Law Enforcement Integrity Commissioner Act 2006 (Cth)

Law Enforcement Integrity Commissioner Act 2006

No. 85, 2006

Compilation No. 26

Compilation date: 4 September 2021

Includes amendments up to: Act No. 98, 2021

Registered: 22 October 2021

About this compilation

This compilation

This is a compilation of the Law Enforcement Integrity Commissioner Act 2006 that shows the text of the law as amended and in force on 4 September 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to provide for the appointment of the Integrity Commissioner, to set out the functions and powers of the Integrity Commissioner, and for related purposes

Part 1Preliminary 1Short title

This Act may be cited as the Law Enforcement Integrity Commissioner Act 2006.

2Commencement

(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	30 June 2006
2. Sections 3 to 224	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.	30 December 2006

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2)
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Objects of this Act

(1)
The objects of this Act are:
1. (a)
  to facilitate:
  1. (i)
    the detection of corrupt conduct in law enforcement agencies; and
  2. (ii)
    the investigation of corruption issues that relate to law enforcement agencies; and
2. (b)
  to enable criminal offences to be prosecuted, and civil penalty proceedings to be brought, following those investigations; and
3. (c)
  to prevent corrupt conduct in law enforcement agencies; and
4. (d)
  to maintain and improve the integrity of staff members of law enforcement agencies.
(2)
To assist in achieving these objects, this Act establishes:
1. (a)
  the office of the Integrity Commissioner; and
2. (b)
  the Australian Commission for Law Enforcement Integrity.

4Application of Act

This Act applies both within and outside Australia and extends to every external Territory.

Part 2Interpretation 5Definitions

(1)
In this Act:
ACC means the Australian Crime Commission.
ACLEI: see Australian Commission for Law Enforcement Integrity.
ACLEI corruption issue has the meaning given by section 8.
AFP means the Australian Federal Police.
against: a confiscation proceeding is against a person if:
1. (a)
  for a proceeding under the Proceeds of Crime Act 2002—the person is a suspect (within the meaning of that Act) for the proceeding; or
2. (b)
  for a proceeding under a law of a State or Territory—the person is in a corresponding category for that law.
Agriculture Department means the Department administered by the Minister administering the Primary Industries Levies and Charges Collection Act 1991.
Anti‑Money Laundering Act means the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
Assistant Integrity Commissioner means an Assistant Integrity Commissioner appointed under section 185.
assisting officer, in relation to a warrant for a person’s arrest or a search warrant, means:
1. (a)
  a person who:
  1. (i)
    is an authorised officer or a member or special member of the AFP; and
  2. (ii)
    is assisting in executing the warrant; or
2. (b)
  a person who:
  1. (i)
    is not an authorised officer; and
  2. (ii)
    is not a member or special member of the AFP; and
  3. (ii)
    has been authorised by the authorised officer who is executing the warrant to assist in executing the warrant.
AUSTRAC has the same meaning as in the Anti‑Money Laundering Act.
Australian Border Force Commissioner has the same meaning as in the Australian Border Force Act 2015.
Australian Commission for Law Enforcement Integrity or ACLEI means the Australian Commission for Law Enforcement Integrity established by section 195.
Australian travel document has the same meaning as in the Australian Passports Act 2005.
authorised officer means:
1. (a)
  the Integrity Commissioner; or
2. (b)
  a person authorised under section 140.
charged: a person is charged with an offence if a process for prosecuting the person for the offence commences.
civil penalty proceeding means a proceeding for a civil penalty in relation to a contravention of a law of the Commonwealth or of a State or Territory.
civil penalty provision means a provision of a law of the Commonwealth or of a State or Territory in relation to a contravention of which a civil penalty may be imposed.
Commonwealth government agency means:
1. (a)
  a Department of the Commonwealth; or
2. (b)
  a body (whether incorporated or not) established for a public purpose by, or under, a law of the Commonwealth.
confiscation proceeding means a proceeding under:
1. (a)
  the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002; or
2. (b)
  a corresponding law within the meaning of either of those Acts;
but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law.
constable means:
1. (a)
  a member or special member of the AFP; or
2. (b)
  a member of the police force or police service of a State or Territory.
contravene a certificate issued under section 149 has the meaning given by subsection (4).
corrupt conduct: see engages in corrupt conduct.
corruption investigation means:
1. (a)
  an investigation of a corruption issue under this Act; or
2. (b)
  an investigation of an ACLEI corruption issue under this Act (including a special investigation).
corruption issue has the meaning given by section 7.
criminal proceeding means:
1. (a)
  a prosecution for an offence against a law of the Commonwealth or of a State or Territory; or
2. (b)
  a confiscation proceeding.
data has the same meaning as in Part IAA of the Crimes Act 1914.
data held in a computer has the same meaning as in Part IAA of the Crimes Act 1914.
data storage device has the same meaning as in Part IAA of the Crimes Act 1914.
derivative material means any evidence, information, document or thing obtained directly or indirectly from hearing material.
disciplinary proceeding:
1. (a)
  means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and
2. (b)
  includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979.
disclose, for hearing material or derivative material, includes:
1. (a)
  to make available; and
2. (b)
  to disclose copies, contents or descriptions of that material.
eligible seizable item means anything that:
1. (a)
  would present a danger to a person; or
2. (b)
  could be used to assist a person to escape from lawful custody.
employee of a government agency has a meaning affected by subsection (5).
engage in conduct means:
1. (a)
  do an act; or
2. (b)
  omit to do an act.
engages in corrupt conduct has the meaning given by section 6.
evidential material means:
1. (a)
  in relation to an investigation warrant—a thing that may be relevant to:
  1. (i)
    a corruption investigation; or
  2. (ii)
    a public inquiry; or
2. (b)
  in relation to an offence warrant—a thing relevant to an offence against a law of the Commonwealth.
Federal Court means the Federal Court of Australia.
former NCA means the National Crime Authority established under section 7 of the former NCA Act.
former NCA Act means the National Crime Authority Act 1984 (as in force at any time before the commencement of Schedule 1 to the Australian Crime Commission Establishment Act 2002).
frisk search has the same meaning as in Part IAA of the Crimes Act 1914.
government agency means:
1. (a)
  a Department of the Commonwealth or of a State or Territory; or
2. (b)
  a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.
head of a government agency means:
1. (a)
  if the agency is the AFP—the Commissioner (within the meaning of the Australian Federal Police Act 1979); or
2. (b)
  if the agency is the ACC—the CEO of the ACC (within the meaning of the Australian Crime Commission Act 2002); or
3. (ba)
  if the agency is the Immigration and Border Protection Department—the Secretary of that Department; or
4. (bb)
  if the agency is AUSTRAC—the AUSTRAC CEO (within the meaning of the Anti‑Money Laundering Act); or
5. (bd)
  if the agency is the Agriculture Department—the Secretary of the Agriculture Department;
6. (c)
  if the agency is a Commonwealth government agency that is prescribed for the purposes of paragraph (d) of the definition of law enforcement agency—the person holding the office in the agency that is prescribed by the regulations for the purposes of this definition; or
7. (d)
  if the agency is another Commonwealth government agency:
  1. (i)
    in the case of a Department of the Commonwealth—the Secretary of the Department; or
  2. (ii)
    in the case of a body established for a public purpose—the person holding, or performing the duties of, the principal office in respect of the body; or
8. (e)
  if the agency is a State or Territory government agency—the person holding, or performing the duties of, the principal office in respect of the agency.
hearing material has the meaning given by subsection 8A(1).
IGIS official means:
1. (a)
  the Inspector‑General of Intelligence and Security; or
2. (b)
  any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.
Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Border Force Act 2015.
imminent:
1. (a)
  a charge against a person is imminent if:
  1. (i)
    the person is a protected suspect; or
  2. (ii)
    the person is under arrest for an offence, but has not been charged with the offence; or
  3. (iii)
    a person with authority to commence a process for prosecuting the person for an offence has decided to commence, but not yet commenced, the process; or
2. (b)
  a confiscation proceeding against a person is imminent if a person with authority to commence the proceeding has decided to commence, but has not yet commenced, the proceeding.
Note: Subparagraph (a)(iii) applies, for example, if a person with authority to lay the charge has decided to lay, but not yet laid, the charge.
in contempt of ACLEI has the meaning given by section 96A.
integrity agency for a State or Territory means an agency that:
1. (a)
  is established by the law of the State or Territory for purposes that include the purpose of investigating corruption in the police force of the State or Territory; and
2. (b)
  is prescribed for the purposes of this definition.
Integrity Commissioner means the Integrity Commissioner appointed under section 175.
Inter‑Governmental Committee means the Inter‑Governmental Committee established by section 8 of the Australian Crime Commission Act 2002.
investigation warrant means a warrant to search for a thing that may be relevant to:
1. (a)
  a corruption investigation; or
2. (b)
  a public inquiry.
issuing officer means:
1. (a)
  for an investigation warrant:
  1. (i)
    a Judge of the Federal Court of Australia sitting in Chambers; or
  2. (ia)
    a Judge of the Federal Circuit and Family Court of Australia (Division 2) sitting in Chambers; or
  3. (ii)
    a Judge of a court of a State or Territory; or
2. (b)
  for an offence warrant—a magistrate.
law enforcement agency means:
1. (a)
  the AFP; or
2. (b)
  the ACC; or
3. (ba)
  the Immigration and Border Protection Department; or
4. (bb)
  AUSTRAC; or
5. (bd)
  the Agriculture Department; or
6. (c)
  the former NCA; or
7. (d)
  any other Commonwealth government agency that:
  1. (i)
    has a law enforcement function; and
  2. (ii)
    is prescribed by the regulations for the purposes of this paragraph.
law enforcement function means any of the following functions:
1. (a)
  investigating whether:
  1. (i)
    an offence has been committed against a law of the Commonwealth; or
  2. (ii)
    there has been a contravention of a law of the Commonwealth in relation to which civil penalty proceedings may be brought;
2. (b)
  preparing the material necessary to prosecute a person for an offence against a law of the Commonwealth;
3. (c)
  preparing the material necessary to bring civil penalty proceedings against a person for a contravention of a law of the Commonwealth;
4. (d)
  collecting, maintaining, correlating, analysing, accessing or distributing information for the purpose of assisting the enforcement of laws of the Commonwealth;
5. (e)
  assisting in carrying out a function referred to in paragraphs (a) to (d).
law enforcement secrecy provision means:
1. (a)
  Part 11 of the Anti‑Money Laundering Act; or
2. (b)
  sections 45 and 45B of the Surveillance Devices Act 2004; or
3. (c)
  sections 63 and 133 of the Telecommunications (Interception and Access) Act 1979 and clause 152 of Schedule 1 to that Act; or
4. (d)
  anything done under a provision referred to in paragraphs (a) to (c).
legal aid officer means:
1. (a)
  a member, or member of staff, of an authority established by or under a law of a State or Territory for purposes that include providing legal assistance; or
2. (b)
  a person to whom the Attorney‑General has delegated his or her powers and functions under section 103.
legal practitioner means a barrister, a solicitor, a barrister and solicitor or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory.
magistrate means a magistrate who is remunerated by salary or otherwise, and includes a Judge, or acting Judge, of the Local Court of the Northern Territory.
manage an investigation of a corruption issue by a law enforcement agency has the meaning given by section 61.
nominated contact of a law enforcement agency for an investigation of a corruption issue means:
1. (a)
  a staff member of the agency nominated under section 60 as the nominated contact for the investigation; or
2. (b)
  if a staff member is not nominated—the head of the agency.
occupier of premises means the person apparently in charge of the premises.
offence warrant means a warrant to search for a thing relevant to an offence against a law of the Commonwealth.
official matter means any of the following (whether past, present or contingent):
1. (a)
  a corruption investigation;
2. (b)
  a hearing held by the Integrity Commissioner or a special investigator in relation to a corruption investigation;
3. (c)
  court proceedings.
ordinary search means a search of a person or of articles in the possession of a person that may include:
1. (a)
  requiring the person to remove his or her overcoat, coat or jacket or any gloves, shoes or hat; and
2. (b)
  an examination of those items.
oversee an investigation of a corruption issue by a law enforcement agency has the meaning given by section 62.
post‑charge:
1. (a)
  a use or disclosure of hearing material or derivative material is a post‑charge use or disclosure if the use or disclosure happens at a time when:
  1. (i)
    the witness has been charged with a related offence and that charge is still to be resolved; or
  2. (ii)
    such a charge is imminent; or
2. (b)
  material is post‑charge hearing material if the material becomes hearing material at a time when:
  1. (i)
    the witness has been charged with a related offence and that charge is still to be resolved; or
  2. (ii)
    such a charge is imminent; or
3. (c)
  a hearing is a post‑charge hearing if the hearing commences at a time when:
  1. (i)
    the witness has been charged with a related offence and that charge is still to be resolved; or
  2. (ii)
    such a charge is imminent; or
4. (d)
  a summons is a post‑charge summons if the summons is issued to a person at a time when:
  1. (i)
    the person has been charged with a related offence and that charge is still to be resolved; or
  2. (ii)
    such a charge is imminent.
post‑confiscation application:
1. (a)
  a use or disclosure of hearing material or derivative material is a post‑confiscation application use or disclosure if the use or disclosure happens at a time when:
  1. (i)
    a related confiscation proceeding has commenced against the witness and that proceeding is still to be resolved; or
  2. (ii)
    such a proceeding is imminent; or
2. (b)
  material is post‑confiscation application hearing material if the material becomes hearing material at a time when:
  1. (i)
    a related confiscation proceeding has commenced against the witness and that proceeding is still to be resolved; or
  2. (ii)
    such a proceeding is imminent; or
3. (c)
  a hearing is a post‑confiscation application hearing if the hearing commences at a time when:
  1. (i)
    a related confiscation proceeding has commenced against the witness and that proceeding is still to be resolved; or
  2. (ii)
    such a proceeding is imminent; or
4. (d)
  a summons is a post‑confiscation application summons if the summons is issued to a person at a time when:
  1. (i)
    a related confiscation proceeding has commenced against the person and that proceeding is still to be resolved; or
  2. (ii)
    such a proceeding is imminent.
pre‑charge:
1. (a)
  a use or disclosure of hearing material or derivative material is a pre‑charge use or disclosure if the use or disclosure happens at a time when:
  1. (i)
    the witness has not been charged with a related offence, and such a charge is not imminent; or
  2. (ii)
    all such charges have been resolved; or
2. (b)
  material is pre‑charge hearing material if the material becomes hearing material at a time when:
  1. (i)
    the witness has not been charged with a related offence, and such a charge is not imminent; or
  2. (ii)
    all such charges have been resolved; or
3. (c)
  a hearing is a pre‑charge hearing if the hearing commences at a time when:
  1. (i)
    the witness has not been charged with a related offence, and such a charge is not imminent; or
  2. (ii)
    all such charges have been resolved.
pre‑confiscation application:
1. (a)
  a use or disclosure of hearing material or derivative material is a pre‑confiscation application use or disclosure if the use or disclosure happens at a time when:
  1. (i)
    a related confiscation proceeding has not commenced against the witness, and such a proceeding is not imminent; or
  2. (ii)
    all such proceedings have been resolved; or
2. (b)
  material is pre‑confiscation application hearing material if the material becomes hearing material at a time when:
  1. (i)
    a related confiscation proceeding has not commenced against the witness, and such a proceeding is not imminent; or
  2. (ii)
    all such proceedings have been resolved; or
3. (c)
  a hearing is a pre‑confiscation application hearing if the hearing commences at a time when:
  1. (i)
    a related confiscation proceeding has not commenced against the witness, and such a proceeding is not imminent; or
  2. (ii)
    all such proceedings have been resolved.
premises includes a place, vehicle, vessel and aircraft.
proceeds of crime authority means:
1. (a)
  a proceeds of crime authority within the meaning of the Proceeds of Crime Act 2002; or

