Law Enforcement Integrity Commissioner Regulations 2017 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
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.
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.
For more information about any editorial changes made in this compilation, see the endnotes.
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.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
This instrument is the
Law Enforcement Integrity Commissioner Regulations 2017 .
This instrument is made under the
Law Enforcement Integrity Commissioner Act 2006 .
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) ACLEI corruption issue;
(b) corrupt conduct;
(c) corruption issue;
(d) law enforcement agency;
(e) special investigator.
In this instrument:
ACLEI investigator means a special investigator or the Integrity Commissioner.
Act means theLaw Enforcement Integrity Commissioner Act 2006 .
Integrated Cargo System means the system of that name administered by the Immigration and Border Protection Department.
Office of the Special Investigator means the Office of the Special Investigator, established as an Executive Agency under section 65 of thePublic Service Act 1999 .
relevant corruption issue : see subsection 18(4).
(1) For the purposes of paragraph (c) of the definition of
head in subsection 5(1) of the Act, the person holding the office mentioned in column 2 of an item of the following table is the head of the Commonwealth government agency mentioned in column 1 of the item.
1 | Australian Competition and Consumer Commission | The Chairperson appointed under section 7 of the |
2 | Australian Prudential Regulation Authority | The Chair of APRA appointed under section 18 of the |
3 | Australian Securities and Investments Commission | The Chairperson of ASIC appointed under section 10 of the |
4 | Australian Taxation Office | The Commissioner of Taxation mentioned in section 4 of the |
5 | Office of the Special Investigator | The Director‑General of the Office of the Special Investigator |
Note: The Commonwealth government agencies mentioned in column 1 of this table are prescribed for the purposes of paragraph (d) of the definition of
law enforcement agency in subsection 5(1) of the Act (see section 6A of this instrument).(2) This section is repealed at the start of 1 October 2024.
For the purposes of the definition of
integrity agency in subsection 5(1) of the Act, an agency mentioned in an item of the following table is prescribed as an integrity agency for the State or Territory mentioned in the item.
1 | New South Wales | the Law Enforcement Conduct Commission constituted by the |
2 | Victoria | the Independent Broad‑based Anti‑corruption Commission established by the |
3 | Queensland | the Crime and Corruption Commission established under the |
4 | Western Australia | the Corruption and Crime Commission established by the |
5 | South Australia | each of the following:
|
6 | Tasmania | each of the following:
|
7 | Northern Territory | the agency made up of the Ombudsman appointed under the |
(1) For the purposes of paragraph (d) of the definition of
law enforcement agency in subsection 5(1) of the Act, each of the following Commonwealth government agencies is prescribed:(a) the Australian Competition and Consumer Commission;
(b) the Australian Prudential Regulation Authority;
(c) the Australian Securities and Investments Commission;
(d) the Australian Taxation Office;
(e) the Office of the Special Investigator.
(2) This section is repealed at the start of 1 October 2024.
For the purposes of subsection 10(2E) of the Act, the following classes of persons are prescribed:
(a) persons who hold, or are acting in, the position of Regional Manager of the Agriculture Department;
(b) members of staff of the Agriculture Department whose duties include undertaking assessment, clearance or control of vessels or cargo imported into Australia;
(c) members of staff of the Agriculture Department who have access to the Integrated Cargo System.
(1) For the purposes of subsection 10(4) of the Act, a person in the class of persons mentioned in column 2 of an item of the table in subsection (3) of this section is a staff member of the Commonwealth government agency mentioned in column 1 of the item.
(2) For the purposes of paragraph 10(5)(d) of the Act, a person mentioned in column 3 of an item of the table in subsection (3) of this section is a secondee of the Commonwealth government agency mentioned in column 1 of the item.
(3) The following table has effect for the purposes of subsections (1) and (2).
1 | Australian Competition and Consumer Commission | Persons who are any of the following:
| A person referred to in paragraph (f) of column 2 of this item |
2 | Australian Prudential Regulation Authority | Persons who are any of the following:
| Persons who are any of the following:
|
3 | Australian Securities and Investments Commission | Persons who are any of the following:
| Persons who are any of the following:
|
4 | Australian Taxation Office | Persons who are any of the following:
| A person referred to in paragraph (d) of column 2 of this item |
5 | Office of the Special Investigator | Persons who are any of the following:
| A person referred to in paragraph (e) or (f) of column 2 of this item |
Note: The Commonwealth government agencies mentioned in column 1 of this table are prescribed for the purposes of paragraph (d) of the definition of
law enforcement agency in subsection 5(1) of the Act (see section 6A of this instrument).(4) This section is repealed at the start of 1 October 2024.
