National Anti-Corruption Commission Act 2022 (Cth)
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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Act is the
National Anti‑Corruption Commission Act 2022 .
(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.
Part 1 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 12 December 2022 |
Parts 2 to 9 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 1 July 2023 (F2023N00078) |
Part 10, Division 1 | The day after this Act receives the Royal Assent. | 13 December 2022 |
Part 10, Divisions 2 to 4 | At the same time as the provisions covered by table item 2. | 1 July 2023 |
Parts 11 to 13 | At the same time as the provisions covered by table item 2. | 1 July 2023 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The objects of this Act include the following:
(a) to facilitate:
(i) the detection of corrupt conduct; and
(ii) the timely investigation of corruption issues that could involve corrupt conduct that is serious or systemic;
(b) to enable, after investigation of a corruption issue, the referral of persons for criminal prosecution, civil proceedings or disciplinary action;
(c) to prevent corrupt conduct;
(d) to educate and provide information about corruption and the detrimental effects of corruption on public administration and the Australian community.
This Act provides for the appointment of the National Anti‑Corruption Commissioner, and establishes the National Anti‑Corruption Commission.
The Commissioner is able to investigate corruption issues that could involve corrupt conduct that is serious or systemic.
A corruption issue is an issue of whether a person has engaged, is engaging or will engage in corrupt conduct.
Corrupt conduct is defined in section 8, and can only be:
(a) conduct by a public official; or
(b) conduct that adversely affects, or that could adversely affect, the honest or impartial exercise or performance of a public official’s powers, functions or duties.
Part 4 provides special protections for persons who refer corruption issues, or provide other information, under this Act.
Parts 5 to 7 set out processes for referring, dealing with and investigating corruption issues.
Requirements for reporting on corruption investigations are found in Part 8.
The Commissioner can also:
(a) conduct broader public inquiries into corruption risks and prevention measures within Commonwealth agencies; and
(b) provide education and information in relation to corrupt conduct and preventing that conduct.
The work of the Commission is overseen by the Parliamentary Joint Committee on the National Anti‑Corruption Commission.
The Inspector of the National Anti‑Corruption Commission assists with this oversight, in particular with corruption issues and complaints relating to the Commission.
This Act applies both within and outside Australia and extends to the external Territories.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
(2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
In this Act:
accountable authority has the same meaning as in the PGPA Act.
AFP means the Australian Federal Police.
AFP Commissioner means the Commissioner of Police (within the meaning of theAustralian Federal Police Act 1979 ).
agency head : see subsection 11(1).
annual report : see subsections 198(1) and 271(1).
Australia , when used in a geographical sense, includes the external Territories.
Australian Geospatial‑Intelligence Organisation means that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation.
Australian travel document has the same meaning as in theAustralian Passports Act 2005 .
authorised discloser : see subsection 227(1).
authorised officer means:
(a) the Commissioner; or
(b) a Deputy Commissioner; or
(c) a person appointed under section 267 (appointment of authorised officers).
CEO means the Chief Executive Officer of the National Anti‑Corruption Commission.Note: See section 251.
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.
Commissioner means the National Anti‑Corruption Commissioner.Note: See section 16.
Committee means the Parliamentary Joint Committee on the National Anti‑Corruption Commission for the time being constituted under Division 1 of Part 10.
Commonwealth agency : see section 11.
Commonwealth company has the same meaning as in the PGPA Act.
Commonwealth contract : see subsection 13(2).
Commonwealth entity has the same meaning as in the PGPA Act.
Commonwealth integrity agency : see section 15.
completion report : see paragraph 52(b).
confiscation proceeding : see section 136.
constable means:
(a) a member or special member of the AFP; or
(b) a member of the police force or police service of a State or Territory.
container includes:
(a) a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and
(b) any baggage; and
(c) any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose.
contract includes any arrangement, agreement, deed or understanding.
contracted service provider : see section 13.
contravenes :
(a) for a certificate issued under section 235—see subsection 235(9); and
(b) for an international relations certificate—see subsection 236(8).
conveyance includes an aircraft, vehicle or vessel.
corporate Commonwealth entity has the same meaning as in the PGPA Act.
corrupt conduct : see section 8.
corruption investigation : see subsection 41(2).
corruption issue : see section 9.
criminal proceeding means a prosecution for an offence against a law of the Commonwealth or of a State or Territory.
Defence Department means the Department administered by the Minister administering Part III of theDefence Act 1903 .
Defence Intelligence Organisation means that part of the Defence Department known as the Defence Intelligence Organisation.
Deputy Commissioner means a National Anti‑Corruption Deputy Commissioner.Note: See section 18.
derivative material : see section 133.
detriment : see subsection 29(2).
direction to produce : see subsection 57(3).
entrusted person : see subsection 227(2).
exempt secrecy provision means any of the following secrecy provisions:
(a) Part 11 of the
Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 ;(b) section 34 of the
Inspector‑General of Intelligence and Security Act 1986 ;(c) a secrecy provision under the
My Health Records Act 2012 ;(d) a secrecy provision in Part VIIIA of the
Privacy Act 1988 ;(e) sections 45 and 45B of the
Surveillance Devices Act 2004 ;(f) a secrecy provision that is a provision of a taxation law within the meaning of the
Taxation Administration Act 1953 ;(g) sections 63 and 133 of the
Telecommunications (Interception and Access) Act 1979 ;(h) a secrecy provision that is expressed by another law of the Commonwealth to have effect despite this Act;
(i) anything done under a provision referred to in paragraphs (a) to (h).
Federal Court means the Federal Court of Australia.
finance law has the same meaning as in the PGPA Act.
Foreign Affairs Department : see subsection 240(3).
head :
(a) of a Commonwealth agency—see subsection 11(1); and
(b) of a State or Territory government entity—means the person holding, or performing the duties of, the principal office in respect of the entity.
hearing means a hearing held under this Act.
IGIS means the Inspector‑General of Intelligence and Security.
IGIS official means:
(a) the IGIS; or
(b) any other person covered by subsection 32(1) of the
Inspector‑General of Intelligence and Security Act 1986 .
imminent : for when a charge for an offence, or a confiscation proceeding, isimminent , see subsections 132(1) and (2).
inquiry report : see subsection 164(1).
Inspector means the Inspector of the National Anti‑Corruption Commission.Note: See section 182.
Inspector‑General of Aged Care means the Inspector‑General of Aged Care referred to in section 9 of theInspector‑General of Aged Care Act 2023 .
Inspector‑General of Animal Welfare and Live Animal Exports means the Inspector‑General of Animal Welfare and Live Animal Exports referred to in section 9 of theInspector‑General of Animal Welfare and Live Animal Exports Act 2019 .
Inspector‑General of Biosecurity means the Inspector‑General of Biosecurity appointed under section 566A of theBiosecurity Act 2015 .
Inspector‑General of the Australian Defence Force means the Inspector‑General of the Australian Defence Force referred to in section 110B of theDefence Act 1903 .
Inspector‑General of Water Compliance means the Inspector‑General of Water Compliance referred to in section 215B of theWater Act 2007 .
intelligence agency means:
(a) the Australian Geospatial‑Intelligence Organisation; or
(b) the Australian Secret Intelligence Service; or
(c) the Australian Security Intelligence Organisation; or
(d) the Australian Signals Directorate; or
(e) the Defence Intelligence Organisation; or
(f) the Office of National Intelligence.
intelligence information : see subsection 239(6).
international relations has the meaning given by section 10 of theNational Security Information (Criminal and Civil Proceedings) Act 2004 .
international relations certificate : see subsection 236(2).
investigation material : see section 99.
investigation report : see subsection 149(1).
law enforcement agency means:
(a) the AFP; or
(b) a police force or police service of a State or Territory; or
(c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or Territory.
law of the Commonwealth includes a law in force in an external Territory or the Jervis Bay Territory, so far as the law is so in force because of an Act providing for the acceptance, administration or government of that Territory.
legal aid officer : see subsection 98(5).
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 : see subsection 112(5).
medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.
NACC means the National Anti‑Corruption Commission.Note: See section 20.
NACC Act process means:
(a) a corruption investigation; or
(b) a NACC complaint investigation; or
(c) a NACC corruption investigation; or
(d) a public inquiry.
NACC Commissioner means:
(a) the Commissioner; or
(b) a Deputy Commissioner.
NACC complaint investigation : see subsection 212(2).
NACC corruption investigation : see subsection 210(2).
NACC corruption issue : see section 201.
NACC disclosure : see section 23.
NACC investigation report : see subsection 215(1).
non‑disclosure notation : see subsection 95(1).
notice to produce : see subsection 58(3).
occupier : see subsection 268(6).
official matter : see subsection 95(5).
official of a registered industrial organisation means a person who holds an office (within the meaning of theFair Work Act 2009 ) in an organisation registered, or an association recognised, under theFair Work (Registered Organisations) Act 2009 .
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
parliamentarian means:
(a) a senator; or
(b) a member of the House of Representatives; or
(c) a Minister of State (whether or not a senator or member of the House of Representatives); or
(d) a person who is taken to be the President of the Senate under the
Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or(e) a person who is taken to be the Speaker of the House of Representatives under the
Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or(f) a person to whom remuneration is payable under section 49 of the
Parliamentary Business Resources Act 2017 .
parliamentary office means the office of a parliamentarian.Note: A parliamentarian is not a staff member of the parliamentary office (see paragraph 12(5)(c)).
permanent resident of Australia : see subsection 240(4).
person assisting the Inspector: see section 195.