1. (b)
  an authority of a State or Territory responsible for conducting a confiscation proceeding under a corresponding law (within the meaning of the Proceeds of Crime Act 2002).
prosecuting authority means an individual, or authority, authorised by or under a law of the Commonwealth or of a State or Territory to prosecute an offence.
prosecutor, of a witness, means an individual:
1. (a)
  who is a prosecuting authority or is employed or engaged by a prosecuting authority; and
2. (b)
  who:
  1. (i)
    makes, or is involved in the making of, a decision whether to prosecute the witness for a related offence; or
  2. (ii)
    is one of the individuals engaging in such a prosecution of the witness.
protected suspect means:
1. (a)
  a protected suspect (within the meaning of Part IC of the Crimes Act 1914); or
2. (b)
  a person who would be covered by paragraph (a) if the definition of Commonwealth offence in section 23B of that Act included any offence against a law of a State or Territory.
public inquiry means a public inquiry conducted by the Integrity Commissioner under Part 8.
refer, in relation to an allegation or information, has the meaning given by subsections (2) and (3).
related confiscation proceeding means:
1. (a)
  for hearing material, derivative material or a witness—a confiscation proceeding if the subject matter of the relevant hearing relates to the subject matter of the proceeding; or
2. (b)
  for a summons—a confiscation proceeding if the subject matter of the summons relates to the subject matter of the proceeding.
related offence means:
1. (a)
  for hearing material, derivative material or a witness—an offence if the subject matter of the relevant hearing relates to the subject matter of the offence; or
2. (b)
  for a summons—an offence if the subject matter of the summons relates to the subject matter of the offence.
resolved has the meaning given by section 8B.
responsible Minister for a Commonwealth government agency means:
1. (a)
  if the agency is established or continued in existence by an Act—the Minister administering that Act; or
2. (b)
  in any other case—the Minister having general responsibility for the activities of the agency.
search warrant means an investigation warrant, or an offence warrant, that is issued under section 109:
1. (a)
  to search premises; or
2. (b)
  to carry out an ordinary search, or frisk search, of a person.
secondee:
1. (a)
  in relation to a law enforcement agency—has the meaning given by subsection 10(5); and
2. (b)
  in relation to ACLEI—has the meaning given by subsection 11(2).
secrecy provision means:
1. (a)
  a provision of a law of the Commonwealth that purports to prohibit; or
2. (b)
  anything done, under a provision of a law of the Commonwealth, to prohibit;
the communication, divulging or publication of information, the production of, or the publication of the contents of, a document, or the production of a thing.
section 149 certified information means:
1. (a)
  information about a matter specified in a certificate in force under section 149; or
2. (b)
  information contained in a document specified in a certificate in force under section 149.
sensitive information means information the disclosure of which:
1. (a)
  could prejudice:
  1. (i)
    the security, defence or international relations of Australia; or
  2. (ii)
    relations between the Commonwealth Government and the Government of a State or between the Government of a State and the Government of another State; or
2. (b)
  would involve disclosing:
  1. (i)
    deliberations or decisions of the Cabinet, or of a Committee of the Cabinet, of the Commonwealth or of a State; or
  2. (ii)
    deliberations or advice of the Federal Executive Council or the Executive Council of a State or the Northern Territory; or
  3. (iii)
    deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive; or
3. (c)
  could reveal, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to:
  1. (i)
    the enforcement of the criminal law of the Commonwealth, a State or Territory or a foreign country; or
  2. (ii)
    a corruption investigation; or
  3. (iii)
    a public inquiry under this Act; or
4. (d)
  could endanger a person’s life or physical safety; or
5. (e)
  could prejudice the protection of public safety; or
6. (f)
  could prejudice the fair trial of a person or the impartial adjudication of a matter; or
7. (g)
  could prejudice the proper enforcement of the law (including through corruption investigations); or
8. (h)
  would involve disclosing information whose disclosure is prohibited (absolutely or subject to qualifications) by or under another law of the Commonwealth; or
9. (i)
  would involve unreasonably disclosing a person’s personal affairs; or
10. (j)
  would involve unreasonably disclosing confidential commercial information.
serious corruption means corrupt conduct engaged in by a staff member of a law enforcement agency that could result in the staff member being charged with an offence punishable, on conviction, by a term of imprisonment for 12 months or more.
significant corruption issue means:
1. (a)
  a corruption issue relating to serious corruption or systemic corruption, unless the corruption issue relates to a law enforcement agency for which an agreement under subsection 17(1) is in force; or
2. (b)
  a corruption issue that:
  1. (i)
    relates to a law enforcement agency; and
  2. (ii)
    is of a kind agreed under subsection 17(1) to be a significant corruption issue in relation to staff members of the agency; or
3. (c)
  a corruption issue of a kind that is prescribed by the regulations for the purposes of this paragraph.
special investigation means a special investigation of an ACLEI corruption issue conducted under Division 4 of Part 12.
special investigator means a person conducting a special investigation.
staff member:
1. (a)
  in relation to a law enforcement agency—has the meaning given by subsections 10(1) to (5); and
2. (b)
  in relation to ACLEI—has the meaning given by subsection 11(1).
State or Territory government agency means:
1. (a)
  a Department of a State or Territory; or
2. (b)
  a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.
strip search has the same meaning as in Part IAA of the Crimes Act 1914.
systemic corruption means instances of corrupt conduct (which may or may not constitute serious corruption) that reveal a pattern of corrupt conduct in a law enforcement agency or in law enforcement agencies.
taxation secrecy provision means a secrecy provision that is a provision of a taxation law within the meaning of the Taxation Administration Act 1953.
thing relevant to an indictable offence has the same meaning as in the Crimes Act 1914.
use, for hearing material or derivative material, includes use of copies, contents or descriptions of that material.
witness, for a hearing under Part 9, hearing material or derivative material, has the meaning given by subsection 8A(3).
(2)
A reference in this Act to a person referring an allegation includes a reference to the person making the allegation.
(3)
A reference in this Act to a person referring information includes a reference to the person giving information.
(4)
For the purposes of this Act, a disclosure contravenes a certificate issued under section 149 if the disclosure would be contrary to the public interest according to the terms of the certificate.
(5)
A reference in this Act to a person being an employee of a government agency includes a reference to a person being a member of a police force of a State or Territory.

6Meaning of engages in corrupt conduct

Staff members of law enforcement agencies
(1)
For the purpose of this Act, a staff member of a law enforcement agency engages in corrupt conduct if the staff member, while a staff member of the agency, engages in:
(a)
conduct that involves, or that is engaged in for the purpose of, the staff member abusing his or her office as a staff member of the agency; or
(b)
conduct that perverts, or that is engaged in for the purpose of perverting, the course of justice; or
(c)
conduct that, having regard to the duties and powers of the staff member as a staff member of the agency, involves, or is engaged in for the purpose of, corruption of any other kind.
(2)
If the law enforcement agency is one referred to in paragraph (d) of the definition of law enforcement agency, the staff member engages in corrupt conduct only if the conduct relates to the performance of a law enforcement function of the agency.
Staff members of ACLEI
(3)
For the purpose of this Act, a staff member of ACLEI engages in corrupt conduct if the staff member, while a staff member of ACLEI, engages in:
(a)
conduct that involves, or that is engaged in for the purpose of, the staff member abusing his or her office as a staff member of ACLEI; or
(b)
conduct that perverts, or that is engaged in for the purpose of perverting, the course of justice; or
(c)
conduct that, having regard to the duties and powers of the staff member as a staff member of ACLEI, involves, or is engaged in for the purpose of, corruption of any other kind.
General provisions
(4)
To avoid doubt:
(a)
the conduct referred to in subsection (1) may be conduct that was engaged in before the commencement of this Act; and
(b)
a staff member of a law enforcement agency or ACLEI engages in corrupt conduct even if the conduct engaged in by the staff member also involves or implicates someone who is not a staff member of a law enforcement agency or ACLEI.
(5)
For the purposes of this section, conduct is taken to be engaged in for a purpose if it is engaged in for purposes that include that purpose.

