Independent Commissioner Against Corruption Variation Regulations 2015 (SA)

South Australia

Independent Commissioner Against Corruption Variation Regulations 2015

under the Independent Commissioner 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            Insertion of regulation 3A

3A          Declared law enforcement agency

5            Insertion of regulations 16A and 16B

16A         Deposit holders (section 29A of Act)

16B         Authorisation for disclosure of information (section 54 of Act)

6            Variation of regulation 17—Service (section 58 of Act)

7           Variation of regulation 19—Declared public officers, public authorities and responsible Ministers (Schedule 1 of Act)

Part 1—Preliminary

1—Short title

These regulations may be cited as the Independent Commissioner Against Corruption Variation Regulations 2015.

2—Commencement

These regulations come into operation on the day on which they are made.

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—Insertion of regulation 3A

After regulation 3 insert:

3A—Declared law enforcement agency

In accordance with paragraph (m) of the definition of law enforcement agency in section 4 of the Act, the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth is declared to be a law enforcement agency.

5—Insertion of regulations 16A and 16B

Before regulation 17 insert:

16A—Deposit holders (section 29A of Act)

(1)In accordance with section 29A(4)(e) of the Act, an institution that is a credit provider is declared to be a deposit holder.

(2)In this regulation—

credit provider means a credit provider within the meaning of the National Credit Code in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth.

16B—Authorisation for disclosure of information (section 54 of Act)

For the purposes of section 54(1)(ca) of the Act, the Commissioner may give an authorisation to a person to disclose information if the Commissioner has determined that the disclosure would be in the public interest.

6—Variation of regulation 17—Service (section 58 of Act)

Regulation 17—before subregulation (1) insert:

(a1)Without derogating from section 58(e) of the Act, a notice or other document required or authorised to be given to or served on a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth may be transmitted by email to an email address provided by the company or registered body for that purpose (in which case the notice or other document will be taken to have been given or served at the time of transmission).

7—Variation of regulation 19—Declared public officers, public authorities and responsible Ministers (Schedule 1 of Act)

Regulation 19, table—after the current contents of the table (relating to private certifiers) insert:

an authorised examiner appointed under paragraph (b) or (c) of the definition of authorised examiner in section 5(1) of the Motor Vehicles Act 1959 the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 the Minister responsible for the administration of the Motor Vehicles Act 1959

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 Governor

with the advice and consent of the Executive Council

on 15 October 2015

No 217 of 2015

AGO0086/15CS