PGPA Act means thePublic Governance, Performance and Accountability Act 2013 .
post‑charge : see section 130.
post‑confiscation application : see section 135.
pre‑charge : see section 129.
pre‑confiscation application : see section 134.
premises includes a place, a conveyance or a container.
private hearing summons : see subsection 95(4).
proceeds of crime authority : see section 138.
prosecuting authority : see subsection 105(6).
prosecutor : see subsection 105(5).
protected information report : see sections 152, 165 and 218.
protected suspect : see subsection 132(3).
psychologist means a person registered or licensed as a psychologist under a law of a State or Territory that provides for the registration or licensing of psychologists.
public inquiry means a public inquiry conducted under Part 9.
public official : see section 10.
relevant confiscation proceeding : see section 137.
relevant offence : see section 131.
resolved : for when a charge for an offence, or a confiscation proceeding, isresolved , see section 139.
secrecy provision means:
(a) a provision of a law of the Commonwealth that purports to prohibit; or
(b) anything done, under a provision of a law of the Commonwealth, to prohibit;
any of the following:
(c) the use of information, or a document or thing;
(d) dealing with information, or a document or thing;
(e) making a record of information, or a copy of a document or thing;
(f) the disclosure or publication of information;
(g) the production of, or the publication of the contents of, a document;
(h) the production of a thing;
(i) access to information, a document or a thing;
regardless of whether the provision of the law of the Commonwealth:
(j) commenced before the commencement of this definition; or
(k) is expressed to apply despite any other law.
section 235 certified information means:
(a) information that is about a matter specified in a certificate in force under section 235; or
(b) information contained in a document specified in a certificate in force under section 235.
security matter : see subsection 237(4).
sensitive information : see subsection 227(3).
serious offence : see subsection 112(6).
staff member :
(a) of a Commonwealth agency—see section 12;
(b) of the NACC—see section 266.
State or Territory government entity means:
(a) a Department of a State or Territory; or
(b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.
statutory office holder : see section 14.
subsidiary has the same meaning as in the PGPA Act.
summons means a summons issued under section 63.
superior court judge : see subsection 90(3).
takes a reprisal : see section 29.
travel document : see subsection 88(2).
witness :
(a) means a person who:
(i) is required to comply with a notice to produce; or
(ii) is summoned to attend a hearing; or
(iii) gives evidence at a hearing; and
(b) in relation to investigation material, has the meaning given by subsection 99(4); and
(c) in relation to derivative material, has the meaning given by subsection 99(5).
(1) Each of the following is
corrupt conduct :
(a) any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly:
(i) the honest or impartial exercise of any public official’s powers as a public official; or
(ii) the honest or impartial performance of any public official’s functions or duties as a public official;
(b) any conduct of a public official that constitutes or involves a breach of public trust;
(c) any conduct of a public official that constitutes, involves or is engaged in for the purpose of abuse of the person’s office as a public official;
(d) any conduct of a public official, or former public official, that constitutes or involves the misuse of information or documents acquired in the person’s capacity as a public official.
(2) However, paragraph (1)(a) does not apply in relation to conduct of the following:
(a) the Governor‑General;
(b) a Deputy Governor‑General;
(c) a Justice of the High Court or a judge of a court created by the Parliament;
(d) a judge of a court of a State or Territory;
(e) a member of a Royal Commission;
(f) the Inspector, or a person assisting the Inspector.
(3) To avoid doubt, paragraph (1)(a) covers a public official’s own conduct, if it has, or could have, the specified adverse effects in relation to the public official’s powers, functions or duties.
Conduct before commencement
(4) Conduct may be
corrupt conduct even though it occurred before the commencement of this section.(5) Conduct involving a public official may be
corrupt conduct even though the person was no longer a public official when this section commenced.
Judicial powers, functions and duties
(6)
Corrupt conduct does not include conduct engaged in by a staff member of the High Court or of a court created by the Parliament to exercise a power, or perform a function or duty, of a judicial nature.(7) Conduct is not
corrupt conduct under paragraph (1)(a) to the extent that it affects the exercise of a power, or the performance of a function or duty, of a judicial nature by a public official who is a staff member of the High Court or of a court created by the Parliament.
Note: A Justice of the High Court or a judge of a court created by the Parliament is not a staff member of a Commonwealth agency: see paragraph 12(5)(d).
Conduct need not be for personal benefit
(8) Conduct involving a public official may be
corrupt conduct even if the conduct is not for the person’s personal benefit.
Conduct alone or with others
(9) A person may engage in
corrupt conduct alone, or with the agreement or participation of other persons (whether or not those other persons are public officials).
Conduct amounting to conspiracy or attempt
(10) Conduct comprising conspiracy or an attempt to commit or engage in conduct covered by subsection (1) is itself
corrupt conduct .
Conducting parliamentary business using public resources
(11) To avoid doubt, the use by a parliamentarian, or a staff member of a Commonwealth agency, of public resources to conduct parliamentary business in accordance with the following does not constitute
corrupt conduct :
(a) the
Parliamentary Business Resources Act 2017 ;(b) the
Members of Parliament (Staff) Act 1984 .(12) Terms used in subsection (11) that are defined in the
Parliamentary Business Resources Act 2017 have the same meaning in that subsection as they do in that Act.
Political activities
(13) To avoid doubt, conduct engaged in as part of a political activity does not constitute
corrupt conduct if the conduct does not involve or affect either of the following:
(a) the exercise of a power, or the performance of a function or duty, by a public official;
(b) the use of public resources (within the meaning of the PGPA Act).
(1) A
corruption issue is an issue of whether a person:
(a) has engaged in corrupt conduct; or
(b) is engaging in corrupt conduct; or
(c) will engage in corrupt conduct.
(2) A NACC corruption issue is not a
corruption issue .Note: See section 201 for the definition of a
NACC corruption issue .
(1) Each of the following is a
public official :
(a) a parliamentarian;
(b) a staff member of a Commonwealth agency;
(c) a staff member of the NACC.
(2) A person who is acting for and on behalf of, or as a deputy or delegate of, any person or body set out in subsection (1) is also a
public official .
(1) A body or office specified in column 1 of an item in the following table is a
Commonwealth agency , and thehead (oragency head ) of that agency is the person specified in column 2 of that item.
1 | A parliamentary office | The parliamentarian |
2 | A Commonwealth entity | Whichever of the following applies:
|
3 | A Commonwealth company | Whichever of the following applies:
|
4 | A subsidiary of: (a) a Commonwealth company; or (b) a corporate Commonwealth entity | Whichever of the following applies:
|
5 | The High Court | The Chief Executive and Principal Registrar of the High Court |
6 | The Australian Geospatial‑Intelligence Organisation | The Director of the Australian Geospatial‑Intelligence Organisation |
7 | The Defence Intelligence Organisation | The Director of the Defence Intelligence Organisation |
7A | The Inspector‑General of Animal Welfare and Live Animal Exports | The Inspector‑General of Animal Welfare and Live Animal Exports |
8 | The Inspector‑General of the Australian Defence Force | The Inspector‑General of the Australian Defence Force |
9 | The Inspector‑General of Biosecurity | The Inspector‑General of Biosecurity |
11 | The Inspector‑General of Water Compliance | The Inspector‑General of Water Compliance |
12 | A body prescribed by the regulations for the purposes of this item that is established for a public purpose by, or under, a law of the Commonwealth (other than a general law allowing incorporation as a company or body corporate) | The person prescribed by the regulations for the purposes of this item |
(2) To avoid doubt, each of the following is taken to be a Commonwealth agency in its own right, and not part of a Department:
(a) the Australian Geospatial‑Intelligence Organisation;
(b) the Defence Intelligence Organisation;
(ba) the Inspector‑General of Animal Welfare and Live Animal Exports;
(c) the Inspector‑General of the Australian Defence Force;
(d) the Inspector‑General of Biosecurity;
(f) the Inspector‑General of Water Compliance.
(3) Despite subsection (1), the NACC is not a
Commonwealth agency .
(1) The following are
staff members of a Commonwealth agency:
(a) in the case of a parliamentary office—an individual who is employed by the parliamentarian under the
Members of Parliament (Staff) Act 1984 ;(b) in the case of an agency other than a parliamentary office—the head of the agency;
(c) if the agency is a Commonwealth entity—an official (within the meaning of the PGPA Act) of the entity;
(d) in any case—an individual who is employed by, or engaged in assisting:
(i) the agency; or
(ii) a staff member of the agency on behalf of the agency or the Commonwealth;
(e) a director or officer of the following:
(i) a Commonwealth company;
(ii) a subsidiary of a corporate Commonwealth entity or a Commonwealth company;
(f) if the agency is responsible for administering a Commonwealth contract—an individual who is either of the following:
(i) a contracted service provider for the contract;
(ii) both an officer or employee of a contracted service provider for the contract and someone who provides goods or services for the purposes (whether direct or indirect) of the contract;
(g) in any case—a secondee to the agency.
(2) However, if a Commonwealth agency is covered by an item of the following table then the
staff members of the agency are the persons mentioned in paragraphs (1)(b), (f) and (g) and the persons mentioned in column 2 of that item.