7Meaning of corruption issue

(1)
For the purposes of this Act, a corruption issue is an issue whether a person who is, or has been, a staff member of a law enforcement agency:
1. (a)
  has, or may have, engaged in corrupt conduct; or
2. (b)
  is, or may be, engaging in corrupt conduct; or
3. (c)
  will, or may at any time in the future, engage in corrupt conduct.
(2)
To avoid doubt, an allegation, or information, may raise a corruption issue even if the identity of the person is unknown, is uncertain or is not disclosed in the allegation or information.

8Meaning of ACLEI corruption issue

(1)
For the purposes of this Act, an ACLEI corruption issue is an issue whether a person who is, or has been, a staff member of ACLEI:
1. (a)
  has, or may have, engaged in corrupt conduct; or
2. (b)
  is, or may be, engaging in corrupt conduct; or
3. (c)
  will, or may at any time in the future, engage in corrupt conduct.
(2)
To avoid doubt, an allegation, or information, may raise an ACLEI corruption issue even if the identity of the person is unknown, is uncertain or is not disclosed in the allegation or information.

8AMeaning of hearing material and witness

(1)
Hearing material is:
1. (a)
  particular evidence given by a person at a hearing under Part 9; or
2. (b)
  a document or thing produced by a person to the Integrity Commissioner at a hearing under Part 9; or
3. (c)
  particular information that might enable a person, who has given evidence at a hearing under Part 9, to be identified; or
4. (d)
  the fact that a particular person has given or may be about to give evidence at a hearing under Part 9.
(2)
To avoid doubt, information, a document or a thing is not covered by paragraph (1)(a) or (b) to the extent that it is obtained otherwise than at a hearing.
Example: Before a document is produced at a hearing, a law enforcement agency obtains a copy of the document when executing a search warrant. The copy obtained under the warrant is not hearing material.
(3)
The witness is:
1. (a)
  for the hearing or hearing material—the person referred to in paragraph (1)(a), (b), (c) or (d); or
2. (b)
  for derivative material—the person who is the witness for the hearing material from which the derivative material was obtained.

8BResolved

(1)
A charge for an offence is resolved in relation to a person at the later of the following times:
1. (a)
  when:
  1. (i)
    the charge is withdrawn; or
  2. (ii)
    the charge is dismissed; or
  3. (iii)
    the person is not committed on the charge following a committal hearing; or
  4. (iv)
    the person is acquitted of the offence; or
  5. (v)
    the person is sentenced for the offence; or
  6. (vi)
    the person is dealt with by being the subject of an order made as a consequence of a finding of guilt; or
  7. (vii)
    the charge is otherwise finally dealt with;
2. (b)
  if an appeal relating to the charge is not lodged within the period for lodging such an appeal—when that period ends;
3. (c)
  if an appeal relating to the charge is lodged—when the appeal lapses or is finally determined.
Despite paragraph (b), if an appeal relating to the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined.
(2)
A confiscation proceeding is resolved in relation to a person at the later of the following times:
1. (a)
  when the proceeding is discontinued;
2. (b)
  if an appeal relating to the proceeding is not lodged within the period for lodging such an appeal—when that period ends;
3. (c)
  if an appeal relating to the proceeding is lodged—when the appeal lapses or is finally determined.
Despite paragraph (b), if an appeal relating to the proceeding is lodged after that period ends, the proceeding ceases to be resolved until that appeal lapses or is finally determined.

9Corruption issue that relates to a law enforcement agency

For the purposes of this Act, a corruption issue relates to a law enforcement agency if the corruption issue relates to corrupt conduct of a person as a staff member of the agency.

10Staff members of law enforcement agencies

AFP staff members
(1)
The following are staff members of the AFP for the purposes of this Act:
(a)
the Commissioner (within the meaning of the Australian Federal Police Act 1979);
(b)
an AFP appointee (within the meaning of that Act).
ACC staff members
(2)
The following are staff members of the ACC for the purposes of this Act:
(a)
the CEO of the ACC (within the meaning of the Australian Crime Commission Act 2002);
(b)
a person appointed under subsection 46B(1) of that Act;
(c)
a member of the staff referred to in subsection 47(1) of that Act;
(d)
a person engaged under subsection 48(1) of that Act;
(e)
a person referred to in section 49 of that Act whose services are made available to the ACC;
(f)
a legal practitioner appointed under section 50 of that Act to assist the ACC as counsel.
Immigration and Border Protection Department staff members
(2A)
The following are staff members of the Immigration and Border Protection Department for the purposes of this Act:
(a)
the Secretary of the Immigration and Border Protection Department;
(b)
the Australian Border Force Commissioner (including in his or her capacity as the Comptroller‑General of Customs);
(c)
an APS employee in the Immigration and Border Protection Department;
(d)
a person covered by paragraph (d), (e) or (f) of the definition of officer of Customs in subsection 4(1) of the Customs Act 1901;
(e)
a person covered by paragraph (f) or (g) of the definition of officer in subsection 5(1) of the Migration Act 1958.
AUSTRAC staff members
(2B)
The following are staff members of AUSTRAC for the purposes of this Act:
(a)
the AUSTRAC CEO (within the meaning of the Anti‑Money Laundering Act);
(b)
a member of the staff referred to in subsection 224(1) of that Act;
(c)
a consultant engaged under subsection 225(1) of that Act;
(d)
a person referred to in subsection 225(3) of that Act whose services are made available to the AUSTRAC CEO.
Financial Transaction Reports Act AUSTRAC staff members
(2C)
The following are also staff members of AUSTRAC for the purposes of this Act:
(a)
the Director of AUSTRAC under the Financial Transaction Reports Act 1988, as in force before section 3 of the Anti‑Money Laundering Act commenced;
(b)
a member of the staff referred to in section 40 of the Financial Transaction Reports Act 1988 as so in force;
(c)
a consultant engaged under section 40A of the Financial Transaction Reports Act 1988 as so in force;
(d)
an officer or employee of another government agency whose services were made available to the Director of AUSTRAC while the Financial Transaction Reports Act 1988 was so in force, in connection with the performance of any of the Director’s functions.
Note: Section 3 of the Anti‑Money Laundering Act commenced on 13 December 2006.
Agriculture Department staff members
(2E)
The following are staff members of the Agriculture Department for the purposes of this Act:
(a)
the Secretary of the Agriculture Department;
(b)
a person in a class of persons prescribed by regulation for the purposes of this subsection.
Former NCA staff members
(3)
The following are staff members of the former NCA for the purposes of this Act:
(a)
a member of the former NCA;
(b)
a member of the staff of the former NCA referred to in subsection 47(1) of the former NCA Act;
(c)
a person engaged under subsection 48(1) of the former NCA Act;
(d)
a person referred to in section 49 of the former NCA Act whose services were made available to the former NCA;
(e)
a legal practitioner appointed under section 50 of the former NCA Act to assist the former NCA as counsel.
Staff members of prescribed law enforcement agencies
(4)
For the purposes of this Act, the staff members of a Commonwealth government agency that is prescribed for the purposes of paragraph (d) of the definition of law enforcement agency are the persons in the class of persons prescribed by the regulations for the purposes of this subsection.
Secondees
(5)
For the purposes of this Act:
(a)
a person is a secondee to the AFP if the person is referred to in paragraph (g) of the definition of AFP appointee in section 4 of the Australian Federal Police Act 1979; and
(aa)
a person is a secondee to the AFP if the person:
(i)
is referred to in paragraph (c) or (d) of the definition of AFP appointee in section 4 of the Australian Federal Police Act 1979; and
(ii)
is also an employee of another government agency; and
(b)
a person referred to in paragraph (2)(e) is a secondee to the ACC; and
(ba)
a person referred to in paragraph (2A)(d) or (e) is a secondee to the Immigration and Border Protection Department; and
(bb)
a person referred to in paragraph (2B)(d) or (2C)(d) is a secondee to AUSTRAC; and
(bd)
a person is a secondee to the Agriculture Department if a regulation provides that the person is a secondee of the Agriculture Department; and
(c)
a person referred to in paragraph (3)(d) is a secondee to the former NCA; and
(d)
a person is a secondee to a Commonwealth agency that is prescribed for the purposes of paragraph (d) of the definition of law enforcement agency if the regulations provide that the person is a secondee of that agency.

11Staff members of ACLEI

(1)
The following are staff members of ACLEI for the purposes of this Act:
1. (a)
  the Integrity Commissioner;
2. (b)
  an Assistant Integrity Commissioner;
3. (c)
  a member of the staff referred to in section 197;
4. (d)
  a person engaged under section 198;
5. (e)
  a person referred to in section 199 whose services are made available to the Integrity Commissioner;
6. (f)
  a legal practitioner appointed under section 200 to assist the Integrity Commissioner as counsel.
(2)
For the purposes of this Act, a person referred to in paragraph (1)(e) is a secondee to ACLEI.

12Applying Act to staff members of former NCA

(1)
For the purposes of this Act, a person who was a staff member of the former NCA is taken to have been a staff member of the ACC.
(2)
Subsection (1) does not apply for the purposes of section 6.

13State offences that have a federal aspect

Object
(1)
The object of this section is to identify State offences that have a federal aspect because:
(a)
they potentially fall within Commonwealth legislative power because of the elements of the State offence; or
(b)
they potentially fall within Commonwealth legislative power because of the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be acts or omissions involved in committing the offence); or
(c)
the investigation of them is incidental to a corruption investigation that involves, or may involve, an offence against a law of the Commonwealth or a Territory.
State offences that have a federal aspect
(2)
For the purposes of this Act, a State offence has a federal aspect if, and only if:
(a)
both:
(i)
the State offence is not an ancillary offence; and
(ii)
assuming that the provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or

(b)
both:
(i)
the State offence is an ancillary offence that relates to a particular primary offence; and
(ii)
assuming that the provision creating the primary offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or
(c)
assuming that the Parliament of the Commonwealth had enacted a provision that created an offence penalising the specific acts or omissions involved in committing the State offence—that provision would have been a valid law of the Commonwealth; or
(d)
both:
(i)
the Integrity Commissioner is investigating a corruption issue that involves, or may involve, an offence against a law of the Commonwealth or a Territory; and
(ii)
if the Integrity Commissioner is investigating, or were to investigate, a corruption issue that involves, or may involve, the State offence—that investigation is, or would be, incidental to the investigation referred to in subparagraph (i).
Specificity of acts or omissions
(3)
For the purposes of paragraph (2)(c), the specificity of the acts or omissions involved in committing a State offence is to be determined having regard to the circumstances in which the offence was committed (whether or not those circumstances are expressed to be elements of the offence).
State offences covered by paragraph (2)(c)
(4)
A State offence is taken to be covered by paragraph (2)(c) if the conduct constituting the State offence:
(a)
affects the interests of:
(i)
the Commonwealth; or
(ii)
an authority of the Commonwealth; or
(iii)
a constitutional corporation; or
(b)
was engaged in by a constitutional corporation; or
(c)
was engaged in in a Commonwealth place; or
(d)
involved the use of a postal service or other like service; or
(e)
involved an electronic communication; or
(f)
involved trade or commerce:
(i)
between Australia and places outside Australia; or
(ii)
among the States; or
(iii)
within a Territory, between a State and a Territory or between 2 Territories; or
(g)
involved:
(i)
banking (other than State banking not extending beyond the limits of the State concerned); or
(ii)
insurance (other than State insurance not extending beyond the limits of the State concerned); or
(h)
relates to a matter outside Australia; or
(i)
relates to a matter in respect of which an international agreement to which Australia is a party imposes obligations to which effect could be given by the creation of an offence against the domestic laws of the parties to the agreement; or
(j)
relates to a matter that affects the relations between Australia and another country or countries or is otherwise a subject of international concern.
(5)
Subsection (4) does not limit paragraph (2)(c).
Definitions
(6)
In this section:
ancillary offence, in relation to an offence (the primary offence), means:
(a)
an offence of conspiring to commit the primary offence; or
(b)
an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the primary offence; or
(c)
an offence of attempting to commit the primary offence.
Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.
conduct has the same meaning as in the Criminal Code.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
electronic communication means a communication of information:
(a)
whether in the form of text; or
(b)
whether in the form of data; or
(c)
whether in the form of speech, music or other sounds; or
(d)
whether in the form of visual images (animated or otherwise); or
(e)
whether in any other form; or
(f)
whether in any combination of forms;
by means of guided and/or unguided electromagnetic energy.
engage in conduct has the same meaning as in the Criminal Code.
State includes the Australian Capital Territory and the Northern Territory.
State offence means an offence against a law of a State.

