Integrity Commission Amendment Act 2022 (ACT)

Integrity Commission Amendment Act 2022

A2022-17

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Confidentiality notices—contentNew section 80 (3)  2

5            Meaning of permitted disclosure of restricted information—pt 3.2Section 81, definition of permitted disclosure, new paragraph (ea)          2

6            New section 85A  3

7           Power to request information from head of public sector entitySection 89 (1)  3

8            Section 89 (2), new note  4

9            Section 89, new notes  4

10          New section 89A  4

11          Power to issue preliminary inquiry noticeSection 90 (1), new note  5

12          New section 90A  6

13          Preliminary inquiry notice—contentNew section 91 (2) (b) (va)  7

14          General powers on entry to premisesSection 120, new notes  7

15          Warrants—generallySection 122, new note  7

16          Search warrants—claiming privilegeSection 127 (4), note  7

17          New sections 130A and 130B  8

18          Power to issue examination summonsSection 147 (1), new notes  9

19          New section 147A  10

20          Examination summons—contentNew section 148 (3) (b) (xia)  11

21          New section 158A  11

22          Public sector entity may disclose information to commissionNew section 195 (2)  13

23          Dictionary, new definition of Assembly information  13

Integrity Commission Amendment Act 2022

A2022-17

An Act to amend the Integrity Commission Act 2018

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Integrity Commission Amendment Act 2022.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Integrity Commission Act 2018.

4. Confidentiality notices—content
   New section 80 (3)

   insert

   (3)Subsection (2) does not apply to the following permitted disclosures:

   (a)a disclosure mentioned in section 81 (ea);

   (b)a disclosure authorised or required under section 90A or section 147A.

5. Meaning of permitted disclosure of restricted information—pt 3.2
   Section 81, definition of permitted disclosure, new paragraph (ea)

   insert

   (ea)reasonably necessary for a claim of parliamentary privilege to be made or dealt with by the Legislative Assembly; or

6. New section 85A

   in part 3.3, insert

85AMeaning of Assembly information

In this Act, Assembly information—

(a)means information—

(i)created for and received by, or created by—

(A)a committee of the Legislative Assembly; or

(B)the Office of the Legislative Assembly; or

(C)a current or former member of the Legislative Assembly in the course of their parliamentary duties; or

(ii)otherwise created for and received by, or created by, the Legislative Assembly; and

(b)includes metadata about a record containing information mentioned in paragraph (a).

Examples—metadata about a record

·author

·content

·creation date

·location

1. Power to request information from head of public sector entity
   Section 89 (1)

   substitute

   (1)In carrying out a preliminary inquiry, the commission may ask—

   (a)the head of a public sector entity to give information (other than Assembly information) held by the entity to the commission; or

   (b)the Speaker to give Assembly information held by a public sector entity to the commission.

   (1A)The commission may only ask for information that the commission considers relevant to the preliminary inquiry.

   (1B)If the Speaker has been asked to give Assembly information relating to a current or former member of the Legislative Assembly, the Speaker must give a copy of the request to the member.

2. Section 89 (2), new note

   insert

   NoteThe head of a public sector entity other than the Speaker must not give Assembly information to the commission unless authorised by the Speaker (see s 89A).

3. Section 89, new notes

   after subsection (4), insert

   Note 1This Act does not affect the law relating to the privileges of the Legislative Assembly (see s 7).

   Note 2A claim of parliamentary privilege must be dealt with by the Legislative Assembly (see s 177).

4. New section 89A

   insert

89ADealing with request for Assembly information

(1)This section applies if the head of a public sector entity (other than the Speaker)—

(a)has been asked by the commission to give information under section 89; and

(b)considers that all or part of the information requested is Assembly information.

(2)The head of the public sector entity must—

(a)not give the commission the information; and

(b)give the Speaker a copy of the request; and

(c)tell the commission that they have taken the step mentioned in paragraph (b); and

(d)deal with the request in accordance with section 89, to the extent that it does not relate to Assembly information; and

(e)if the Speaker authorises the head to give the Assembly information to the commission—give the information to the commission.