1 | The High Court | An individual who is appointed or engaged as an officer or employee of the High Court under section 26 of the |
2 | Either of the following:
(b) the Defence Intelligence Organisation | An individual who is employed in the agency or a member of the Australian Defence Force who is engaged in the agency |
2A | The Inspector‑General of Animal Welfare and Live Animal Exports | An individual acting under the authority of the Inspector‑General of Animal Welfare and Live Animal Exports |
3 | The Inspector‑General of Biosecurity | An individual engaged under the |
5 | The Inspector‑General of Water Compliance | An individual engaged under the |
6 | The Inspector‑General of the Australian Defence Force | A member of the staff of the Inspector‑General of the Australian Defence Force |
7 | The Administrative Review Tribunal | Each of the following:
|
(3) An individual who:
(a) is covered by column 1 of an item of the following table; and
(b) is not a staff member of a Commonwealth agency under subsection (1) or (2);
is a
staff member of the agency identified under column 2 of that item.
1 | An individual who is a statutory office holder | Whichever of the following applies:
|
2 | An individual (other than an official of a registered industrial organisation) who exercises powers, or performs functions, conferred on the individual by or under a provision of a law of the Commonwealth, other than by or under:
| Whichever of the following applies:
|
3 | An individual who is a director, officer, employee or contractor of a body corporate that exercises powers, or performs functions, conferred on the body corporate by or under a provision of a law of the Commonwealth, other than by or under:
| Whichever of the following applies:
|
4 | An individual who holds an appointment under section 67 of the Constitution | The Department administered by the Prime Minister |
Providing for individuals to be staff members of a different agency
(4) The regulations may provide that an individual who would otherwise be a staff member of a particular Commonwealth agency under subsection (1), (2) or (3) is a staff member of a different Commonwealth agency.
Certain individuals are not staff members
(5) Despite anything else in this section, none of the following is a
staff member of a Commonwealth agency:
(a) the Governor‑General;
(b) a Deputy Governor‑General;
(c) a parliamentarian;
(d) a Justice of the High Court or a judge of a court created by the Parliament;
(e) a judge of a court of a State or Territory;
(f) a member of a Royal Commission;
(g) a staff member of the NACC;
(h) the Inspector, or a person assisting the Inspector.
(1) A
contracted service provider for a Commonwealth contract is:
(a) a person (other than the Commonwealth or a Commonwealth agency) who:
(i) is a party to the Commonwealth contract; and
(ii) is responsible for the provision of goods or services (or both) under the Commonwealth contract; or
(b) a person who:
(i) is a party to a contract (the
subcontract ) with a person who is a contracted service provider for the Commonwealth contract under paragraph (a) (or under a previous application of this paragraph); and(ii) is responsible under the subcontract for the provision of goods or services (or both) for the purposes (whether direct or indirect) of the Commonwealth contract.
(2) A
Commonwealth contract is a contract:
(a) to which the Commonwealth or a Commonwealth agency is a party; and
(b) under which goods or services (or both) are to be, or were to be, provided:
(i) to the Commonwealth or the Commonwealth agency, as relevant; or
(ii) in connection with the activities of the Commonwealth or the Commonwealth agency, as relevant.
Note:
Contract is defined in section 7 to include any arrangement, agreement, deed or understanding.(3) Despite subsection (1), the following are not
contracted service providers for a Commonwealth contract:
(a) a State or Territory government entity;
(b) the government of a foreign country, or of a part of a foreign country;
(c) a person in a class prescribed by the regulations for the purposes of this paragraph.
(1) A
statutory office holder is an individual (other than an official of a registered industrial organisation) who holds an office or appointment under a law of the Commonwealth, other than under:
(a) a general law allowing incorporation as a company or body corporate; or
(b) the
Australian Capital Territory (Self‑Government) Act 1988 ; or(c) the
Northern Territory (Self‑Government) Act 1978 ; or(d) a provision of a law prescribed by the regulations for the purposes of this paragraph.
(2) Despite paragraph (1)(a), the following offices and appointments are
statutory office holders :
(a) the office of Registrar, or Deputy Registrar, of Aboriginal and Torres Strait Islander Corporations under the
Corporations (Aboriginal and Torres Strait Islander) Act 2006 ;(b) the office of a member of a committee convened under Part 2 of Schedule 2 to the
Corporations Act 2001 ;(c) any other office or appointment prescribed by the regulations for the purposes of this paragraph.
Each of the following office holders, together with their staff (if any), is a
Commonwealth integrity agency :
(a) the Commonwealth Ombudsman, a Deputy Commonwealth Ombudsman, the Defence Force Ombudsman, the Postal Industry Ombudsman, the Overseas Students Ombudsman, the Private Health Insurance Ombudsman, the VET Student Loans Ombudsman and the National Student Ombudsman;
(b) the Australian Public Service Commissioner;
(c) the Merit Protection Commissioner;
(d) the Auditor‑General;
(e) the AFP Commissioner;
(f) the Parliamentary Service Commissioner;
(g) the Parliamentary Service Merit Protection Commissioner;
(h) the Australian Information Commissioner;
(i) the CEO of the ACC (within the meaning of the
Australian Crime Commission Act 2002 );(j) the IGIS;
(k) the Inspector‑General of Taxation;
(l) the Chief Executive Officer of the Tertiary Education Quality and Standards Agency;
(la) the Inspector‑General of Animal Welfare and Live Animal Exports;
(m) the Inspector‑General of Biosecurity;
(o) the Inspector‑General of Water Compliance;
(p) the Inspector‑General of the Australian Defence Force;
(pa) the Inspector‑General of Aged Care;
(pb) a Commissioner of the Independent Parliamentary Standards Commission;
(q) any other statutory office holder that:
(i) has functions that include investigating, or inquiring into, action taken by public officials; and
(ii) is prescribed by the regulations for the purposes of this subparagraph.
There is to be a National Anti‑Corruption Commissioner.
Note: For provisions in relation to the Commissioner’s appointment, see Division 1 of Part 12.
The Commissioner has the following functions:
(a) to detect corrupt conduct;
(b) to conduct preliminary investigations into corruption issues or possible corruption issues;
(c) to conduct corruption investigations into corruption issues that could involve corrupt conduct that is serious or systemic;
(d) to report on corruption investigations and public inquiries;
(e) to refer corruption issues to Commonwealth agencies and State or Territory government entities;
(f) to oversee investigations into corruption issues conducted by Commonwealth agencies;
(g) to conduct public inquiries into:
(i) the risk of corrupt conduct occurring; and
(ii) measures directed at dealing with that risk and preventing that conduct;
(h) to provide education and information in relation to corrupt conduct and preventing that conduct;
(i) to collect, correlate, analyse and disseminate general information and intelligence about corrupt conduct;
(j) to report, and make recommendations, to the Minister concerning the need for, or desirability of, legislative or administrative reform in relation to any matters dealt with by this Act;
(k) to provide relevant information and documents to the Committee;
(l) to receive public interest disclosures (within the meaning of the
Public Interest Disclosure Act 2013 ) and to deal with those disclosures;(m) any other functions conferred on the Commissioner by this Act or another Act;
(n) to do anything incidental or conducive to the performance of any of the above functions.
There are to be up to 3 National Anti‑Corruption Deputy Commissioners.
Note: For provisions in relation to a Deputy Commissioner’s appointment, see Division 1 of Part 12.
(1) The functions of a Deputy Commissioner are:
(a) to assist the Commissioner in performing the Commissioner’s functions; and
(b) any other function conferred on a Deputy Commissioner by this Act or another Act.
(2) In performing those functions, a Deputy Commissioner must comply with any directions of the Commissioner.
(3) A direction under subsection (2) is not a legislative instrument.
(1) The National Anti‑Corruption Commission (the
NACC ) is established by this section.(2) For the purposes of the finance law:
(a) the NACC is a listed entity; and
(b) the CEO is the accountable authority of the NACC; and
(c) the staff members of the NACC (as defined in section 266) are officials of the NACC; and
(d) the purposes of the NACC include:
(i) the functions of the Commissioner referred to in section 17; and
(ii) the functions of a Deputy Commissioner referred to in section 19; and
(iii) the functions of the NACC referred to in section 22; and
(iv) the functions of the CEO referred to in section 252.
The NACC consists of:
(a) the Commissioner; and
(b) any Deputy Commissioners; and
(c) the CEO; and
(d) the staff referred to in section 262.
The NACC has the following functions:
(a) to assist the Commissioner in performing the Commissioner’s functions;
(b) to assist any Deputy Commissioner in performing the Deputy Commissioner’s functions.
A person makes a
NACC disclosure if:
(a) the person refers, or provides other information about, a corruption issue to the Commissioner or the IGIS under Part 5; or
(b) the person refers, or provides other information about, a NACC corruption issue to the Inspector under section 202 or 203; or
(c) the person gives evidence or information, or produces a document or a thing, under this Act to a NACC Commissioner, the IGIS or the Inspector in relation to any of the following:
(i) a corruption issue;
(ii) a NACC Act process;
(iii) a NACC corruption issue;
(iv) a complaint made in relation to the conduct or activities of the NACC or a staff member of the NACC.
(1) If a person makes a NACC disclosure:
(a) the person is not subject to any civil, criminal or administrative liability (including disciplinary action) for the NACC disclosure; and
(b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the NACC disclosure.