Part 3The Integrity Commissioner 14Integrity Commissioner

There is to be an Integrity Commissioner.
Note: For provisions in relation to the Integrity Commissioner’s appointment, see Division 1 of Part 13.

15Functions of the Integrity Commissioner

The Integrity Commissioner has the following functions:
(aa)
to detect corrupt conduct in law enforcement agencies;
(a)
to investigate and report on corruption issues;
(b)
to refer corruption issues, in appropriate circumstances, to a law enforcement agency for investigation;
(c)
to manage, oversee or review, in appropriate circumstances, the investigation of corruption issues by law enforcement agencies;
(d)
at the request of the Minister, to conduct public inquiries into:
(i)
corruption issues; or
(ii)
corruption generally in, or the integrity of staff members of, law enforcement agencies;
(da)
to prevent corrupt conduct in law enforcement agencies;
(e)
to collect, correlate, analyse and disseminate information and intelligence in relation to corruption generally in, or the integrity of staff members of, both:
(i)
law enforcement agencies; and
(ii)
other Commonwealth government agencies that have law enforcement functions;
(f)
on the Integrity Commissioner’s own initiative, or on request by the Minister, to make reports and recommendations to the Minister in relation to any matter that concerns the need for or the desirability of legislative or administrative action on issues in relation to corruption generally in, or the integrity of staff members of, law enforcement agencies;
(g)
any other function conferred on the Integrity Commissioner by other provisions of this Act or by another Act.
Note: Paragraph (a)—the investigation of a corruption issue may be conducted in response to a referral or notification of the corruption issue to the Integrity Commissioner or on the Integrity Commissioner’s own initiative.

16Integrity Commissioner to give priority to serious corruption and systemic corruption

In carrying out the Integrity Commissioner’s functions, the Integrity Commissioner must give priority to corruption issues that relate to corrupt conduct that constitutes serious corruption or systemic corruption.

17Integrity Commissioner may enter into agreement with head of law enforcement agency

(1)
The Integrity Commissioner may enter into a written agreement with the head of a law enforcement agency in relation to all or any of the following matters:
1. (a)
  the kinds of issues that are significant corruption issues in relation to staff members of the agency;
2. (b)
  the level of detail required to notify the Integrity Commissioner of a corruption issue;
3. (c)
  the way in which information or documents in relation to a corruption issue may be given to the Integrity Commissioner (whether for the purpose of notifying the Integrity Commissioner or allowing the Integrity Commissioner to manage, oversee or review an investigation or otherwise);
4. (d)
  the level of detail required in the final report given to the Integrity Commissioner on the law enforcement agency’s investigation of a corruption issue.
(2)
The Integrity Commissioner may revoke the agreement by written notice given to the head of the agency. The revocation takes effect on a day specified in the notice, which must be at least 14 days after the day it is given.
(3)
Without limiting subsection (1), the agreement may set out how it may be varied and other ways how it may be revoked.

Part 4Dealing with corruption issuesDivision 1Referring corruption issues to Integrity Commissioner18Referral of corruption issues by Minister

The Minister may refer to the Integrity Commissioner an allegation, or information, that raises a corruption issue.

19Notification of corruption issues by law enforcement agency heads

(1)
As soon as practicable after the head of a law enforcement agency becomes aware of an allegation, or information, that raises a corruption issue that relates to the agency, the head of the agency must:
1. (a)
  notify the Integrity Commissioner in writing of the corruption issue (including a description of the corruption issue and the allegation or information giving rise to the corruption issue); and
2. (b)
  indicate whether the corruption issue is a significant corruption issue.
(2)
The head of the agency does not need to take action under subsection (1), however, if the head of the agency:
1. (a)
  has already notified the Integrity Commissioner of the corruption issue under subsection (1); or
2. (b)
  has reasonable grounds to believe that the Integrity Commissioner is already aware of the allegation or the information.
(3)
The action taken under subsection (1) must be taken in accordance with any agreement entered into under section 17 between the head of the agency and the Integrity Commissioner.
(4)
With the agreement of the Integrity Commissioner, the head of the agency may:
1. (a)
  notify the Integrity Commissioner under subsection (1) of a corruption issue; and
2. (b)
  indicate whether the corruption issue is a significant corruption issue;
by entering the required details on a database.
(5)
This section applies to a corruption issue that relates to a staff member of the former NCA as if the staff member were a staff member of the ACC.

20Notification of corruption issue identified as significant corruption issue

(1)
If the head of a law enforcement agency notifies the Integrity Commissioner of a corruption issue and indicates that it is a significant corruption issue, the head of the agency must:
1. (a)
  give the Integrity Commissioner all the information and documents that:
  1. (i)
    relate to the corruption issue; and
  2. (ii)
    are in the possession, or under the control, of the head of the agency; and
2. (b)
  stop any investigation of the corruption issue that the agency is already conducting; and
3. (c)
  take all reasonable steps to prevent the loss, destruction or fabrication of evidence in relation to the corruption issue.
This subsection has effect subject to subsection 150(1) but despite any secrecy provision (other than a law enforcement secrecy provision or a taxation secrecy provision).
Note: Paragraph (a)—section 21 requires the head of the agency to pass on new information that relates to a significant corruption issue that has already been notified to the Integrity Commissioner.
(2)
The law enforcement agency may resume an investigation of a corruption issue stopped under paragraph (1)(b), or commence an investigation of a corruption issue to which subsection (1) applies, only if the Integrity Commissioner:
1. (a)
  refers the corruption issue to the agency under paragraph 26(1)(b) for investigation; or
2. (b)
  decides to investigate the corruption issue jointly with the agency under subsection 26(2); or
3. (c)
  decides under subsection 31(1) to take no further action in relation to the corruption issue.

21Law enforcement agency head to pass on new information in relation to corruption issue already notified

(1)
If the head of a law enforcement agency:
1. (a)
  notifies the Integrity Commissioner of a corruption issue under section 19 and indicates that it is a significant corruption issue; and
2. (b)
  subsequently becomes aware of an allegation, or information, that is relevant to the corruption issue;
the head of the agency must give the Integrity Commissioner details of the allegation, or give the Integrity Commissioner the information, as soon as practicable after the head of the agency becomes aware of the allegation or information.
(2)
Subsection (1) has effect subject to subsection 150(1) but despite any secrecy provision (other than a law enforcement secrecy provision or a taxation secrecy provision).
(3)
The head of the agency does not need to take action under subsection (1), however, if the head of the agency:
1. (a)
  has reasonable grounds to believe that the Integrity Commissioner is already aware of the allegation or the information; or
2. (b)
  becomes aware of the allegation or information in the course of an investigation of the corruption issue and:
  1. (i)
    the agency is conducting the investigation as a result of the Integrity Commissioner referring that corruption issue to the agency for investigation; or
  2. (ii)
    the Integrity Commissioner is managing or overseeing the investigation.

22Notification of corruption issue not identified as significant corruption issue

(1)
If the head of a law enforcement agency notifies a corruption issue to the Integrity Commissioner under section 19 but does not indicate that it is a significant corruption issue, the head of the agency must:
1. (a)
  if the agency is already investigating the corruption issue—ensure that the investigation is continued and completed; and
2. (b)
  if the agency is not already investigating the corruption issue—ensure that the agency investigates the corruption issue.
This subsection applies subject to any action taken by the Integrity Commissioner under section 32 or 42.
(2)
The head of the agency does not need to take the action referred to in subsection (1) if he or she is satisfied that:
1. (a)
  the matter:
  1. (i)
    involves or implicates a secondee to the agency who is an employee of a government agency (the home agency); and
  2. (ii)
    is already being investigated by the home agency or an integrity agency for a State or Territory; or
2. (b)
  the making of the allegation that raises the corruption issue, or the giving of the information that raises the corruption issue, is frivolous or vexatious; or
3. (d)
  the corrupt conduct to which the corruption issue relates has been, is or will be, the subject of proceedings before a court; or
4. (e)
  subject to subsection (2A), a Commonwealth law that applies to the agency allows the agency to decide not to deal with the allegation or information that raises the corruption issue.
However, the head of the agency must advise the Integrity Commissioner that the agency will not be investigating the corruption issue and the reason why the agency will not be investigating the corruption issue.
(2A)
Despite paragraph (2)(e), the agency must continue and complete, or begin and complete, an investigation of the corruption issue if the Integrity Commissioner considers, despite the Commonwealth law, that it would be more appropriate for the issue to be investigated.
(3)
With the agreement of the Integrity Commissioner, the head of the agency may advise the Integrity Commissioner under subsection (2) by entering the required details on a database to which the Integrity Commissioner has access.

23Referral of corruption issues by other people

(1)
A person (other than the Minister) may refer to the Integrity Commissioner under this section an allegation, or information, that raises a corruption issue.
(2)
Without limiting subsection (1):
1. (a)
  the person may refer the allegation or information on behalf of:
  1. (i)
    another person; or
  2. (ii)
    a government agency (other than a law enforcement agency); or
  3. (iii)
    a body or association of persons; and
2. (b)
  the person may refer the allegation or information anonymously; and
3. (c)
  the person may refer the allegation or information either orally or in writing.
(3)
If the person refers the allegation or information orally, the Integrity Commissioner may require the person to put the allegation or the information in writing.
(4)
If the person is asked to put the allegation or information in writing under subsection (3), the Integrity Commissioner may refuse to investigate the corruption issue that the allegation or information raises, or to investigate the corruption issue further, until the allegation or information is put in writing.
(5)
If the Ombudsman:
1. (a)
  decides, under subsection 6(16) of the Ombudsman Act 1976, to refer an allegation or information to the Integrity Commissioner; or
2. (b)
  is required, under subsection 6(17) of that Act, to refer an allegation or information to the Integrity Commissioner;
the person who referred the allegation or information to the Ombudsman is taken to have referred the allegation or information to the Integrity Commissioner under this section.

23ATransfer of complaints from the Inspector‑General of Intelligence and Security

If:
(a)
the Inspector‑General of Intelligence and Security transfers all or part of a complaint to the Integrity Commissioner under section 32AD of the Inspector‑General of Intelligence and Security Act 1986; and
(b)
the complaint or the part of the complaint involves an allegation, or information, that raises a corruption issue;
the person who made the complaint is taken to have referred the allegation or information to the Integrity Commissioner under subsection 23(1).