Allowances (1) For the purposes of subsection 83(6) of the Act, the allowances mentioned in an item of the following table are prescribed in relation to the witness mentioned in the item.
1 | A person summoned to appear as a witness at a hearing because of the person’s professional, scientific or other special skill or knowledge | For each day on which the person attends as a witness, the daily rate specified by the |
2 | A person summoned to appear as a witness at a hearing for any other reason | The following:
|
3 | A person summoned to appear as a witness at a hearing | In addition to item 1 or 2, the amount that the person mentioned in paragraph (2)(a) decides is reasonable for:
(b) meals and accommodation |
Decision made under item 3 of the table in subsection (1) (2) For the purposes of item 3 of the table in subsection (1):
(a) the person (the
decision‑maker ) is a staff member of ACLEI who is an SES employee or acting SES employee; and(b) the decision‑maker must take into account the following matters when deciding the amount that is reasonable in relation to the witness (the
affected witness ):
(i) the distance travelled by the affected witness specifically to appear at the hearing;
(ii) whether the affected witness had to be absent overnight from the affected witness’s usual place of residence specifically to appear at the hearing;
(iii) the amount paid to the affected witness under item 1 or 2 of the table in subsection (1);
(iv) any other matter the decision‑maker considers relevant.
(3) As soon as practicable after making a decision (the
initial decision ) under item 3 of the table in subsection (1), the decision‑maker must notify the affected witness, in writing, of:
(a) the initial decision; and
(b) the reasons for the initial decision; and
(c) particulars of the affected witness’s right to have the initial decision reviewed under this section.
Internal review of initial decision (4) The affected witness may request the Integrity Commissioner, in writing, to review the initial decision.
(5) The request must:
(a) be made within 14 days after the day on which the affected witness is notified of the initial decision, or within a longer period (if any) allowed by the Integrity Commissioner (whether before or after the end of that 14 day period); and
(b) set out the reasons for making the request.
(6) The Integrity Commissioner must review the initial decision:
(a) personally; and
(b) as soon as practicable after receiving the request.
(7) The Integrity Commissioner may:
(a) affirm, vary or revoke the initial decision; and
(b) if the initial decision is revoked, make such other decision as the Integrity Commissioner thinks appropriate.
(8) The Integrity Commissioner must notify the affected witness, in writing, within 30 days after receiving the request, of:
(a) the decision under subsection (7); and
(b) the reasons for that decision.
For the purposes of paragraph 141(2)(a) of the Act, the form set out in Schedule 1 is prescribed as the form for an identify card for an authorised officer.
For the purposes of paragraph 201(a) of the Act, this Part prescribes the particulars to be included in an annual report for a period.
(1) For corruption issues notified to the Integrity Commissioner as described in subparagraph 201(a)(i) of the Act, the particulars are the following for each law enforcement agency in relation to which a corruption issue of that kind was notified:
(a) the number of corruption issues of that kind;
(b) a description of the kinds of corrupt conduct to which the corruption issues relate;
(c) the number of the corruption issues that relate to each kind of corrupt conduct;
(d) the number of the corruption issues in relation to which the Integrity Commissioner decided to take no further action;
(e) the Integrity Commissioner’s reasons for deciding to take no further action for each corruption issue mentioned in paragraph (d);
(f) the number of the corruption issues for which the law enforcement agency conducted an investigation that is being, or was, managed by the Integrity Commissioner;
(g) the number of the corruption issues for which the law enforcement agency conducted an investigation that is being, or was, overseen by the Integrity Commissioner.
(2) For the purposes of paragraph (1)(c), if a corruption issue relates to more than one kind of corrupt conduct, the corruption issue need only be counted in relation to one of those kinds of corrupt conduct.