(2) Without limiting subsection (1):
(a) the person has absolute privilege in proceedings for defamation in respect of the NACC disclosure; and
(b) a contract to which the person is a party must not be terminated on the basis that the NACC disclosure constitutes a breach of the contract.
(1) Section 24 does not apply to civil, criminal or administrative liability (including disciplinary action) for knowingly making a statement that is false or misleading.
(2) Without limiting subsection (1), section 24 does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the
Criminal Code .
To avoid doubt, whether the person’s disclosure of their own conduct is a NACC disclosure does not affect the person’s liability for the conduct.
(1) If, in civil or criminal proceedings (the
primary proceedings ) instituted against a person in a court, the person makes a claim (relevant to the proceedings) that, because of section 24, the person is not subject to any civil, criminal or administrative liability for making a particular NACC disclosure:
(a) the person bears the onus of adducing or pointing to evidence that suggests a reasonable possibility that the claim is made out; and
(b) if the person discharges that onus—the party instituting the primary proceedings against the person bears the onus of proving that the claim is not made out; and
(c) the court must deal with the claim in separate proceedings; and
(d) the court must adjourn the primary proceedings until the claim has been dealt with; and
(e) none of the following:
(i) any admission made by the person in the separate proceedings;
(ii) any information given by the person in the separate proceedings;
(iii) any other evidence adduced by the person in the separate proceedings;
is admissible in evidence against the person except in proceedings in respect of the falsity of the admission, information or evidence; and
(f) if the person or another person gives evidence in the separate proceedings in support of the claim—giving that evidence does not amount to a waiver of privilege for the purposes of the primary proceedings or any other proceedings.
(2) To avoid doubt, a right under section 126K of the
Evidence Act 1995 not to be compelled to give evidence is a privilege for the purposes of paragraph (1)(f) of this section.
Section 24 has effect despite any other provision of a law of the Commonwealth, unless:
(a) the provision is enacted after the commencement of this section; and
(b) the provision is expressed to have effect despite this Part or that section.
(1) A person (the
first person )takes a reprisal against another person (thesecond person ) if:
(a) the first person engages in conduct that:
(i) results in detriment to the second person; or
(ii) consists of, or results in, a threat to cause detriment to the second person; and
(b) when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:
(i) has made a NACC disclosure; or
(ii) may have made a NACC disclosure; or
(iii) proposes to make a NACC disclosure; or
(iv) could make a NACC disclosure; and
(c) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.
(2)
Detriment includes (without limitation) any of the following:
(a) dismissal of an employee;
(b) injury of an employee in their employment;
(c) alteration of an employee’s position to their disadvantage;
(d) discrimination between an employee and other employees of the same employer;
(e) harassment or intimidation of a person;
(f) harm or injury to a person, including psychological harm;
(g) damage to a person’s property;
(h) damage to a person’s reputation;
(i) damage to a person’s business or financial position;
(j) any other damage to a person.
(3) Despite subsection (1), a person does not
take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.
Taking a reprisal—by causing detriment
(1) A person (the
first person ) commits an offence in relation to another person (thesecond person ) if:
(a) the first person engages in conduct; and
(b) engaging in the conduct results in detriment to the second person; and
(c) when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:
(i) has made a NACC disclosure; or
(ii) may have made a NACC disclosure; or
(iii) proposes to make a NACC disclosure; or
(iv) could make a NACC disclosure; and
(d) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.
Penalty: Imprisonment for 2 years.
Taking a reprisal—by a threat to cause detriment
(2) A person (the
first person ) commits an offence in relation to another person (thesecond person ) if:
(a) the first person engages in conduct; and
(b) engaging in the conduct consists of, or results in, a threat to cause detriment to the second person; and
(c) the first person is reckless as to whether the second person fears that the threat would be carried out; and
(d) when the conduct is engaged in, the first person believes or suspects that the second person, or any other person:
(i) has made a NACC disclosure; or
(ii) may have made a NACC disclosure; or
(iii) proposes to make a NACC disclosure; or
(iv) could make a NACC disclosure; and
(e) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.
Penalty: Imprisonment for 2 years.
(3) Subsection (2) applies whether or not the threat mentioned in paragraph (2)(b) is:
(a) express or implied; or
(b) conditional or unconditional.
Exception—reasonable administrative action
(4) Subsections (1) and (2) do not apply if the conduct engaged in by the first person is administrative action that is reasonable to protect the second person from detriment.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the
Criminal Code ).
No requirement to prove matters related to a NACC disclosure
(5) In a prosecution for an offence against this section, it is not necessary to prove that any person:
(a) has made a NACC disclosure; or
(b) may have made a NACC disclosure; or
(c) proposes to make a NACC disclosure; or
(d) could make a NACC disclosure.
Note 1: The offences against subsections (1) and (2) relate to whether the first person has taken a reprisal (within the meaning of section 29) against the second person.
Note 2: The offence against subsection (1) relates to a reprisal that consists of causing detriment to another person. The offence against subsection (2) relates to a reprisal that involves a threat to cause detriment to another person.
Note 3: For actions that constitute a
detriment , see subsection 29(2).Note 4: Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness (see subsection 5.4(4) of the
Criminal Code ).
Application
(1) This section applies if:
(a) a person (the
informant ) gives information, whether directly or indirectly:
(i) to another person who works in a professional capacity as a journalist; and
(ii) the information is given in the normal course of the journalist’s work as a journalist; and
(b) the journalist reasonably believes that the informant has provided the information on the express or implied understanding that the informant’s identity would not be disclosed.
Protection of informant’s identity
(2) None of the following is required to do anything under this Act that would disclose the identity of the informant or enable that identity to be ascertained:
(a) the journalist;
(b) the journalist’s employer;
(c) a person assisting the journalist who is employed or engaged by the journalist’s employer;
(d) a person assisting the journalist in the person’s professional capacity.
(3) If the journalist is a staff member of a Commonwealth agency, the reference in subsection (2) to the journalist’s employer is taken to include a reference to the head of the agency.
Search powers exception
(4) However, this section does not prevent an authorised officer from doing anything the authorised officer would otherwise be able to do in exercising powers under Part IAA of the
Crimes Act 1914 for the purposes of this Act (see section 119 (search warrants, and stopping and searching conveyances)).Note: A public interest test applies to the issue of search warrants involving journalists: see the modifications made by section 124 to the applied search powers of the
Crimes Act 1914 .
(1) Any person may refer a corruption issue or provide other information about a corruption issue to the Commissioner.
(2) The Commissioner may request the referral or information to be:
(a) given in a particular way; or
(b) accompanied or supported by further information.
(1) An agency head who becomes aware of a corruption issue must refer the issue to the Commissioner if:
(a) the issue concerns the conduct of a person who is, or was, a staff member of the agency while that person is, or was, a staff member; and
(b) the agency head suspects that the issue could involve corrupt conduct that is serious or systemic.
(2) The agency head must state in the referral the reasons why the agency head suspects that the issue could involve corrupt conduct that is serious or systemic.
(3) Subsection (1) does not apply in relation to an intelligence agency.
(1) The head of an intelligence agency who becomes aware of a corruption issue must refer the issue to the IGIS or the Commissioner if:
(a) the issue concerns the conduct of a person who is, or was, a staff member of the intelligence agency while that person is, or was, a staff member; and
(b) the head suspects that the issue could involve corrupt conduct that is serious or systemic.
(2) The head must state in the referral the reasons why the head suspects that the issue could involve corrupt conduct that is serious or systemic.
(3) If the head refers the issue to the Commissioner, the head must, as soon as reasonably practicable, notify the IGIS.
(4) If the head refers the issue to the IGIS, and the IGIS is satisfied that the issue is likely to involve corrupt conduct that is serious or systemic, the IGIS must refer the issue to the Commissioner.
(1) This section applies if a staff member of a Commonwealth agency (the
PID officer ), in the course of performing or exercising functions or powers under Division 1 or 2 of Part 3 of thePublic Interest Disclosure Act 2013 (including as a delegate), becomes aware of a corruption issue that:
(a) concerns the conduct of a person who is, or was, a staff member of the agency while that person is, or was, a staff member; and
(b) the PID officer suspects could involve corrupt conduct that is serious or systemic.
(2) The PID officer must refer the corruption issue to:
(a) in the case of a Commonwealth agency other than an intelligence agency—the Commissioner; or
(b) in the case of an intelligence agency—the IGIS or the Commissioner.
Corruption issues that relate to intelligence agencies
(3) If the PID officer refers a corruption issue that relates to an intelligence agency to the Commissioner, the PID officer must, as soon as reasonably practicable, notify the IGIS.
(4) If the PID officer refers a corruption issue that relates to an intelligence agency to the IGIS, and the IGIS is satisfied that the issue is likely to involve corrupt conduct that is serious or systemic, the IGIS must refer the issue to the Commissioner.
Notification to discloser
(5) If the PID officer became aware of the corruption issue as a result of an internal disclosure made under the
Public Interest Disclosure Act 2013 , the PID officer must, as soon as reasonably practicable, notify the discloser of the PID officer’s referral of the issue under this section.
The obligation to refer a corruption issue under this Division applies despite any secrecy provision (other than an exempt secrecy provision).
(1) A person is not required to refer a corruption issue under this Division if:
(a) the person believes on reasonable grounds that the Commissioner or the IGIS, as relevant, is already aware of the issue; or
(b) a determination made by the Commissioner provides that referral is not required because of the kind of corruption issue involved or the circumstances in which it arises.