(3)On being given a copy of the request, the Speaker must deal with the request, to the extent that it relates to Assembly information, in accordance with section 89.

Note 1This Act does not affect the law relating to the privileges of the Legislative Assembly (see s 7).

Note 2A claim of parliamentary privilege must be dealt with by the Legislative Assembly (see s 177).

1. Power to issue preliminary inquiry notice
   Section 90 (1), new note

   insert

   Note 2A person (other than a current or former member of the Legislative Assembly) must not produce a document or thing containing Assembly information to the commission unless authorised by the Speaker (see s 90A).

2. New section 90A

   insert

90ADealing with preliminary inquiry notice for Assembly information

(1)This section applies if a person (other than a current or former member of the Legislative Assembly)—

(a)has been issued a preliminary inquiry notice; and

(b)considers that the notice requires the production of a document or other thing containing Assembly information.

(2)The person must—

(a)not produce the document or thing to the commission; and

(b)give the Speaker a copy of the preliminary inquiry notice; and

(c)tell the commission that they have taken the step mentioned in paragraph (b); and

(d)comply with the preliminary inquiry notice, to the extent that it does not relate to Assembly information; and

(e)if the Speaker authorises the person to produce the document or thing to the commission—produce the document or thing to the commission.

Note 1This Act does not affect the law relating to the privileges of the Legislative Assembly (see s 7).

Note 2A claim of parliamentary privilege must be dealt with by the Legislative Assembly (see s 177).

1. Preliminary inquiry notice—content
   New section 91 (2) (b) (va)

   after the note, insert

   (va)that the person must deal with the preliminary inquiry notice in accordance with section 90A if—

   (A)the document or other thing required to be produced contains Assembly information; and

   (B)the person is not a current or former member of the Legislative Assembly;

2. General powers on entry to premises
   Section 120, new notes

   insert

   Note 2This Act does not affect the law relating to the privileges of the Legislative Assembly (see s 7).

   Note 3A claim of parliamentary privilege must be dealt with by the Legislative Assembly (see s 177).

3. Warrants—generally
   Section 122, new note

   insert

   NoteThis Act does not affect the law relating to the privileges of the Legislative Assembly (see s 7).

4. Search warrants—claiming privilege
   Section 127 (4), note

   substitute

   NoteFor the claim of parliamentary privilege relating to the execution of a search warrant, see s 130A.

5. New sections 130A and 130B

   in division 3.5.3, insert

130ASearch warrants—claiming parliamentary privilege

(1)This section applies if—

(a)an investigator executing a search warrant wishes to inspect, copy or seize a document or other thing under the search warrant; and

(b)a current or former member of the Legislative Assembly (the claimant) claims that the document or other thing is the subject of parliamentary privilege.

(2)The investigator must either—

(a)stop exercising the power under the search warrant in relation to the document or other thing; or

(b)require the claimant to immediately secure the document or other thing (by sealing in an envelope or otherwise) and give it to the investigator.

(3)In taking an action under subsection (2), the investigator must not inspect the document or other thing.

Note 1The Act does not affect the law relating to the privileges of the Legislative Assembly (see s 7).

Note 2A claim of parliamentary privilege must be dealt with by the Legislative Assembly (see s 177).

130BSearch warrants—investigator to give secured documents etc to clerk

(1)This section applies if the investigator requires the claimant to secure the document or other thing and give it to the investigator under section 130A (2) (b).

(2)The investigator must—

(a)notify the commissioner about the claim as soon as possible; and

(b)immediately give the secured document or other thing to the clerk of the Legislative Assembly to be held in safe custody.