(1) For corruption issues raised by allegations or information referred to the Integrity Commissioner as described in subparagraph 201(a)(ii) of the Act, the particulars are the following for each law enforcement agency in relation to which a corruption issue of that kind was raised:
(a) the number of corruption issues of that kind;
(b) a description of the kinds of corrupt conduct to which the corruption issues relate;
(c) the number of the corruption issues that relate to each kind of corrupt conduct;
(d) the number of the corruption issues in relation to which the Integrity Commissioner decided to take no further action;
(e) the Integrity Commissioner’s reasons for deciding to take no further action for each corruption issue mentioned in paragraph (d).
(2) For the purposes of paragraph (1)(c), if a corruption issue relates to more than one kind of corrupt conduct, the corruption issue need only be counted in relation to one of those kinds of corrupt conduct.
(1) For corruption issues dealt with by the Integrity Commissioner on his or her own initiative as described in subparagraph 201(a)(iii) of the Act, the particulars are the following for each law enforcement agency in relation to which a corruption issue of that kind was dealt with:
(a) the number of corruption issues of that kind;
(b) a description of the kinds of corrupt conduct to which the corruption issues relate;
(c) the number of the corruption issues that relate to each kind of corrupt conduct.
(2) For the purposes of paragraph (1)(c), if a corruption issue relates to more than one kind of corrupt conduct, the corruption issue need only be counted in relation to one of those kinds of corrupt conduct.
(1) For corruption issues investigated by the Integrity Commissioner as described in subparagraph 201(a)(iv) of the Act, the particulars are the following for each law enforcement agency in relation to which a corruption issue of that kind was investigated:
(a) the number of corruption issues of that kind;
(b) a description of the kinds of corrupt conduct to which the corruption issues relate;
(c) the number of the corruption issues that relate to each kind of corrupt conduct;
(d) the number of the corruption issues for which investigations by the Integrity Commissioner were completed;
(e) for the investigations that were completed—a summary of the outcomes of the investigations, including the following:
(i) any recommendations made by the Integrity Commissioner;
(ii) any action taken as a result of the investigations;
(iii) if any disciplinary proceedings, criminal proceedings or civil penalty proceedings resulting from the investigations were commenced—the outcomes of the proceedings.
(2) For the purposes of paragraph (1)(c), if a corruption issue relates to more than one kind of corrupt conduct, the corruption issue need only be counted in relation to one of those kinds of corrupt conduct.
(1) For corruption issues that the Integrity Commissioner referred to a government agency for investigation as described in subparagraph 201(a)(v) of the Act, the particulars are the following for each law enforcement agency in relation to which a corruption issue of that kind was referred:
(a) the number of corruption issues of that kind;
(b) a description of the kinds of corrupt conduct to which the corruption issues relate;
(c) the number of the corruption issues that relate to each kind of corrupt conduct;
(d) the number of the corruption issues for which a government agency conducted an investigation that is being, or was, managed by the Integrity Commissioner;
(e) the number of the corruption issues for which a government agency conducted an investigation that is being, or was, overseen by the Integrity Commissioner;
(f) the number of the corruption issues for which investigations by a government agency were completed.
Note: A government agency includes a law enforcement agency.
(2) For the purposes of paragraph (1)(c), if a corruption issue relates to more than one kind of corrupt conduct, the corruption issue need only be counted in relation to one of those kinds of corrupt conduct.
For ACLEI corruption issues investigated as described in subparagraph 201(a)(vi) of the Act, the particulars are the following for each ACLEI corruption issue of that kind for which an investigation was completed by an ACLEI investigator:
(a) a description of the kinds of corrupt conduct to which the ACLEI corruption issue relates;
(b) a summary of the outcome of the investigation, including the following:
(i) any recommendations made by the ACLEI investigator;
(ii) any action taken as a result of the investigation;
(iii) if any disciplinary proceedings, criminal proceedings or civil penalty proceedings resulting from the investigation were commenced—the outcome of the proceedings.
For certificates issued under section 149 of the Act as described in subparagraph 201(a)(vii) of the Act, the particulars are the following:
(a) the total number of certificates issued;
(b) for each certificate issued—a description of the ground or grounds mentioned in subsection 149(2) of the Act on which the certificate was issued;
(c) the number of certificates issued that, in the opinion of the Integrity Commissioner, prevented the effective investigation of a corruption issue.