(2) The Commissioner may, in writing, determine corruption issues and circumstances for the purposes of paragraph (1)(b).
(3) A determination under subsection (2) is not a legislative instrument.
Timing requirements
(1) A person who is required to refer a corruption issue under this Division must do so as soon as reasonably practicable after becoming aware of the issue or within such later time as is allowed by the Commissioner.
Information requirements
(2) A person who is required to refer a corruption issue under this Division must include with the referral all information relevant to the issue that is in the person’s possession or control at the time the referral is made.
(3) If the person subsequently becomes aware of any further information that is relevant to the issue, the person must give the further information to the recipient of the referral as soon as reasonably practicable.
Exceptions to information requirements
(4) A person is not required to provide information under this section if:
(a) the person has reasonable grounds to believe that the recipient of the referral is already aware of the information; or
(b) the recipient of the referral has advised the person that the provision of information about the corruption issue is not required.
Note: This section has effect subject to section 236 (Attorney‑General’s certificate in relation to international relations).
The referral of a corruption issue under this Part does not:
(a) subject to any direction to stop taking action given by the Commissioner under subsection 43(1), prevent a Commonwealth agency or the IGIS from continuing to take any action in relation to conduct that is the subject of the issue; or
(b) affect the obligations of the agency or the IGIS in relation to that conduct under any other law.
(1) The Commissioner may deal with a corruption issue that:
(a) is referred to the Commissioner; or
(b) the Commissioner becomes aware of in any other way.
(2) To avoid doubt, the Commissioner may deal with a corruption issue on the Commissioner’s own initiative.
(1) The Commissioner may deal with a corruption issue in any one or more of the following ways:
(a) by investigating the corruption issue;
(b) by investigating the corruption issue jointly with a Commonwealth agency or a State or Territory government entity;
(c) by referring, for investigation, the corruption issue to a Commonwealth agency to which the corruption issue relates (if the Commissioner is satisfied that the agency has appropriate capabilities to investigate the issue);
(d) by referring, for consideration, the corruption issue to a Commonwealth agency or a State or Territory government entity.
(2) An investigation mentioned in paragraph (1)(a) or (b) is a
corruption investigation .
Corruption investigation threshold—serious or systemic corrupt conduct
(3) The Commissioner may conduct, or continue to conduct, a corruption investigation only if the Commissioner is of the opinion that the issue could involve corrupt conduct that is serious or systemic.
General matters
(4) Corruption issues may be investigated together.
(5) The Commissioner may, at any time, reconsider whether or how to deal with a corruption issue.
Commissioner may decide to take no action
(6) The Commissioner may decide to take no action in relation to a corruption issue.
Commissioner under no duty to consider whether to deal with corruption issue
(7) The Commissioner does not have a duty to consider whether to deal with a corruption issue under this section, whether the Commissioner is requested to do so by the person who referred the issue or by any other person, or in any other circumstances.
Application
(1) This section applies if the Commissioner considers it necessary or desirable to conduct a preliminary investigation for any of the following purposes:
(a) to confirm the existence or nature of a corruption issue (including whether a corruption issue could involve corrupt conduct that is serious or systemic);
(b) to assist the Commissioner to decide whether or how to deal with a corruption issue.
Exercise of certain Part 7 powers for preliminary investigations
(2) The Commissioner may exercise the following Part 7 powers as if the preliminary investigation mentioned in subsection (1) were a corruption investigation:
(a) the power, under subsection 57(2), to direct the head of a Commonwealth agency to give information, or a document or a thing, to the Commissioner;
(b) the power, under subsection 58(2) as modified by subsection (3) of this section, to serve a notice to produce on a person requiring the person to give information, or a document or thing, to a specified staff member of the NACC.
(3) The modifications are as follows:
(a) the Commissioner may not issue a post‑charge or a post‑confiscation notice to produce under this section; and
(b) subsection 58(6) does not apply to a notice to produce given under this section.
(4) To avoid doubt, the other provisions of this Act continue to apply in relation to the exercise of powers under subsections 57(2) and 58(2) for the purpose of conducting a preliminary investigation under this section.
Commissioner may have regard to other material
(5) This section does not limit the information, documents or things to which the Commissioner may have regard in making a decision about whether or how to deal with a corruption issue.
Directions to stop action
(1) The Commissioner may direct an agency head to stop the agency taking specified action in relation to a corruption issue that concerns the agency, unless the action is permitted by the Commissioner.
(2) However, the direction may be given only if:
(a) the Commissioner has consulted with the agency head about giving the direction; and
(b) the direction is required to ensure the effectiveness of any action the Commissioner has taken, or might take, under this Act in relation to the corruption issue, or any other corruption issue.
(3) The direction must be revoked if it is no longer so required.
Permission to take other action
(4) If the agency head requests the Commissioner to permit the taking of particular action, the Commissioner must:
(a) as soon as practicable after the request is made, decide whether to permit the taking of the action; and
(b) if the Commissioner refuses to permit the taking of the action—give the agency head written reasons for the refusal.
(5) However, the Commissioner need not give the reasons for a refusal if doing so would be likely to prejudice:
(a) any action the Commissioner has taken, or might take, under this Act in relation to the corruption issue, or any other corruption issue; or
(b) any action taken by any person as a result of a NACC Act process.
(6) A direction under subsection (1):
(a) is not a legislative instrument; and
(b) has effect despite any other law of the Commonwealth.
(1) Despite any direction given by the Commissioner under subsection 43(1), the following action may be taken:
(a) action to prevent or lessen an imminent risk to the safety of a person, or to protect a person’s life;
(b) action that is in the interests of the security, defence or international relations of Australia;
(c) action to prevent loss to the Commonwealth of an amount, greater than the amount (if any) prescribed by the regulations, which could not be recovered;
(d) other action for which it would be unreasonable in the circumstances to await any necessary permission.
(2) If action is taken relying on subsection (1), the agency head must:
(a) as soon as practicable, but no later than 48 hours after the action is taken, provide details of the action to the Commissioner; and
(b) take reasonable steps to:
(i) ensure that the action does not prejudice the investigation of a corruption issue or any other NACC Act process; and
(ii) preserve evidence that is, or could be, relevant for the purposes of conducting a NACC Act process.
Application
(1) This section applies if the Commissioner is aware that a Commonwealth integrity agency has previously concluded an investigation into a matter regarding the conduct of a public official.
Corruption investigation threshold—public interest
(2) The Commissioner may commence a corruption investigation into a corruption issue involving the conduct only if the Commissioner is satisfied that it is in the public interest to do so.
(3) The Commissioner may have regard to the following matters in making the decision:
(a) the significance of the corruption issue;
(b) the details of the investigation undertaken by the Commonwealth integrity agency (to the extent that those details are known by, or made available to, the Commissioner and the Commissioner considers them relevant);
(c) any conclusions or findings (however described) of the integrity agency in relation to the corruption issue;
(d) whether the Commissioner has any new evidence in relation to the corruption issue that:
(i) was not available to the integrity agency; and
(ii) would not have been obtainable by the exercise of reasonable diligence by that agency;
(e) any unfairness to a person that may arise as a result of the Commissioner conducting a further investigation into the corruption issue;
(f) the need to ensure that the corruption issue is fully investigated.
(4) Subsection (3) does not limit the matters to which the Commissioner may have regard in making the decision.
Application
(1) This section applies if conduct of a parliamentarian or a staff member of a parliamentary office has been, is or could be the subject of either of the following by the Independent Parliamentary Expenses Authority:
(a) an audit, or a review for the purpose of preparing a report, under the
Independent Parliamentary Expenses Authority Act 2017 into the use, by the parliamentarian or the staff member, of work resources or travel resources;(b) a ruling, under subsection 37(1) of the
Parliamentary Business Resources Act 2017 , concerning conduct by the parliamentarian or the staff member in relation to travel, expenses or allowances.
Restriction on corruption investigation by Commissioner
(2) The Commissioner must not commence a corruption investigation into a corruption issue involving the conduct unless:
(a) the Independent Parliamentary Expenses Authority:
(i) refers the issue to the Commissioner; and
(ii) states that the Authority considers that the issue could involve corrupt conduct that is serious or systemic; and
(b) the Commissioner is of the opinion that the issue could involve corrupt conduct that is serious or systemic.
Application
(1) This section applies if conduct of a person has been, is or could be the subject of an investigation by the Electoral Commissioner under, or into compliance with, the
Commonwealth Electoral Act 1918 .
Restriction on corruption investigation by Commissioner
(2) The Commissioner must not commence a corruption investigation into a corruption issue involving the conduct unless:
(a) the Electoral Commissioner:
(i) refers the issue to the Commissioner; and
(ii) states that the Electoral Commissioner considers that the issue could involve corrupt conduct that is serious or systemic; and
(b) the Commissioner is of the opinion that the issue could involve corrupt conduct that is serious or systemic.
Exception—officers and staff members of the Electoral Commission
(3) This section does not apply in relation to conduct of an officer (within the meaning of the
Commonwealth Electoral Act 1918 ), or a member of the staff of the Commission (within the meaning of that Act).
(1) The Commissioner may make a public statement about a corruption issue at any time (whether or not the Commissioner deals with the issue).
