 12—Unclaimed property

14          Variation of regulation 13—Effect, proceeds of sale

15          Variation of regulation 15—Return of unclaimed property, proceeds of sale

16          Variation of regulation 16—Commission may prepare instruments

17          Variation of regulation 16A—Deposit holders (section 29A of Act)

18          Revocation of regulation 16B

19          Variation of Schedule 1—Prescribed form

20          Insertion of Schedule 2

Schedule 2—Savings and transitional provisions (Schedule 1 clause 76 of Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021)

1            Application of laws to continuing complaints etc

Part 1—Preliminary

1—Short title

These regulations may be cited as the Independent Commissioner Against Corruption (Commission) Variation Regulations 2021.

2—Commencement

These regulations come into operation on the day on which the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Independent Commissioner Against Corruption Regulations 2013

4—Variation of regulation 1—Short title

Regulation 1—delete "Commissioner" and substitute:

Commission

5—Variation of regulation 3—Interpretation

Regulation 3, definition of Act—delete "Commissioner" and substitute:

Commission

6—Variation of heading to Part 3

Heading to Part 3—delete "Commissioner" and substitute:

Commission

7—Variation of regulation 6—Interpretation

Regulation 6—delete "Commissioner" wherever occurring (other than in paragraph (a) of the definition of unclaimed property) and substitute in each case:

Commission

8—Variation of regulation 7—Custody of property

Regulation 7(1) and (3)—delete "Commissioner" wherever occurring and substitute in each case:

Commission

9—Variation of regulation 8—Money

Regulation 8(1)—delete "Commissioner" wherever occurring and substitute in each case:

Commission

10—Variation of regulation 9—Investigation of ownership

Regulation 9—delete "Commissioner" wherever occurring and substitute in each case:

Commission

11—Variation of regulation 10—Disposal of property

Regulation 10—delete "Commissioner" wherever occurring and substitute in each case:

Commission

12—Variation of regulation 11—Perishable, unsafe, unlawful etc property

Regulation 11—delete "Commissioner" wherever occurring and substitute in each case:

Commission

13—Variation of regulation 12—Unclaimed property

Regulation 12—delete "Commissioner" wherever occurring and substitute in each case:

Commission

14—Variation of regulation 13—Effect, proceeds of sale

Regulation 13—delete "Commissioner" wherever occurring and substitute in each case:

Commission

15—Variation of regulation 15—Return of unclaimed property, proceeds of sale

Regulation 15(a) and (b)—delete "Commissioner" wherever occurring and substitute in each case:

Commission

16—Variation of regulation 16—Commission may prepare instruments

Regulation 16—delete "Commissioner" and substitute:

Commission

17—Variation of regulation 16A—Deposit holders (section 29A of Act)

Regulation 16AA(1)—delete "section 29A(4)(e)" and substitute:

paragraph (e) of the definition of deposit holder in section 29A(4)

18—Revocation of regulation 16B

Regulation 16B—delete the regulation

19—Variation of Schedule 1—Prescribed form

Schedule 1—delete "Commissioner" wherever occurring and substitute in each case:

Commission

20—Insertion of Schedule 2

After Schedule 1 insert:

Schedule 2—Savings and transitional provisions (Schedule 1 clause 76 of Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021)

1—Application of laws to continuing complaints etc

(1)The Act as in force before the commencement of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 continues to apply in relation to a complaint made on or before 25 August 2021 under any of the integrity Acts.

(2)In this section—

integrity Acts means each of the following:

(a)Judicial Conduct Commissioner Act 2015;

(b)Ombudsman Act 1972;

(c)Police Complaints and Discipline Act 2016.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Administrator

with the advice and consent of the Executive Council

on 7 October 2021

No 157 of 2021