24Referral under section 23 by person in custody

Application of section
(1)
This section applies if a person who is detained in custody (the prisoner) wishes to refer an allegation or information to the Integrity Commissioner under section 23.
(2)
A reference in this section to a custodian is a reference to:
(a)
the person in whose custody the prisoner is detained; or
(b)
any other person performing duties in connection with the prisoner’s detention.
Facilities to be provided for communicating with Integrity Commissioner
(3)
The prisoner is entitled to be provided with facilities for:
(a)
preparing a written record of the allegation or information; and
(b)
for enclosing that written record in a sealed envelope;
if the prisoner requests a custodian to have those facilities provided.
(4)
The prisoner is entitled to have sent to the Integrity Commissioner, without undue delay, a sealed envelope that is:
(a)
delivered by the prisoner to a custodian; and
(b)
addressed to the Integrity Commissioner;
if the prisoner requests a custodian to have the envelope sent to the Integrity Commissioner.
(5)
The prisoner is entitled to have delivered to the prisoner, without undue delay, any sealed envelope that:
(a)
is addressed to the prisoner; and
(b)
is sent by the Integrity Commissioner; and
(c)
comes into the possession, or under the control, of a custodian.
Dealing with communications between prisoner and Integrity Commissioner
(6)
If:
(a)
the prisoner delivers to a custodian a sealed envelope addressed to the Integrity Commissioner for sending to the Integrity Commissioner; or
(b)
a sealed envelope addressed to the prisoner and sent by the Integrity Commissioner comes into the possession, or under the control, of a custodian;
neither that custodian, nor any other custodian, is entitled to open the envelope or to inspect any document enclosed in the envelope.
Arrangements with State and Territory prison authorities
(7)
For the purposes of this section, the Integrity Commissioner may make arrangements with the appropriate authority of a State or a Territory for the identification and delivery of sealed envelopes sent by the Integrity Commissioner to persons detained in custody in that State or Territory.

Division 2How Integrity Commissioner deals with corruption issuesSubdivision AGeneral26How Integrity Commissioner may deal with corruption issues

(1)
The Integrity Commissioner may deal with a corruption issue that relates to a law enforcement agency in any of the following ways:
1. (a)
  by investigating the corruption issue;
2. (b)
  by referring the corruption issue to the law enforcement agency for investigation and:
  1. (i)
    managing the investigation; or
  2. (ii)
    overseeing the investigation; or
  3. (iii)
    neither managing nor overseeing the investigation;
3. (c)
  if the law enforcement agency is not the AFP—by referring the corruption issue to the AFP for investigation and:
  1. (i)
    managing the investigation; or
  2. (ii)
    overseeing the investigation; or
  3. (iii)
    neither managing nor overseeing the investigation;
4. (d)
  by managing an investigation of the corruption issue that is being conducted by the law enforcement agency;
5. (e)
  by overseeing an investigation of the corruption issue that is being conducted by the law enforcement agency.
Note: Subsection 29(6) gives the Integrity Commissioner further options for dealing with the corruption issue to the extent to which it relates to the conduct of a secondee to the law enforcement agency.
(2)
The Integrity Commissioner may investigate the corruption issue under paragraph (1)(a) either alone or jointly with another government agency or an integrity agency for a State or Territory.

27Criteria for deciding how to deal with a corruption issue

(1)
The Integrity Commissioner must have regard to the matters set out in subsection (2) in deciding:
1. (a)
  how to deal with a corruption issue that relates to a law enforcement agency; or

1. (b)
  whether to take no further action in relation to a corruption issue that relates to a law enforcement agency.
(2)
The matters to which the Integrity Commissioner must have regard are the following:
1. (a)
  the need to ensure that the corruption issue is fully investigated;
2. (b)
  the rights and obligations of the law enforcement agency to investigate the corruption issue;
3. (c)
  if a joint investigation of the corruption issue by the Integrity Commissioner and the law enforcement agency is being considered—the extent to which the law enforcement agency is able to cooperate in the investigation;
4. (d)
  the resources that are available to each of the following to investigate the corruption issue:
  1. (i)
    the Integrity Commissioner;
  2. (ii)
    the AFP;
  3. (iii)
    the law enforcement agency;
5. (e)
  the need to ensure a balance between:
  1. (i)
    the Integrity Commissioner’s role in dealing with corruption issues in law enforcement agencies (particularly in dealing with significant corruption issues); and
  2. (ii)
    ensuring that the heads of law enforcement agencies take responsibility for managing their agencies;
6. (f)
  the likely significance of the corruption issue for the law enforcement agency.

28Dealing with multiple corruption issues

(1)
The Integrity Commissioner may, in his or her discretion, deal with a number of corruption issues together (whether or not they are raised by the same allegation or information).
(2)
Without limiting subsection (1), if an allegation, or information, raises a number of corruption issues, the Integrity Commissioner:
1. (a)
  may deal with some or all of those corruption issues together; and
2. (b)
  may deal with some or all of those corruption issues separately.
(3)
Without limiting subsection (1), the Integrity Commissioner may prepare a single report in relation to a number of corruption issues.

29How Integrity Commissioner may deal with corruption issues that relate to conduct of secondee from government agency

Section applies if secondee is employee of government agency
(1)
This section applies if:
(a)
a corruption issue relates to the conduct of a secondee to a law enforcement agency; and
(b)
the secondee is an employee of a government agency (the home agency).
Informing head of government agency and integrity agency about corruption issue
(2)
The Integrity Commissioner must:
(a)
inform the head of the home agency of the corruption issue; and
(b)
give the head of the home agency such further information in relation to the corruption issue as the head of the home agency requests; and
(c)
if the home agency is the police force of a State or Territory:
(i)
inform the head of the integrity agency (if any) for the State or Territory of the corruption issue; and
(ii)
give the head of the integrity agency (if any) for the State or Territory such further information in relation to the corruption issue as the head of the integrity agency requests.
This subsection has effect subject to section 152 (which deals with section 149 certified information).
(3)
However, the Integrity Commissioner need not inform the head of the home agency, and the head of the integrity agency, of the corruption issue if doing so is likely to prejudice:
(a)
the investigation of the corruption issue or another corruption investigation; or
(b)
any action taken as a result of an investigation referred to in paragraph (a).
(4)
If the Integrity Commissioner does not inform the head of the home agency, or the head of the integrity agency, of the corruption issue because of subsection (3), the Integrity Commissioner must:
(a)
inform the Minister that the head of the home agency, or the head of the integrity agency, has not been informed of the corruption issue; and
(b)
give the Minister the Integrity Commissioner’s reasons for not informing the head of the home agency, or the head of the integrity agency, of the corruption issue.
(5)
The Integrity Commissioner does not need to take action under paragraph (2)(a) or subparagraph (2)(c)(i) if the Integrity Commissioner has reasonable grounds to believe that the head of the home agency, or the head of the integrity agency, is already aware of the corruption issue.
Arranging for government agency to investigate corruption issue
(6)
The Integrity Commissioner may deal with the corruption issue:
(a)
by arranging, in writing, with the head of the home agency for the home agency to investigate the corruption issue; or
(b)
if the secondee is from the police force of a State or Territory—by arranging, in writing, with the head of the integrity agency for the State or Territory for the integrity agency to investigate the corruption issue.
(7)
To avoid doubt, subsection (6) does not limit the operation of section 26 in relation to the corruption issue.
Criteria for deciding how to deal with corruption issue
(8)
The Integrity Commissioner must have regard to the matters set out in subsection (9) in deciding:
(a)
how to deal with the corruption issue; or
(b)
whether to take no further action in relation to a corruption issue.
(9)
The matters that the Integrity Commissioner must have regard to are the following:
(a)
the rights and obligations of:
(i)
the home agency; and
(ii)
the integrity agency (if any) for the State or Territory;
to investigate the corruption issue;
(b)
if a joint investigation of the corruption issue is being considered—the extent to which the agencies referred to in paragraph (a) are able to cooperate in the investigation;
(c)
the resources available to the Integrity Commissioner, the AFP and the agencies referred to in paragraph (a) to investigate the corruption issue;
(d)
the need to ensure a balance between:
(i)
the Integrity Commissioner’s role in dealing with corruption issues in law enforcement agencies (particularly in dealing with significant corruption issues); and
(ii)
ensuring that the head of the home agency takes responsibility for managing the home agency; and
(iii)
the role of the integrity agency (if any) for the State or Territory in dealing with corruption issues that relate to the State’s or Territory’s police force; and
(e)
the likely significance of the corruption issue for:
(i)
the law enforcement agency; and
(ii)
the home agency; and
(iii)
the integrity agency (if any) for the State or Territory.
Operation of section 27
(10)
To avoid doubt, subsections (8) and (9) do not limit the operation of section 27 in relation to the corruption issue.

30Arranging for government agencies and integrity agencies to investigate corruption issues relating to conduct of secondees

(1)
If a government agency, or an integrity agency for a State or Territory, has power to investigate a corruption issue that relates to the conduct of a secondee to a law enforcement agency, the Integrity Commissioner may arrange with the head of the agency for the agency to investigate the corruption issue.
(2)
If the Integrity Commissioner enters into such an arrangement, the agency may investigate the corruption issue to the full extent of its powers under any laws of the Commonwealth or of a State or Territory.
(3)
The arrangement may relate to:
1. (a)
  a particular corruption issue or issues; or
2. (b)
  a series of related corruption issues.
(4)
The Integrity Commissioner may arrange with the agency for the variation or revocation of the arrangement.
(5)
The arrangement, or the variation or revocation of the arrangement, must be in writing.
(6)
The regulations may make provision for and in relation to the participation by the Integrity Commissioner in the carrying out of a joint investigation in accordance with an arrangement under this section.
(7)
Nothing in this section affects the powers and duties of the Integrity Commissioner under any other provision of this Act.

Subdivision BIntegrity Commissioner dealing with corruption issues referred or notified31Significant corruption issues notified under section 19 and corruption issues referred under section 18 or 23

(1)
This section applies if:
1. (a)
  the head of a law enforcement agency:
  1. (i)
    notifies the Integrity Commissioner of a corruption issue under section 19; and
  2. (ii)
    indicates that it is a significant corruption issue; or
2. (b)
  an allegation, or information, that raises a corruption issue is referred to the Integrity Commissioner under section 18 or 23.
Integrity Commissioner must make a decision
(2)
The Integrity Commissioner must decide:
1. (a)
  to deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6); or
2. (b)
  to take no further action in relation to the corruption issue.
(3)
Subsection (2) does not apply if the Integrity Commissioner has already made a decision under that subsection in relation to the corruption issue.
Requesting information to assist in making the decision
(3A)
For the purposes of making a decision under subsection (2), the Integrity Commissioner may request the head of a law enforcement agency to give the Integrity Commissioner the information specified in the request.
(3B)
The head of the law enforcement agency must comply with the request.
(3C)
Subsection (3A) does not limit the information to which the Integrity Commissioner may have regard in making a decision under subsection (2).
Deciding to take no further action
(4)
The Integrity Commissioner may decide under subsection (2) to take no further action in relation to the corruption issue only if he or she is satisfied that:
1. (a)
  the corruption issue is already being, or will be, investigated by:
  1. (i)
    a law enforcement agency; or
  2. (ii)
    a government agency; or
  3. (iii)
    an integrity agency for a State or Territory; or
2. (b)
  the referral of the allegation or information to the Integrity Commissioner is frivolous or vexatious; or
3. (d)
  the corrupt conduct to which the corruption issue relates has been, is or will be, the subject of proceedings before a court; or
4. (e)
  an investigation of the corruption issue is not warranted having regard to all the circumstances.

32Corruption issues notified under section 19 (other than significant corruption issues)

(1)
This section applies if the head of a law enforcement agency:
1. (a)
  notifies the Integrity Commissioner of a corruption issue under section 19; and
2. (b)
  does not indicate that it is a significant corruption issue.
Integrity Commissioner must make a decision
(2)
The Integrity Commissioner must decide:
1. (a)
  to deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6); or
2. (b)
  to take no further action in relation to the corruption issue.
Requesting information to assist in making the decision
(3)
For the purposes of making a decision under subsection (2), the Integrity Commissioner may request the head of a law enforcement agency to give the Integrity Commissioner the information specified in the request.
(4)
The head of the law enforcement agency must comply with the request.
(5)
Subsection (3) does not limit the information to which the Integrity Commissioner may have regard in making a decision under subsection (2).
(6)
If the Integrity Commissioner does decide to deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6), the Integrity Commissioner may direct the head of the law enforcement agency that the agency is not to investigate the corruption issue.
(7)
A direction under subsection (6) is not a legislative instrument.
Deciding to take no further action
(8)
The Integrity Commissioner may decide under subsection (2) to take no further action in relation to the corruption issue only if he or she is satisfied that:
1. (a)
  the corruption issue is already being, or will be, investigated by:
  1. (i)
    a law enforcement agency; or
  2. (ii)
    a government agency; or
  3. (iii)
    an integrity agency for a State or Territory; or
2. (b)
  the corrupt conduct to which the corruption issue relates has been, is or will be, the subject of proceedings before a court; or
3. (c)
  an investigation of the corruption issue is not warranted having regard to all the circumstances.
(9)
The Integrity Commissioner must advise the head of the law enforcement agency of a decision under subsection (2) to take no further action in relation to the corruption issue. That advice must be given:
1. (a)
  in writing; and
2. (b)
  as soon as reasonably practicable after the decision is made.
(10)
This Act continues to apply to the head of the law enforcement agency, and that agency, in relation to the corruption issue unless the Integrity Commissioner advises otherwise:
1. (a)
  in the advice given under subsection (9); or
2. (b)
  in a later written advice given to the head of that agency.