(2) Without limiting subsection (1), the Commissioner may make a public statement if the Commissioner is satisfied that it is appropriate and practicable to do so to avoid damage to a person’s reputation.
(3) Subsection (1) is subject to subsections 230(4) to (6) and section 231 as if a public statement under this section were a disclosure under section 230.
This Division applies if the Commissioner deals with a corruption issue by referring it to a Commonwealth agency for investigation under paragraph 41(1)(c).
(1) The Commissioner may oversee the investigation.
(2) If the Commissioner decides to oversee the investigation, the Commissioner must notify the agency head.
(1) The Commissioner may give the agency directions about the planning and conduct of the investigation.
(2) The directions may be given to the agency’s nominated contact for the investigation.
(3) The agency head must ensure that the agency follows the Commissioner’s directions.
The Commissioner may require the agency head to provide either or both of the following:
(a) progress reports on the investigation from time to time;
(b) a report (the
completion report ) on the completion of the investigation.
(1) If the Commissioner requires an agency head to provide a completion report, the Commissioner may do either or both of the following:
(a) comment on the report;
(b) provide additional recommendations in relation to the report.
Opportunity to respond must be given before including certain information in completion reports
(2) Before making a comment on, or a recommendation in relation to, a completion report that is critical (either expressly or impliedly) of a Commonwealth agency, a State or Territory government entity or any other person, the Commissioner must give the head of the agency, the head of the entity or the other person concerned:
(a) a statement setting out the comment or recommendation; and
(b) a reasonable opportunity to respond to the comment or recommendation.
(3) The response may be given by:
(a) the head of the Commonwealth agency or of the State or Territory government entity concerned, or a person authorised by the head; or
(b) in relation to any other person concerned—the other person concerned, or, with approval, a person representing the other person.
(1) If the Commissioner requires an agency head to provide a completion report, the Commissioner may request the head to give the Commissioner, within a specified time, details of any action that the head has taken, or proposes to take, with respect to:
(a) a recommendation included in the report; or
(b) a recommendation made by the Commissioner in relation to the report.
(2) The agency head must comply with the request.
(3) If the Commissioner is not satisfied with the response of the agency head to the request, the Commissioner may refer to the person mentioned in subsection (4):
(a) the recommendation; and
(b) if the recommendation is made by the Commissioner—the reasons for the recommendation; and
(c) the response of the head of the agency to the recommendation; and
(d) the Commissioner’s reasons for not being satisfied with that response.
(4) For the purposes of subsection (3), the person is:
(a) if the Commonwealth agency is a parliamentary office:
(i) for a parliamentarian who is a senator—the President of the Senate; or
(ii) for a parliamentarian who is a member of the House of Representatives—the Speaker of the House of Representatives; or
(b) if the Commonwealth agency is a Department of the Parliament established under the
Parliamentary Service Act 1999 :
(i) for the Department of the Senate—the President of the Senate; or
(ii) for the Department of the House of Representatives—the Speaker of the House of Representatives; or
(iii) otherwise—both the President of the Senate and the Speaker of the House of Representatives; or
(c) if the Commonwealth agency is established or continued in existence by an Act and paragraph (b) does not apply—the Minister administering that Act; or
(d) if the Commonwealth agency is a Commonwealth entity and neither paragraph (b) nor (c) applies—the Minister having general responsibility for the activities of the entity.
(5) If the Commissioner refers material to a person under subsection (3), the Commissioner may also send a copy of that material to:
(a) the President of the Senate for presentation to the Senate; and
(b) the Speaker of the House of Representatives for presentation to the House of Representatives.
(6) The Commissioner must exclude the following from the copy of the material sent under subsection (5):
(a) section 235 certified information;
(b) information that the Commissioner is satisfied is sensitive information.
(7) Before sending a copy of material under subsection (5), the Commissioner must consult with the head of each Commonwealth agency or State or Territory government entity to which the material relates about whether the material contains sensitive information.
This Part applies:
(a) to the Commissioner’s investigation of a corruption issue that could, in the Commissioner’s opinion, involve corrupt conduct that is serious or systemic; and
(b) whether the investigation is conducted:
(i) by the Commissioner only; or
(ii) jointly by the Commissioner and a Commonwealth agency or a State or Territory government entity.
The Commissioner may investigate the corruption issue in such manner as the Commissioner thinks fit.
(1) This section applies if the Commissioner has reasonable grounds to suspect that a Commonwealth agency has information, or a document or thing, relevant to a corruption investigation.
(2) The Commissioner may, by writing, direct the head of the Commonwealth agency to give the information, document or thing to a specified staff member of the NACC.
(3) The direction is a
direction to produce .(4) The agency head must comply with the request as soon as practicable.
(1) This section applies if the Commissioner has reasonable grounds to suspect that a person has information, or a document or thing, relevant to a corruption investigation.
(2) The Commissioner may, by notice in writing, require the person to give the information, document or thing to a specified staff member of the NACC.
Note: Disclosing the existence of a notice, or any information about it, may be prohibited: see Subdivision A of Division 4 (use and disclosure of certain information and material).
(3) The notice is a
notice to produce .(4) If the notice is a post‑charge or a post‑confiscation application notice, the Commissioner must also have reasonable grounds to suspect that the information, documents or things are necessary for the purposes of the investigation even though:
(a) the person has been charged or the confiscation proceeding has commenced; or
(b) that charge or proceeding is imminent.
(5) The notice:
(a) must:
(i) be served on the person; and
(ii) be signed by the Commissioner; and
(iii) specify the period within which, and the manner in which, the person must comply with the notice; and
(b) may require information be given in writing.
(6) The matters in relation to which the Commissioner may require the person to give the information, document or thing include:
(a) the subject matter of any charge, or imminent charge, against the person; and
(b) the subject matter of any confiscation proceeding, or imminent confiscation proceeding, against the person.
(7) The Commissioner may serve the notice without holding a hearing.
(1) The period specified for complying with a notice to produce must end at least 14 days after the notice is served, unless the Commissioner considers that allowing a 14‑day period would significantly prejudice a corruption investigation.
(2) If a shorter period is specified, the Commissioner must record, in writing:
(a) the name of the investigation; and
(b) why a 14‑day period would significantly prejudice the investigation.
Extending the period
(3) The person on whom the notice is served may apply to the Commissioner, in writing, to extend the period for complying with the notice.
(4) The application must be made before the period specified in the notice expires, or as soon as possible after that.
(5) The Commissioner may extend the period whether or not an application has been made.
Record of compliance
(6) If the person gives the information, document or thing, as required by the notice, the Commissioner must:
(a) keep a written record of that fact; and
(b) give a copy of the record to the person on request.
(1) A person commits an offence if:
(a) the person is served with a notice to produce; and
(b) the person fails to comply with the notice:
(i) unless subparagraph (ii) applies—within the period specified in the notice; or
(ii) if the Commissioner extends the period—within that period as extended.
Note: For protection for journalists’ informants, see section 31, for international relations certificates, see section 236, and for other privileges and protections, see Division 6 of this Part.
Penalty: Imprisonment for 2 years.
(2) Subsection (1) does not apply if it is not reasonably practicable for the person to comply with the notice within the required period.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the
Criminal Code .
(1) A person commits an offence if:
(a) the person is served with a notice to produce; and
(b) the person gives information or a document as required by the notice; and
(c) the person does so knowing that the information or document:
(i) is false or misleading; or
(ii) omits any matter or thing without which the information or document is misleading.
Penalty: Imprisonment for 5 years.
(2) Subsection (1) does not apply if the information or document is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the
Criminal Code .
(1) The Commissioner may hold a hearing for the purposes of a corruption investigation.
(2) Subject to this Division, a hearing may be conducted in such manner as the Commissioner thinks fit.
Information relating to intelligence agencies
(3) If the Commissioner considers that a person appearing at a hearing may disclose intelligence information relating to an intelligence agency, the Commissioner must conduct the hearing in a manner consistent with any arrangement in force between the Commissioner and the head of the agency.
(1) If the Commissioner has reasonable grounds to suspect that a person has evidence relevant to a corruption investigation, the Commissioner may summon the person:
(a) to attend a hearing at a time and place specified in the summons to give evidence; and
(b) to attend from day to day unless excused, or released from further attendance, by the Commissioner.
Note: Disclosing the existence of a private hearing summons, or any information about it, may be prohibited: see Subdivision A of Division 4 (use and disclosure of certain information and material).
(2) If the Commissioner has reasonable grounds to suspect that a person has particular information, or a particular document or thing, relevant to the corruption investigation, the summons may also require the person to:
(a) give the Commissioner the information at the hearing; or
(b) produce the document or thing at the hearing.
(3) If the summons is a post‑charge or a post‑confiscation application summons, the Commissioner must also have reasonable grounds to suspect that the evidence, information, document or thing is necessary for the purposes of the investigation even though:
(a) the person has been charged or the confiscation proceeding has commenced; or
(b) that charge or proceeding is imminent.
(4) The summons must:
(a) be in writing and signed by the Commissioner; and
(b) be served on the person required to attend the hearing.
(5) The Commissioner must record in writing the reasons for the summons. The record must be made at or before the time the summons is issued.
(6) The matters in relation to which the Commissioner may summon a person to give evidence or information, or produce a document or thing, at a hearing include:
(a) the subject matter of any charge, or imminent charge, against the person; and
(b) the subject matter of any confiscation proceeding, or imminent confiscation proceeding, against the person.