(3)In this section:

clerk of the Legislative Assembly includes, if the clerk is unavailable, the deputy clerk of the Legislative Assembly.

unavailable—the clerk of the Legislative Assembly is unavailable if—

(a)the clerk is absent or suspended from duty; or

(b)there is a vacancy in the office of the clerk; or

(c)the clerk has an actual or perceived conflict of interest that would prevent the clerk from properly carrying out the functions of the clerk under this section; or

(d)the clerk cannot, for any other reason, exercise the functions of the clerk.

Note 1This Act does not affect the law relating to the privileges of the Legislative Assembly (see s 7).

Note 2A claim of parliamentary privilege must be dealt with by the Legislative Assembly (see s 177).

1. Power to issue examination summons
   Section 147 (1), new notes

   insert

   Note 1This Act does not affect the law relating to the privileges of the Legislative Assembly (see s 7).

   Note 2A claim of parliamentary privilege must be dealt with by the Legislative Assembly (see s 177).

2. New section 147A

   insert

147ADealing with examination summons for Assembly information

(1)This section applies if a person (other than a current or former member of the Legislative Assembly)—

(a)has been issued with an examination summons; and

(b)considers that the summons requires the giving of evidence, or the production of a document or other thing, containing Assembly information.

(2)The person must—

(a)not give the evidence, or produce the document or thing; and

(b)give the Speaker a copy of the examination summons; and

(c)tell the commission that they have taken the step mentioned in paragraph (b); and

(d)comply with the examination summons to the extent that it does not relate to Assembly information; and

(e)if the Speaker authorises the person to give the evidence, or produce the document or thing, to the commission—give the evidence, or produce the document or thing.

Note 1This Act does not affect the law relating to the privileges of the Legislative Assembly (see s 7).

Note 2A claim of parliamentary privilege must be dealt with by the Legislative Assembly (see s 177).

1. Examination summons—content
   New section 148 (3) (b) (xia)

   after the note, insert

   (xia)that the person must deal with the examination summons in accordance with section 147A if—

   (A)the evidence required to be given, or document or other thing required to be produced, contains Assembly information; and

   (B)the person is not a current or former member of the Legislative Assembly;

2. New section 158A

   insert

158AExamination—dealing with Assembly information discovered

(1)This section applies if—

(a)a person (other than a current or former member of the Legislative Assembly) appears before the commission under an examination summons; and

(b)the commission becomes aware, at any time during the examination, that the evidence given, or the document or other thing produced by the person, contains Assembly information.

(2)The commission must immediately—

(a)stop dealing with the evidence, or the document or other thing; and

(b)secure the following (the secured evidence) by sealing in an envelope or otherwise:

(i)any video recordings, transcripts or notes created of the evidence;

(ii)the document or other thing produced; and

(c)give the secured evidence to the clerk of the Legislative Assembly to be held in safe custody.

(3)In this section:

clerk of the Legislative Assembly includes, if the clerk is unavailable, the deputy clerk of the Legislative Assembly.

unavailable—the clerk of the Legislative Assembly is unavailable if—

(a)the clerk is absent or suspended from duty; or

(b)there is a vacancy in the office of the clerk; or

(c)the clerk has an actual or perceived conflict of interest that would prevent the clerk from properly carrying out the functions of the clerk under this section; or

(d)the clerk cannot, for any other reason, exercise the functions of the clerk.

Note 1This Act does not affect the law relating to the privileges of the Legislative Assembly (see s 7).

Note 2A claim of parliamentary privilege must be dealt with by the Legislative Assembly (see s 177).

1. Public sector entity may disclose information to commission
   New section 195 (2)

   insert

   (2)However, the head of a public sector entity must not disclose any Assembly information held by the public sector entity to the commission unless the Speaker has authorised the disclosure.

2. Dictionary, new definition of Assembly information

   insert

   Assembly information—see section 85A.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 9 June 2022.

2. Notification

   Notified under the Legislation Act on 28 October 2022.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Integrity Commission Amendment Bill 2022, which was passed by the Legislative Assembly on 13 October 2022.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2022