Subdivision CAdvising particular people of decision about how to deal with corruption issue33Minister

(1)
If the Minister refers an allegation, or information, that raises a corruption issue to the Integrity Commissioner under section 18, the Integrity Commissioner must advise the Minister of:
1. (a)
  the Integrity Commissioner’s decision under section 31 in relation to the corruption issue; and
2. (b)
  any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.
(2)
The Integrity Commissioner must advise the Minister of the decision:
1. (a)
  in writing; and
2. (b)
  as soon as reasonably practicable after the decision is made.

34Person who refers corruption issue

The Integrity Commissioner may advise a person (or a representative nominated by the person) of:
(a)
the Integrity Commissioner’s decision under section 31 in relation to a corruption issue raised by the person in a referral under section 23; and
(b)
any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.

35Head of law enforcement agency

Commissioner to advise head of law enforcement agency
(1)
If:
(a)
an allegation, or information, that raises a corruption issue is referred to the Integrity Commissioner under section 18 or 23; and
(b)
the corruption issue relates to a law enforcement agency;
the Integrity Commissioner must advise the head of the agency of:
(c)
the Integrity Commissioner’s decision under section 31 in relation to the corruption issue; and
(d)
any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.
Form and timing of advice
(2)
The Integrity Commissioner must advise the head of the agency of the decision:
(a)
in writing; and
(b)
as soon as reasonably practicable after the decision is made.
Exception
(3)
However, the Integrity Commissioner need not advise the head of the agency if doing so would be likely to prejudice:
(a)
the investigation of the corruption issue or another corruption investigation; or
(b)
any action taken as a result of an investigation referred to in paragraph (a).
(4)
If the Integrity Commissioner does not advise the head of the agency of the decision because of subsection (3), the Integrity Commissioner must:
(a)
inform the Minister that the head of the agency has not been advised of the decision; and
(b)
give the Minister the Integrity Commissioner’s reasons for not advising the head of the agency of the decision; and
(c)
inform the Minister that the consultations that would otherwise take place under section 49 will not take place.

36Heads of home agency and integrity agency

Section applies to secondment situations
(1)
This section applies if:
(a)
an allegation, or information, that raises a corruption issue is referred to the Integrity Commissioner under section 18 or 23; and
(b)
the corruption issue relates to the conduct of a person who:
(i)
is, or has been, a secondee to a law enforcement agency; and
(ii)
is an employee of a government agency (the home agency).
Advising head of home agency
(2)
The Integrity Commissioner must advise the head of the home agency of:
(a)
the Integrity Commissioner’s decision under section 31 in relation to the corruption issue; and
(b)
any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.
Advising head of integrity agency
(3)
If the home agency is the police force of a State or Territory, the Integrity Commissioner must also advise the head of the integrity agency (if any) for the State or Territory of:
(a)
the Integrity Commissioner’s decision under section 31 in relation to the corruption issue; and
(b)
any decision the Integrity Commissioner makes under section 42 on a reconsideration of how the corruption issue should be dealt with.
Form and timing of advice
(4)
The Integrity Commissioner must advise the head of the home agency or integrity agency:
(a)
in writing; and
(b)
as soon as reasonably practicable after the decision is made.
Exception
(5)
However, the Integrity Commissioner need not advise the head of the home agency, or integrity agency, if doing so would be likely to prejudice:
(a)
the investigation of the corruption issue or another corruption investigation; or
(b)
any action taken as a result of an investigation referred to in paragraph (a).
(6)
If the Integrity Commissioner does not advise the head of the home agency, or integrity agency, of the decision because of subsection (5), the Integrity Commissioner must:
(a)
inform the Minister that the head of the home agency, or integrity agency, has not been advised of the decision; and
(b)
give the Minister the Integrity Commissioner’s reasons for not advising the head of the home agency, or integrity agency, of the decision; and
(c)
inform the Minister that the consultations that would otherwise take place under section 49 will not take place.

37Staff member to whom corruption issue relates

If the Integrity Commissioner makes a decision under section 31, 32 or 42 in relation to a corruption issue that relates to a person who is, or has been, a staff member of a law enforcement agency, the Integrity Commissioner may advise the person of the Integrity Commissioner’s decision.

Subdivision DIntegrity Commissioner dealing with corruption issues on own initiative38Integrity Commissioner may deal with corruption issues on own initiative

Integrity Commissioner may decide to deal with a corruption issue
(1)
If the Integrity Commissioner becomes aware of an allegation, or information, that raises a corruption issue, the Integrity Commissioner may, on his or her own initiative, deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6).
(2)
Subsection (1) does not apply if the Integrity Commissioner becomes aware of the allegation or information because of action taken under Division 1 of this Part.
Requesting information to assist in making the decision
(2A)
For the purposes of making a decision under subsection (1), the Integrity Commissioner may request the head of a law enforcement agency to give the Integrity Commissioner the information specified in the request.
(2B)
The head of the law enforcement agency must comply with the request.
(2C)
Subsection (2A) does not limit the information to which the Integrity Commissioner may have regard in making a decision under subsection (1).
Directing law enforcement agency not to investigate
(3)
If the Integrity Commissioner decides to deal with the corruption issue in one of the ways referred to in subsection 26(1) or 29(6), the Integrity Commissioner may direct the head of the law enforcement agency to which the corruption issue relates that the agency is not to investigate the corruption issue.
(4)
A direction under subsection (3) is not a legislative instrument.
Becoming aware of another corruption issue
(5)
Without limiting subsection (1), if the Integrity Commissioner:
(a)
is investigating, or inquiring into, a particular corruption issue; and
(b)
in the course of doing so, becomes aware of an allegation, or information, that raises another corruption issue;
the Integrity Commissioner may deal with that other corruption issue in one of the ways referred to in subsection 26(1) or 29(6).

39Advising head of law enforcement agency of decision to deal with corruption issue on own initiative

Advice to head of law enforcement agency
(1)
If:
(a)
the Integrity Commissioner decides, on his or her own initiative, to deal with a corruption issue in one of the ways referred to in subsection 26(1) or 29(6); and
(b)
the corruption issue relates to a law enforcement agency;
the Integrity Commissioner must advise the head of the agency of:
(c)
the Integrity Commissioner’s decision to deal with the corruption issue in that way; and

(i)
any direction given under subsection 90(1) (about confidentiality for hearings); and
(ii)
Subdivision EAA of Division 2 of Part 9.
Note 1: Various provisions in this Act require information sharing in relation to a corruption issue: see, for example, sections 44, 50 and 70.
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
Disclosure to a relevant agency
(3)
Subsection 207(1) does not prevent the Integrity Commissioner from disclosing information to the following heads of agencies:
(a)
the Commonwealth Ombudsman;
(aa)
the Inspector‑General of Intelligence and Security;
(b)
an Ombudsman of a State or Territory;
(c)
the head of a law enforcement agency;
(d)
the head of a police force of a State or Territory;
(e)
the head of an integrity agency for a State or Territory;
(f)
the head of another government agency;
if:
(g)
the Integrity Commissioner is satisfied that, having regard to the functions of the agency concerned, it is appropriate to do so; and
(h)
to the extent that the information is hearing material or derivative material—the Integrity Commissioner discloses the material in accordance with:
(i)
any direction given under subsection 90(1) (about confidentiality for hearings); and
(ii)
Subdivision EAA of Division 2 of Part 9.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.
Integrity Commissioner to be satisfied that confidentiality regime in place
(4)
If the Integrity Commissioner proposes to disclose information to a person under subsection (3), the Integrity Commissioner must satisfy himself or herself that a law of the Commonwealth, a State or Territory makes provision corresponding to the provision made by section 207 and this section with respect to the confidentiality of information acquired by that person.
Disclosure required by another Commonwealth law
(5)
Subsection 207(1) does not prevent a person from disclosing information if the disclosure is required under another law of the Commonwealth.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.
Disclosure to particular person
(6)
The Integrity Commissioner may disclose information to a particular person if the Integrity Commissioner is satisfied that it is necessary to do so in order to protect that or another person’s life or physical safety.
Section 149 certified information
(7)
The Integrity Commissioner must not disclose information to a person under subsection (3) or (6) (except to the Inspector‑General of Intelligence and Security for the purpose of performing the Inspector‑General’s functions) if:
(a)
the information is section 149 certified information; and
(b)
the disclosure of the information to the person would contravene the certificate issued under section 149.
Notifying the Attorney‑General
(8)
The Integrity Commissioner must notify the Attorney‑General if the Integrity Commissioner intends to give section 149 certified information to the Inspector‑General of Intelligence and Security.

209Disclosure by Integrity Commissioner in public interest etc.

(1)
If the Integrity Commissioner is satisfied that it is in the public interest to do so, the Integrity Commissioner may disclose information to the public, or a section of the public, about:
1. (a)
  the performance of the Integrity Commissioner’s functions; or
2. (b)
  the exercise of the Integrity Commissioner’s powers; or
3. (c)
  an investigation of a corruption issue conducted by the Integrity Commissioner; or
4. (d)
  a public inquiry conducted by the Integrity Commissioner.
(2)
Subsection (1) has effect:
1. (a)
  subject to subsections (3) and (4) and section 210; and
2. (b)
  despite any other provision of this Act.
(3)
The Integrity Commissioner must not disclose under subsection (1) information that is section 149 certified information.
(4)
In deciding whether to disclose under subsection (1) information that the Integrity Commissioner is satisfied is sensitive information, the Integrity Commissioner must seek to achieve an appropriate balance between:
1. (a)
  the public interest that would be served by disclosing the information; and
2. (b)
  the prejudicial consequences that might result from disclosing the information.

210Opportunity to be heard

Opinion or finding critical of a government agency or person
(1)
The Integrity Commissioner must not disclose information under section 209 in relation to an investigation of a corruption issue under this Act that includes an opinion or finding that is critical of a government agency or person (either expressly or impliedly) unless the Integrity Commissioner has taken the action required by subsection (2) or (3) before disclosing the information.
Opportunity to appear and make submissions
(2)
If the opinion or finding is critical of a government agency, the Integrity Commissioner must give the head of the agency:
(a)
a statement setting out the opinion or finding; and
(b)
a reasonable opportunity to appear before him or her and to make submissions in relation to the opinion or finding.
(3)
If the opinion or finding is critical of a person, the Integrity Commissioner must give the person:
(a)
a statement setting out the opinion or finding; and
(b)
a reasonable opportunity to appear before him or her and to make submissions in relation to the opinion or finding.
(4)
The submissions may be made orally or in writing.
(5)
The head of a government agency may:
(a)
appear before the Integrity Commissioner personally; or
(b)
authorise another person to appear before the Integrity Commissioner on his or her behalf.
(6)
A person referred to in subsection (3):
(a)
may appear before the Integrity Commissioner personally; or
(b)
may, with the Integrity Commissioner’s approval, be represented by another person.