(7) The Commissioner may vary the time or place specified in a summons. This subsection does not limit subsection 33(3) of the
Acts Interpretation Act 1901 .(8) The Commissioner must give to the Inspector, within 3 business days after the summons is issued:
(a) a copy of the summons; and
(b) a copy of the record made under subsection (5).
(9) A summons is not invalid merely because the Commissioner does not comply with subsection (8).
(1) A summons requiring a person to give evidence must set out, so far as is reasonably practicable, the general nature of the matters in relation to which the Commissioner intends to question the person.
(2) However, subsection (1):
(a) does not apply if the Commissioner is satisfied that complying with that subsection is likely to prejudice:
(i) the corruption investigation to which the hearing relates or any other NACC Act process; or
(ii) any action taken as a result of a NACC Act process; and
(b) does not prevent the Commissioner from questioning the person in relation to any aspect of any corruption investigation.
(1) The Commissioner may require a witness at a hearing to give information, or produce a document or thing, to the Commissioner.
(2) Subsection (1) applies whether or not the information, document or thing was specified in the summons for the person to attend the hearing.
(1) A person giving evidence at a hearing may be represented by a legal practitioner.
(2) A person who is not giving evidence may be represented at a hearing by a legal practitioner if:
(a) special circumstances exist; and
(b) the Commissioner consents to the person being so represented.
(3) Subsection (2) does not apply to the extent the direction relates to the CEO’s performance of functions or exercise of powers under the following Acts in relation to the NACC:
(a) the PGPA Act;
(b) the
Public Service Act 1999 .(4) A direction under subsection (1) is not a legislative instrument.
Appointment by Governor‑General
(1) The CEO is to be appointed by the Governor‑General, by written instrument, on the recommendation of the Minister.
(2) Before the Minister makes a recommendation to the Governor‑General:
(a) the Minister must have referred the proposed recommendation to the Commissioner; and
(b) the Commissioner must have approved the proposed recommendation.
Qualification for appointment
(3) A person must not be appointed as the CEO unless the Commissioner is satisfied that the person has appropriate qualifications, knowledge or experience.
Period of appointment
(4) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: The CEO may be reappointed: see section 33AA of the
Acts Interpretation Act 1901 .
Basis of appointment
(5) The CEO must be appointed on a full‑time basis.
The Commissioner may, by written instrument, appoint a person to act as the CEO:
(a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the CEO:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the
Acts Interpretation Act 1901 .
(1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.
(2) The CEO is to be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the
Remuneration Tribunal Act 1973 .
(1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Commissioner may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
The CEO must not engage in paid work outside the duties of the CEO’s office without the Commissioner’s approval.
The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commissioner.
(1) The CEO may resign the CEO’s appointment by giving the Governor‑General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
(1) The Governor‑General may terminate the appointment of the CEO:
(a) for misbehaviour; or
(b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.
(2) The Governor‑General must terminate the appointment of the CEO if:
(a) the CEO:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the CEO’s creditors; or
(iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or
(b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the CEO engages, except with Commissioner’s approval, in paid work outside the duties of the CEO’s office (see section 258); or
(d) the CEO fails, without reasonable excuse, to comply with section 29 of the PGPA Act (which deals with the duty to disclose interests) or rules made for the purposes of that section.
(1) The staff of the NACC must be persons engaged under the
Public Service Act 1999 .(2) For the purposes of the
Public Service Act 1999 :
(a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and
(b) the CEO is the Head of that Statutory Agency.
(1) The CEO may, on behalf of the Commonwealth, engage consultants to assist in the performance of the NACC’s functions.
(2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.
(1) The NACC may be assisted by:
(a) officers and employees of Agencies (within the meaning of the
Public Service Act 1999 ), and of authorities of the Commonwealth, whose services are made available to the NACC in connection with the performance of any of the NACC’s functions; and(b) persons whose services are made available under arrangements made under subsection (2).
(2) The CEO may, on behalf of the Commonwealth, make an arrangement with the appropriate authority or officer of:
(a) a State or Territory government; or
(b) a State or Territory government authority; or
(c) a government body or authority of a foreign country;
under which the government or authority makes officers or employees available to the NACC to perform services in connection with the performance of any of the NACC’s functions.
(3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory or foreign country with respect to the services of a person to whom the arrangement relates.
(4) When performing services for the NACC under this section, a person is subject to the directions of the CEO and a NACC Commissioner.
(5) To avoid doubt, a constable assisting the NACC continues to have, and may exercise, all their functions, powers and duties as such a constable.
Note: For
constable , see section 7.
The CEO may appoint a legal practitioner to assist the NACC or a NACC Commissioner as counsel:
(a) generally; or
(b) in relation to a particular corruption investigation.
Each of the following is a
staff member of the NACC:
(a) the Commissioner;
(b) any Deputy Commissioners;
(c) the CEO;
(d) a member of the staff referred to in section 262;
(e) a consultant engaged under section 263;
(f) a person referred to in section 264 whose services are made available to the NACC;
(g) a legal practitioner appointed under section 265.
(1) The Commissioner may, in writing, appoint a person to be an authorised officer for the purposes of Part 7 (investigating corruption issues).
(2) The person may exercise such powers of an authorised officer under Part 7 as are specified in the appointment.
(3) The person must be:
(a) a staff member of the NACC:
(i) who the Commissioner considers has suitable qualifications or experience; or
(ii) who is also a member of the AFP; or
(iii) who is also a member of the police force or police service of a State or Territory; or
(b) a member of the AFP.
(4) A person who is a member of a police force or police service (including the AFP) must not be appointed as an authorised officer unless the head (however described) of the force or service agrees to the appointment.
(5) In exercising powers as an authorised officer, the person must comply with any directions given by the Commissioner.
(6) If a direction under subsection (5) is given in writing, the direction is not a legislative instrument.
(1) The Commissioner must issue an identity card to a person who is an authorised officer for the purposes of Part 7 (investigating corruption issues).
(2) An identity card:
(a) must be in the form approved in writing by the Minister; and
(b) must contain a recent photograph of the authorised officer.
Identity card to be carried and produced on request
(3) An authorised officer must carry the identity card at all times when exercising powers as an authorised officer in accordance with Part 7.
(4) An authorised officer is not entitled to exercise any powers under Part 7 in relation to premises if:
(a) the occupier of the premises requires the authorised officer to produce the authorised officer’s identity card for inspection by the occupier; and
(b) the authorised officer fails to comply with the requirement.
(5) An authorised officer is not entitled to exercise any powers under Part 7 in relation to a person if:
(a) the person requires the authorised officer to produce the authorised officer’s identity card for inspection by the person; and
(b) the authorised officer fails to comply with the requirement.
(6) The
occupier of premises is the person apparently in charge of the premises.
Offence
(7) A person commits an offence if:
(a) the person has been issued with an identity card; and
(b) the person ceases to be an authorised officer; and
(c) the person does not return the identity card to the Commissioner within 14 days after ceasing to be an authorised officer.
Penalty: 60 penalty units.
(8) An offence against subsection (7) is an offence of strict liability.
(9) Subsection (7) does not apply if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9): see subsection 13.3(3) of the
Criminal Code .
(1) A staff member of the NACC 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 Commissioner requests, in writing, to assist a staff member of the NACC 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.
A staff member of the NACC 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 powers or the performance of duties as such a staff member; or
(b) to register any vehicle, vessel, animal or article belonging to the Commonwealth.
(1) The Commissioner must give the Minister, for presentation to each House of the Parliament, a report (the
annual report ) on the performance of the Commissioner’s functions during each financial year.Note: See also section 34C of the
Acts Interpretation Act 1901 , which contains extra rules about annual reports.(2) The annual report for each financial year must include:
(a) the particulars prescribed by the regulations about the following:
(i) corruption issues referred to the Commissioner during that year;
(ii) corruption issues dealt with by the Commissioner during that year;
(iii) corruption investigations conducted by the Commissioner during that year;
(iv) corruption issues that the Commissioner referred to a Commonwealth agency or State or Territory government entity for investigation during that year;
(v) public inquiries conducted by the Commissioner during that year;
(vi) certificates issued by the Attorney‑General under section 235 during that year;
(vii) international relations certificates issued during that year; and
(b) a description of the corruption investigations conducted by the Commissioner during that year that the Commissioner considers raise significant issues for, or reflect developments in, Commonwealth agencies; and
(c) a description of any patterns or trends, and the nature and scope, of corruption in Commonwealth agencies or by public officials that have come to the Commissioner’s attention during that year; and
(d) any recommendations for changes to the laws of the Commonwealth or administrative practices of Commonwealth agencies that the Commissioner, as a result of performing the Commissioner’s functions during that year, considers should be made; and
(e) the extent to which corruption investigations have resulted in the prosecution in that year of persons for offences; and
(f) the extent to which corruption investigations have resulted in confiscation proceedings in that year; and
(g) the details of the number and results of:
(i) applications made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the
Administrative Decisions (Judicial Review) Act 1977 for orders of review in respect of matters arising under this Act in connection with the performance of functions or exercise of powers by the Commissioner; and(ii) other court proceedings involving the Commissioner;
being applications and proceedings that were determined, or otherwise disposed of, during that year.
(3) The Minister must table the annual report in each House of the Parliament within 15 sitting days of that House after its receipt.