Giving information or reports in specified circumstances (1) For the purposes of subsection 224(2) of the Act, information or reports that are required to be given under a provision of the Act prescribed in subsection (2) are also to be given to the persons prescribed in subsection (3) if:
(a) the corruption issue to which the prescribed provision relates is a relevant corruption issue in relation to the Australian Capital Territory or an External Territory; and
(b) the Integrity Commissioner:
(i) is investigating the corruption issue to which the prescribed provision relates; or
(ii) is managing or overseeing the investigation by a law enforcement agency of the corruption issue to which the prescribed provision relates.
Prescribed provisions of the Act (2) The following provisions of the Act are prescribed:
(a) section 33;
(b) subsection 35(4);
(c) subsection 36(6);
(d) subsection 39(4);
(e) subsection 40(6);
(f) subsection 52(1);
(g) paragraph 55(1)(a);
(h) subsection 65(1);
(i) paragraph 74(a), to the extent it relates to a corruption issue;
(j) subsection 144(6);
(k) subsection 145(6);
(l) subsection 147(2), to the extent it relates to a corruption issue.
Prescribed persons (3) The following persons are prescribed:
(a) for information or reports relating to a relevant corruption issue in relation to the Australian Capital Territory—the Minister, within the meaning of the
Australian Capital Territory (Self‑Government) Act 1988 , who is responsible for exercising the power of the Australian Capital Territory Executive in relation to police matters;(b) for information or reports relating to a relevant corruption issue in relation to an External Territory—the Administrator of the External Territory.
Definitions (4) A corruption issue is a
relevant corruption issue in relation to the Australian Capital Territory or an External Territory if:
(a) the corruption issue relates to corrupt conduct of a person while the person was a staff member of the AFP whose duties included providing police services in relation to the Australian Capital Territory or an External Territory under section 8 of the
Australian Federal Police Act 1979 (AFP Territory police services ); or(b) the corruption issue relates to corrupt conduct of a person while the person is a staff member of the AFP whose duties include AFP Territory police services; or
(c) the corruption issue relates to corrupt conduct that:
(i) is the conduct of a person who, at the time the corruption issue is being investigated, is a staff member of the AFP whose duties include AFP Territory police services; and
(ii) in the opinion of the Integrity Commissioner, affects, or is likely to affect, the person’s performance of the police service functions of the agency.
Section 8 applies in relation to the attendance of a person as a witness at a hearing on or after the day that section commences, whether the hearing started before, on or after that day.
Part 4 applies in relation to an annual report that is required to be given on or after the day that Part commences.
Section 18 applies in relation to information or reports required to be given on or after the day that section commences.
Note: See section 9.
Commonwealth of Australia
The person whose name, signature and photograph appear on this card is an authorised officer for the purposes of Part 9 of the | [ |
Name: | |
[ | [ |
[ | |
[ |
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
The abbreviation key sets out abbreviations that may be used in the endnotes.
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.
The
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.
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.
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 = | Sch = Schedule(s) |
LIA = | 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 | |
No. = Number(s) | commenced or to be commenced |
Law Enforcement Integrity Commissioner Regulations 2017 | 24 Mar 2017 (F2017L00304) | Sch 2 (item 1): 1 July 2017 (s 2(1) item 2) Remainder: 25 Mar 2017 (s 2(1) items 1, 3) | |
Law Enforcement Integrity Commissioner Amendment (Law Enforcement Agencies) Regulations 2020 | 27 Nov 2020 (F2020L01506) | 1 Jan 2021 (s 2(1) item 1) | — |
Law Enforcement Integrity Commissioner Amendment (Office of the Special Investigator and Other Measures) Regulations 2021 | 13 Dec 2021 (F2021L01765) | 14 Dec 2021 (s 2(1) item 1) | — |
s 2............................................. | rep LA s 48D |
s 4............................................. | rep LA s 48C |
s 5............................................. | am F2021L01765 |
s 5A........................................... | ad F2020L01506 |
am F2021L01765 | |
rep | |
s 6............................................. | am F2017L00304 |
s 6A........................................... | ad F2020L01506 |
am F2021L01765 | |
rep | |
s 7A........................................... | ad F2020L01506 |
am F2021L01765 | |
rep | |
Schedule 2.................................. | rep LA s 48C |
0
0
0