211ACLEI staff generally not compellable in court proceedings

(1)
This section applies to:
1. (a)
  proceedings before a court (whether exercising federal jurisdiction or not); and
2. (b)
  proceedings before any tribunal, authority or person having power to require the production of documents or the answering of questions.
(2)
A person who is, or has been, a staff member of ACLEI is not compellable in any proceedings to which this section applies:
1. (a)
  to disclose any information that:
  1. (i)
    he or she acquired because of his or her being or having been a staff member of ACLEI; and
  2. (ii)
    was disclosed or obtained under the provisions of, or for the purposes of, this Act; or
2. (b)
  to produce any document that:
  1. (i)
    has come into his or her custody or control in the course of, or because of, the performance of his or her duties under this Act; and
  2. (ii)
    was produced under the provisions of, or for the purposes of, this Act.
(3)
Subsection (1) does not apply to a proceeding if:
1. (a)
  any of the following is a party to the proceedings in his or her official capacity:
  1. (i)
    the Integrity Commissioner;
  2. (ii)
    a delegate of the Integrity Commissioner;
  3. (iii)
    a person authorised by the Integrity Commissioner to exercise a power or perform a function under this Act; or
2. (b)
  the proceeding is brought for the purposes of carrying into effect a provision of this Act; or
3. (c)
  the proceeding is a prosecution, civil penalty proceeding or confiscation proceeding brought as a result of:
  1. (i)
    a corruption investigation or public inquiry; or
  2. (ii)
    an investigation of a corruption issue that the Integrity Commissioner manages or oversees.
(4)
In this section:
produce includes permit access to, and production has a corresponding meaning.

Part 14Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity 212Definitions

In this Part:
Committee means the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity for the time being constituted under this Part.
member means a member of the Committee.

213Joint Committee on the Australian Commission for Law Enforcement Integrity

(1)
As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament to be known as the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity is to be appointed according to the practice of the Parliament with reference to the appointment of members to serve on joint select committees of both Houses of the Parliament.
(2)
The Committee shall consist of 10 members, namely, 5 members of the Senate appointed by the Senate, and 5 members of the House of Representatives appointed by that House.
(3)
A member of the Parliament is not eligible for appointment as a member of the Committee if he or she is:
1. (a)
  a Minister; or
2. (b)
  the President of the Senate; or
3. (c)
  the Speaker of the House of Representatives.
(4)
A member ceases to hold office:
1. (a)
  when the House of Representatives expires by the passing of time or is dissolved; or
2. (b)
  if he or she becomes the holder of an office specified in any of the paragraphs of subsection (3); or
3. (c)
  if he or she ceases to be a member of the House of the Parliament by which he or she was appointed; or
4. (d)
  if he or she resigns his or her office as provided by subsection (5) or (6).
(5)
A member appointed by the Senate may resign his or her office by writing signed by him or her and delivered to the President of the Senate.
(6)
A member appointed by the House of Representatives may resign his or her office by writing signed by him or her and delivered to the Speaker of that House.
(7)
Either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the Committee appointed by that House.

214Powers and proceedings of the Committee

All matters relating to the powers and proceedings of the Committee are to be determined by resolution of both Houses of the Parliament.

215Duties of the Committee

(1)
The Committee has the following duties:
1. (a)
  to monitor and review the Integrity Commissioner’s performance of his or her functions;
2. (b)
  to report to both Houses of the Parliament, with such comments as it thinks fit, on any matter:
  1. (i)
    connected with the performance of the Integrity Commissioner’s functions; or
  2. (ii)
    relating to ACLEI;
that the Committee considers should be directed to the attention of Parliament;
1. (c)
  to examine:
  1. (i)
    each annual report referred to in section 201 that is prepared by the Integrity Commissioner; and
  2. (ii)
    any special report prepared by the Integrity Commissioner under section 204;
and report to the Parliament on any matter appearing in, or arising out of, any such annual report or special report;
1. (d)
  to examine trends and changes in:
  1. (i)
    law enforcement in so far as they relate to corruption; and
  2. (ii)
    corruption generally in, or the integrity of staff members of, Commonwealth government agencies with a law enforcement function;
and report to both Houses of the Parliament on any change that the Committee thinks desirable:
1. (iii)
  to the Integrity Commissioner’s functions or powers; or
2. (iv)
  to the procedures followed by the Integrity Commissioner; or
3. (v)
  to ACLEI’s structure;
1. (e)
  to inquire into any question in connection with the Committee’s duties that is referred to it by either House of the Parliament, and to report to that House upon that question.
(2)
Subsection (1) does not authorise the Committee:
1. (a)
  to investigate a corruption issue or an ACLEI corruption issue; or
2. (b)
  to reconsider the Integrity Commissioner’s decisions or recommendations in relation to a particular corruption issue or ACLEI corruption issue; or
3. (c)
  to reconsider a special investigator’s decisions or recommendations in relation to an ACLEI corruption issue.

216Disclosure to Committee by Integrity Commissioner

(1)
Subject to subsections (2) and (3), the Integrity Commissioner:
1. (a)
  must comply with a request by the Committee to give the Committee information in relation to:
  1. (i)
    an investigation of a corruption issue; or
  2. (ii)
    a public inquiry;
that the Integrity Commissioner has conducted or is conducting; and
1. (b)
  must when requested by the Committee, and may at such other times as the Integrity Commissioner thinks appropriate, inform the Committee concerning the general performance of the Integrity Commissioner’s functions.
(2)
The Integrity Commissioner must not comply with the request if:
1. (a)
  the information is section 149 certified information; and
2. (b)
  the disclosure of the information to the Committee would contravene the certificate issued under section 149.
(3)
The Integrity Commissioner may decide not to comply with the request if the Integrity Commissioner is satisfied that:
1. (a)
  the information is sensitive information; and
2. (b)
  the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee.
(4)
If the Integrity Commissioner does not give information to the Committee because of subsection (3), the Committee may refer the request to the Minister.
(5)
If the Committee refers the request to the Minister, the Minister:
1. (a)
  must determine in writing whether:
  1. (i)
    the information is sensitive information; and
  2. (ii)
    if it is, whether the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee; and
2. (b)
  must provide copies of that determination to the Integrity Commissioner and the Committee; and
3. (c)
  must not disclose his or her reasons for determining the question referred to in subparagraph (a)(ii) in the way stated in the determination.
(6)
A determination made by the Minister under subsection (5) is not a legislative instrument.

217Disclosure to Committee by Minister

(1)
Subject to subsections (2) and (3), the Minister must comply with a request by the Committee to give the Committee information in relation to an investigation of an ACLEI corruption issue that a special investigator has conducted or is conducting.
(2)
The Minister must not comply with the request if:
1. (a)
  the information is section 149 certified information; and
2. (b)
  the disclosure of the information to the Committee would contravene the certificate issued under section 149.
(3)
The Minister may decide not to comply with the request if the Minister is satisfied that:
1. (a)
  the information is sensitive information; and
2. (b)
  the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee.

218Ombudsman to brief Committee about controlled operations

(1)
At least once in each year the Ombudsman must provide a briefing to the Committee about the Integrity Commissioner’s involvement in controlled operations under Part IAB of the Crimes Act 1914 during the preceding 12 months.
(2)
For the purposes of receiving a briefing from the Ombudsman under subsection (1), the Committee must meet in private.

Part 15Miscellaneous 219Delegation

Delegation to an Assistant Integrity Commissioner
(1)
The Integrity Commissioner may delegate all or any of his or her functions or powers to an Assistant Integrity Commissioner.
Delegation to certain staff members of ACLEI
(3)
The Integrity Commissioner may delegate all or any of his or her functions or powers to a staff member of ACLEI who is an SES employee or acting SES employee.
(4)
Subsection (3) does not apply to:
(a)
the power to hold a hearing for the purpose of conducting a public inquiry; or
(b)
a power under Division 1, 2 or 3 of Part 9 (other than section 97).
Form of delegation
(5)
A delegation under this section must be in writing and signed by the Integrity Commissioner.

220Offence of victimisation

(1)
A person commits an offence if the person causes, or threatens to cause, detriment to another person (the victim) on the ground that the victim, or any other person:
1. (a)
  has referred, or may refer, to the Integrity Commissioner an allegation, or information, that raises a corruption issue; or
2. (b)
  has referred, or may refer, to the Minister an allegation, or information, that raises an ACLEI corruption issue; or
3. (c)
  has notified, or may notify, the Integrity Commissioner of an allegation, or information, that raises an ACLEI corruption issue; or
4. (d)
  has given, or may give, information to the Integrity Commissioner or a special investigator; or
5. (e)
  has produced, or may produce, a document or thing to the Integrity Commissioner or a special investigator.
Penalty: Imprisonment for 2 years.
(2)
For the purpose of subsection (1), a threat may be:
1. (a)
  express or implied; or
2. (b)
  conditional or unconditional.
(3)
In a prosecution for an offence against subsection (1), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

221Legal and financial assistance in relation to applications for administrative review

(1)
A person may apply to the Attorney‑General for assistance in respect of the person’s application, or proposed application, to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under this Act.
(2)
The Attorney‑General may, if he or she is satisfied that:
1. (a)
  it would involve substantial hardship to the person to refuse the application; or
2. (b)
  the circumstances of the case are of such a special nature that the application should be granted;
authorise the Commonwealth to provide the person with legal or financial assistance, determined by the Attorney‑General, in respect of the person’s application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2), as the case may be.
(3)
Legal or financial assistance may be given:
1. (a)
  unconditionally; or
2. (b)
  subject to such conditions as the Attorney‑General determines.
(4)
An instrument that determines the conditions on which legal or financial assistance may be given is not a legislative instrument.

222Immunity from civil proceedings

(1)
A staff member of ACLEI is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith, in the performance or purported performance, or exercise or purported exercise, of the staff member’s functions, powers or duties under, or in relation to, this Act.
(2)
A person whom the Integrity Commissioner requests, in writing, to assist a staff member of ACLEI is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith for the purpose of assisting the staff member.
(3)
A special investigator is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith, in the performance or purported performance, or exercise or purported exercise, of the special investigator’s functions, powers or duties under, or in relation to, this Act.
(4)
A person whom a special investigator requests, in writing, to assist the special investigator is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith for the purpose of assisting the special investigator.
(5)
If:
1. (a)
  information or evidence has been given to the Integrity Commissioner or a special investigator; or
2. (b)
  a document or thing has been produced to the Integrity Commissioner or a special investigator;
a person is not liable to an action, suit or proceeding in respect of loss, damage or injury of any kind suffered by another person by reason only that the information or evidence was given or the document or thing was produced.

223Immunities from certain State and Territory laws

The Integrity Commissioner, an Assistant Integrity Commissioner or a staff member of ACLEI is not required under, or by reason of, a law of a State or Territory:
(a)
to obtain or have a licence or permission for doing any act or thing in the exercise of his or her powers or the performance of his or her duties as the Integrity Commissioner, an Assistant Integrity Commissioner or a staff member of ACLEI; or
(b)
to register any vehicle, vessel, animal or article belonging to the Commonwealth.

223AReview of operation of Act

Undertaking the review
(1)
The Minister must cause an independent review to be undertaken of the first 3 years of the operation of this Act.

Report to Minister
(2)
The persons undertaking the review must give the Minister a written report of the review within 6 months after the end of the 3‑year period.
Submissions
(3)
The review must include an opportunity for:
(a)
persons who are, or have been, staff members of law enforcement agencies; and
(b)
members of the public;
to make written submissions on the operation of this Act.
Assistance
(4)
The Integrity Commissioner and staff members of ACLEI must, if requested to do so by the persons undertaking the review, assist them in:
(a)
conducting the review; and
(b)
preparing the written report.
Tabling of report
(5)
The Minister must cause a copy of the report of the review to be laid before each House of the Parliament within 15 sitting days of that House.
Section not to apply if review conducted by Parliamentary committee
(6)
However, this section does not apply if a committee of one or both Houses of the Parliament (including the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity) has reviewed the operation of this Act, or started such a review, before the end of the 3‑year period.
Definition
(7)
In this section:
independent review means a review undertaken by a person or persons who, in the Minister’s opinion, possess appropriate qualifications to undertake the review.