(4) A report prepared under this section may be included in a report prepared and given to the Minister under section 46 of the PGPA Act in relation to the NACC.
The Commissioner must exclude the following from the annual report:
(a) section 235 certified information;
(b) information that the Commissioner is satisfied is sensitive information.
(1) This section applies if an annual report includes a finding or opinion that a person has engaged, is engaging or will engage in corrupt conduct or conduct that could constitute or involve corrupt conduct.
(2) The finding or opinion does not constitute a finding or opinion that the person is guilty of or has committed, is committing or will commit an offence.
Apart from section 181 (committee’s access to certain information), this Act does not affect the law relating to the powers, privileges and immunities of any of the following:
(a) each House of the Parliament;
(b) the members of each House of the Parliament;
(c) the committees of each House of the Parliament and joint committees of both Houses of the Parliament.
To avoid doubt, this Act is a law of the Commonwealth relating to criminal matters for the purposes of sections 4AAA and 4AAB of the
Crimes Act 1914 .Note: Sections 4AAA and 4AAB of the
Crimes Act 1914 deal with the performance of functions, and the exercise of powers, that are neither judicial nor incidental to a judicial function by judges, magistrates and justices of the peace.
General delegations
(1) The Commissioner may delegate all or any of the Commissioner’s functions, powers or duties to:
(a) a Deputy Commissioner; or
(b) a staff member of the NACC:
(i) who is an SES employee or acting SES employee; or
(ii) who holds, or is acting in, an Executive Level 2, or equivalent, position.
Appointment of CEO and decision to take no action
(2) Despite subsection (1), the Commissioner:
(a) must not delegate the Commissioner’s duty under subsection 254(3) (appointment of CEO); and
(b) may delegate the Commissioner’s power under subsection 41(6) (decision to take no action in relation to a corruption issue) to any staff member of the NACC.
Limits on general delegations
(3) Paragraph (1)(b) does not apply:
(a) to a function, power or duty under:
(i) Subdivisions A to D of Division 3 (hearings) of Part 7; or
(ii) Division 7 (search powers) of Part 7; or
(iii) Part 8 (reporting on corruption investigations); or
(iv) Part 9 (public inquiries), other than the provisions of Part 7 as applied by section 163 (and not covered by subparagraph (i) or (ii)); or
(v) section 230 (disclosure by authorised discloser in public interest); or
(vi) this section; or
(b) in relation to making an arrangement mentioned in subsection 239(1) (arrangements for dealing with intelligence information).
(4) To avoid doubt, the reference in subparagraphs (3)(a)(i) and (ii) to Part 7 includes a reference to that Part as applied by section 163.
Form of delegation
(5) A delegation under this section must be in writing and signed by the Commissioner.
Complying with directions
(6) In performing or exercising a function, power or duty delegated under subsection (1) or paragraph (2)(b), the delegate must comply with any directions of the Commissioner.
General delegations
(1) The Inspector may delegate all or any of the Inspector’s functions, powers or duties to a person assisting the Inspector who:
(a) is an SES employee, or acting SES employee; or
(b) holds, or is acting in, an Executive Level 2, or equivalent, position.
Decision to take no action
(2) Despite subsection (1), the Inspector may delegate the Inspector’s powers under the following provisions to any person assisting the Inspector:
(a) subsection 210(6) (decision to take no action in relation to a NACC corruption issue);
(b) section 214A (Inspector’s powers to conduct reviews).
Limits on general delegations
(3) Subsection (1) does not apply to a function, power or duty under:
(a) Subdivisions A to D of Division 3 (hearings) of Part 7 (as modified by section 214); or
(b) paragraph 184(1)(eb) (recommendations on outcomes of reviews); or
(c) Subdivision B of Division 4 of Part 10 (reporting on NACC corruption investigations and NACC complaint investigations); or
(d) section 230 (disclosure by authorised discloser in public interest); or
(e) in relation to making an arrangement mentioned in subsection 239(3) (arrangements for dealing with intelligence information); or
(f) this section.
Form of delegation
(4) A delegation under this section must be in writing and signed by the Inspector.
Complying with directions
(5) In performing or exercising a function, power or duty delegated under subsection (1) or (2), the delegate must comply with any directions of the Inspector.
(1) The head of a Commonwealth agency may delegate all or any of the head’s functions, powers or duties under this Act to a staff member of that agency who is:
(a) an SES employee or acting SES employee; or
(b) an individual who is concerned in, or takes part in, the management of the agency.
Limits on delegations
(2) Subsection (1) does not apply in relation to making an arrangement mentioned in subsection 239(1) (arrangements for dealing with intelligence information).
Complying with directions
(3) In performing a function or duty, or exercising a power, under subsection (1), the delegate must comply with any directions of the head of the agency.
Undertaking the review
(1) The Minister must cause a review to be undertaken of the first 5 years of the operation of:
(a) this Act; and
(b) the amendments made by the
National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022 .(2) The review must be undertaken by one or more persons who, in the Minister’s opinion, possess appropriate qualifications to undertake the review.
Report to Minister
(3) The person or persons undertaking the review must give the Minister a written report of the review within 12 months after the end of the 5‑year period.
Submissions
(4) The review must include an opportunity for the following to make written submissions on the operation of this Act:
(a) persons who are or have been public officials;
(b) members of the public.
Assistance
(5) An entrusted person 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
(6) The Minister must cause a copy of the report of the review to be laid before each House of the Parliament as soon as practicable after its receipt by the Minister.
Section not to apply if review conducted by Parliamentary committee
(7) However, this section does not apply if a committee of one or both Houses of the Parliament (including the Parliamentary Joint Committee on the National Anti‑Corruption Commission) has reviewed the operation of this Act, or started such a review, before the end of the 5‑year period.
(1) The Commissioner may make written guidelines to assist any or all of the following in connection with the operation of this Act:
(a) public officials;
(b) any other person the Commissioner considers appropriate.
(2) Guidelines made under subsection (1) are not a legislative instrument.
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed by the regulations; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may:
(a) prescribe arrangements for the Commonwealth to provide financial assistance in respect of the following:
(i) a person’s representation at a hearing by a legal practitioner;
(ii) an 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;(iii) any other matter arising under, or in relation to, this Act; or
(b) 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.
Appropriation
(3) The Consolidated Revenue Fund is appropriated for the purposes of making payments to, or for the benefit of, parliamentarians or former parliamentarians under arrangements prescribed for the purposes of paragraph (2)(a) (arrangements for providing financial assistance).
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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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 |
National Anti‑Corruption Commission Act 2022 | 88, 2022 | 12 Dec 2022 | s 8–171 and 182–280: 1 July 2023 (s 2(1) items 2, 4, 5) s 172–181: 13 Dec 2022 (s 2(1) item 3) Remainder: 12 Dec 2022 (s 2(1) item 1) | |
Public Interest Disclosure Amendment (Review) Act 2023 | 23, 2023 | 19 June 2023 | Sch 4 (items 3–5): 1 July 2023 (s 2(1) item 5) | Sch 4 (item 5) |
Inspector‑General of Aged Care (Consequential and Transitional Provisions) Act 2023 | 56, 2023 | 17 Aug 2023 | Sch 1 (items 5, 6): 16 Oct 2023 (s 2(1) item 1) | — |
Members of Parliament (Staff) Amendment Act 2023 | 71, 2023 | 19 Sept 2023 | Sch 4 (item 18): 17 Oct 2023 (s 2(1) item 5) | — |
Inspector‑General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023 | 73, 2023 | 20 Sept 2023 | Sch 2 (item 3): 21 Sept 2023 (s 2(1) item 3) | — |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 4 (item 54): 18 Oct 2023 (s 2(1) item 3) | — |
Inspector‑General of Live Animal Exports Amendment (Animal Welfare) Act 2023 | 108, 2023 | 4 Dec 2023 | Sch 1 (items 24–33): 5 Dec 2023 (s 2(1) item 1) | — |
Parliamentary Business Resources Legislation Amendment (Review Implementation and Other Measures) Act 2024 | 31, 2024 | 30 May 2024 | Sch 1 (item 62): Sch 3: 31 May 2024 (s 2(1) item 3) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 2 (item 96): 14 Oct 2024 (s 2(1) item 2) | — |
Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Act 2024 | 86, 2024 | 17 Sept 2024 | Sch 1 (item 14): 14 Oct 2024 (s 2(1) item 3) | — |
Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024 | 93, 2024 | 24 Oct 2024 | Sch 1 (items 44–47): 24 Nov 2024 (s 2(1) item 2) | Sch 1 (item 47) |
Universities Accord (National Student Ombudsman) Act 2024 | 139, 2024 | 10 Dec 2024 | Sch 1 (item 10): 1 Feb 2025 (s 2(1) item 2) | — |
s 7............................................. | am No 56, 2023; No 74, 2023; No 108, 2023 |
s 11............................................ | am No 108, 2023 |
s 12............................................ | am No 71, 2023; No 108, 2023; No 39, 2024 |
s 15............................................ | am No 56, 2023; No 108, 2023; No 86, 2024; No 139, 2024 |
s 29............................................ | am No 23, 2023 |
s 30............................................ | rs No 23, 2023 |
s 46............................................ | am |
s 101.......................................... | am No 73, 2023 |
s 126.......................................... | am No 93, 2024 |
s 280.......................................... | am No 31, 2024 |
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