224Regulations

(1)
The Governor‑General may make regulations prescribing matters:
1. (a)
  required or permitted by this Act to be prescribed; or
2. (b)
  necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)
The regulations may require that information or reports that are required to be given under prescribed provisions are also to be given to prescribed persons in specified circumstances.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Law Enforcement Integrity Commissioner Act 2006	85, 2006	30 June 2006	s 1 and 2: 30 June 2006 (s 2(1) item 1) Remainder: 30 Dec 2006 (s 2(1) item 2)
Anti‑Money Laundering and Counter‑Terrorism Financing (Transitional Provisions and Consequential Amendments) Act 2006	170, 2006	12 Dec 2006	Sch 1 (item 151): 30 Dec 2006 (s 2(1) item 23)	—
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Sch 1 (item 65) (Note): 22 Mar 2011 (s 2(1) item 2)	—
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Sch 2 (items 747–751) and Sch 3 (items 10, 11): 27 Dec 2011	Sch 3 (items 10, 11)
Crimes Legislation Amendment Act (No. 2) 2011	174, 2011	5 Dec 2011	Sch 1 (items 2–6): 6 Dec 2011	Sch 1 (item 6)
Crimes Legislation Amendment (Powers and Offences) Act 2012	24, 2012	4 Apr 2012	Sch 4 (items 1–51, 54–59): 5 Apr 2012 (s 2(1) item 7) Sch 9: 4 Apr 2012 (s 2(1) item 16)	Sch 4 (items 54–59) and Sch 9 (item 2)
as amended by
Statute Law Revision Act 2012	136, 2012	22 Sept 2012	Sch 2 (item 12): 4 Apr 2012 (s 2(1) item 12)	—
Statute Law Revision Act 2012	136, 2012	22 Sept 2012	Sch 1 (items 82–84): 22 Sept 2012 (s 2(1) item 2)	—
Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012	167, 2012	28 Nov 2012	Sch 3 (items 1–6): 29 Nov 2012	Sch 3 (item 6)
Law Enforcement Integrity Legislation Amendment Act 2012	194, 2012	12 Dec 2012	Sch 1 (items 31–40): 1 July 2013	Sch 1 (item 40)
Privacy Amendment (Enhancing Privacy Protection) Act 2012	197, 2012	12 Dec 2012	Sch 5 (items 129, 130) and Sch 6 (items 15–19): 12 Mar 2014 (s 2(1) items 3, 9) Sch 6 (item 1): 12 Dec 2012 (s 2(1) item 16)	Sch 6 (items 1, 15–19)
Federal Circuit Court of Australia (Consequential Amendments) Act 2013	13, 2013	14 Mar 2013	Sch 1 (items 323–327) and Sch 2 (item 1): 12 Apr 2013 (s 2(1) items 2, 3)	Sch 1 (item 327)
Customs Amendment (Anti‑Dumping Commission) Act 2013	32, 2013	30 Mar 2013	Sch 1 (item 21): 1 July 2013	—
Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Act 2013	52, 2013	28 May 2013	Sch 3: 28 May 2013 (s 2(1) item 5)	Sch 3 (item 3)
Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013	74, 2013	28 June 2013	Sch 1 (items 4–8): 29 June 2013	—
Customs Amendment (Anti‑Dumping Commission Transfer) Act 2013	139, 2013	13 Dec 2013	Sch 1 (items 99, 101–103, 107, 108): 27 Mar 2014 (s 2(1) item 2)	Sch 1 (items 101–103, 107)
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014	62, 2014	30 June 2014	Sch 6 (item 54), Sch 9 (items 207–213) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)	Sch 14
as amended by
Public Governance and Resources Legislation Amendment Act (No. 1) 2015	36, 2015	13 Apr 2015	Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)	Sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)	—
Customs and Other Legislation Amendment (Australian Border Force) Act 2015	41, 2015	20 May 2015	Sch 6 (items 84–90) and Sch 9: 1 July 2015 (s 2(1) items 2, 7)	Sch 6 (item 90) and Sch 9
as amended by
Australian Border Force Amendment (Protected Information) Act 2017	115, 2017	30 Oct 2017	Sch 1 (item 26): 1 July 2015 (s 2(1) item 2)	—
Law Enforcement Legislation Amendment (Powers) Act 2015	109, 2015	30 June 2015	Sch 2: 28 July 2015 (s 2(1) item 2)	Sch 2 (items 38, 39)
Passports Legislation Amendment (Integrity) Act 2015	122, 2015	10 Sept 2015	Sch 1 (item 103–116): 8 Oct 2015 (s 2(1) item 2)	—
Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015	153, 2015	26 Nov 2015	Sch 11: 27 Nov 2015 (s 2(1) item 2)	Sch 11 (item 27)
Law and Justice Legislation Amendment (Northern Territory Local Court) Act 2016	26, 2016	23 Mar 2016	Sch 1 (items 28, 34, 35): 1 May 2016 (s 2(1) item 2)	Sch 1 (items 34, 35)
Australian Crime Commission Amendment (National Policing Information) Act 2016	45, 2016	5 May 2016	Sch 2 (items 5–8, 10, 11): 1 July 2016 (s 2(1) item 1)	Sch 2 (items 10, 11)
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018	67, 2018	29 June 2018	Sch 2 (item 19): 29 Dec 2018 (s 2(1) item 3)	—
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021	13, 2021	1 Mar 2021	Sch 2 (items 528–535): 1 Sept 2021 (s 2(1) item 5)	—
Telecommunications Legislation Amendment (International Production Orders) Act 2021	78, 2021	23 July 2021	Sch 1 (item 8): 24 July 2021 (s 2(1) item 2)	—
Surveillance Legislation Amendment (Identify and Disrupt) Act 2021	98, 2021	3 Sept 2021	Sch 2 (items 77–83): 4 Sept 2021 (s 2(1) item 3)	—

Endnote 4Amendment history

Provision affected	How affected
Part 2
s 5............................................	am No 170, 2006; No 174, 2011; No 24, 2012; No 194, 2012; No 13, 2013; No 41, 2015; No 109, 2015; No 122, 2015; No 153, 2015; No 26, 2016; No 45, 2016; No 13, 2021; No 78, 2021; No 98, 2021
s 8A..........................................	ad No 109, 2015
s 8B..........................................	ad No 109, 2015
s 10...........................................	am No 174, 2011; No 194, 2012; No 32, 2013; No 139, 2013; No 41, 2015; No 153, 2015; No 45, 2016
Part 3
s 15...........................................	am No 167, 2012
s 17...........................................	am No 153, 2015
Part 4
Division 1
s 20...........................................	am No 24, 2012
s 21...........................................	am No 24, 2012
s 23A........................................	ad No 98, 2021
s 25...........................................	rep No 153, 2015
Division 2
Subdivision B
s 31...........................................	am No 153, 2015
s 32...........................................	am No 153, 2015
Subdivision C
s 34...........................................	rs No 153, 2015
Subdivision D
s 38...........................................	am No 153, 2015
Part 6
Division 2
Subdivision A
s 52...........................................	am No 153, 2015
Subdivision B
s 58...........................................	am No 153, 2015
Part 7
Division 3
Subdivision A
s 65...........................................	am No 153, 2015
Subdivision B
s 68...........................................	rs No 153, 2015
Part 8
Part 8 heading............................	rs No 24, 2012
Part 9
Division 1
Subdivision A
Subdivision A heading................	rs No 24, 2012
s 75...........................................	rs No 24, 2012
s 76...........................................	rs No 24, 2012
s 77...........................................	am No 24, 2012
Subdivision AA
Subdivision AA.........................	ad No 24, 2012
s 77A........................................	ad No 24, 2012
am No 197, 2012; No 109, 2015
s 77B........................................	ad No 24, 2012
am No 109, 2015
Subdivision B
s 78...........................................	rs No 24, 2012
s 79...........................................	am No 24, 2012
s 80...........................................	am No 24, 2012; No 109, 2015
s 81...........................................	am No 24, 2012
Division 2
Subdivision A
s 82...........................................	am No 24, 2012; No 109, 2015
s 83...........................................	am No 24, 2012; No 109, 2015
Subdivision B
s 86...........................................	am No 109, 2015
Subdivision C
s 89...........................................	am No 74, 2013; No 153, 2015
s 90...........................................	am No 24, 2012; No 109, 2015; No 98, 2021
Subdivision D
s 91...........................................	am No 197, 2012; No 109, 2015
s 92...........................................	am No 24, 2012; No 109, 2015
Subdivision E
s 93...........................................	am No 24, 2012
s 94...........................................	am No 24, 2012
rs No 109, 2015
s 95...........................................	am No 24, 2012
s 96...........................................	am No 24, 2012; No 109, 2015
Subdivision EAA
Subdivision EAA.......................	ad No 109, 2015
s 96AA.....................................	ad No 109, 2015
s 96AB......................................	ad No 109, 2015
s 96AC......................................	ad No 109, 2015
s 96AD.....................................	ad No 109, 2015
am No 13, 2021
s 96AE......................................	ad No 109, 2015
s 96AF......................................	ad No 109, 2015
s 96AG.....................................	ad No 109, 2015
Subdivision EA
Subdivision EA..........................	ad No 24, 2012
s 96A........................................	ad No 24, 2012
am No 109, 2015
s 96B........................................	ad No 24, 2012
s 96C........................................	ad No 24, 2012
s 96D........................................	ad No 24, 2012
am No 122, 2015
s 96E........................................	ad No 24, 2012
s 96F.........................................	ad No 24, 2012
Subdivision F
Subdivision F heading................	rs No 122, 2015
s 97...........................................	am No 122, 2015
s 98...........................................	am No 122, 2015
s 99...........................................	am No 24, 2012; No 122, 2015
s 100.........................................	am No 24, 2012
Subdivision G
s 102.........................................	am No 109, 2015
s 103.........................................	am No 13, 2013; No 13, 2021
s 104.........................................	am No 24, 2012; No 167, 2012
Division 3
s 105.........................................	am No 67, 2018
s 106.........................................	am No 5, 2011
Division 4
Subdivision C
s 109.........................................	am No 13, 2013; No 13, 2021
s 110.........................................	am No 24, 2012
Subdivision D
s 117.........................................	am No 24, 2012; No 153, 2015
Part 10
s 142.........................................	am No 24, 2012
s 147.........................................	am No 24, 2012
Part 11
s 150.........................................	am No 24, 2012
Part 12
Division 2
s 156.........................................	am No 24, 2012; No 167, 2012
Division 4
s 166.........................................	am No 24, 2012
s 167.........................................	am No 24, 2012
Part 13
Division 1
s 175.........................................	am No 46, 2011; No 24, 2012
s 177.........................................	am No 46, 2011
s 183.........................................	am No 62, 2014
s 184.........................................	rep No 62, 2014
Division 2
s 187.........................................	am No 46, 2011; No 24, 2012
s 194.........................................	rs No 62, 2014
Division 3
s 195.........................................	am No 62, 2014
s 199.........................................	am No 74, 2013; No 153, 2015
Division 4
s 201.........................................	am No 13, 2013
rs No 62, 2014
am No 13, 2021
s 202.........................................	am No 62, 2014
s 206.........................................	am No 62, 2014
Division 5
s 207.........................................	am No 109, 2015
s 208.........................................	am No 109, 2015; No 153, 2015; No 98, 2021
Part 14
s 213.........................................	am No 136, 2012; No 52, 2013
s 215.........................................	am No 62, 2014
s 217.........................................	am No 136, 2012
s 218.........................................	am No 136, 2012
Part 15
s 219.........................................	am No 167, 2012; No 153, 2015
s 221.........................................	am No 13, 2013; No 13, 2021