Untitled document

Independent Broad-based Anti-corruption Commission Amendment Regulations 2016

S.R. No. 70/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Prescribed bodies and persons

6Provision of legal assistance to witnesses

7Confidentiality notice

8Witness summons for preliminary inquiries

9Authorisation to apply for a search warrant

10Search warrant

11Receipt for documents or things seized

12Witness summons

13Notice of application to determine privilege

14Proof of age

15Revocation of regulation 43

16New Form 1A inserted in the Schedule

17Amendments to Forms in the Schedule

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Endnotes

STATUTORY RULES 2016

S.R. No. 70/2016

Independent Broad-based Anti-corruption Commission Act 2011

Independent Broad-based Anti-corruption Commission Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 21 June 2016

Responsible Minister:

GAVIN JENNINGS
Special Minister of State

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Independent Broad-based Anti-corruption Commission Regulations 2013 to make a range of amendments as a consequence of the Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016.

2Authorising provisions

These Regulations are made under sections 195 and 196 of the Independent Broad-based Anti‑corruption Commission Act 2011.

3Commencement

These Regulations come into operation on 1 July 2016.

4Principal Regulations

In these Regulations, the Independent Broad‑based Anti-corruption Commission Regulations 2013[1] are called the Principal Regulations.

5Prescribed bodies and persons

(1)For regulation 5(1)(f) of the Principal Regulations substitute—

"(f)the Chief Municipal Inspector appointed under section 223A of the Local Government Act 1989; and

(g)municipal monitors appointed under section 223CA of the Local Government Act 1989.".

(2)After regulation 5(2) of the Principal Regulations, insert—

"(3)For the purposes of the definition of senior officer in sections 41(5) and 163(9) of the Act, the following positions and classes of position are prescribed—

(a)an executive employed under Division 5 of Part 3 of the Public Administration Act 2004;

(b)a Deputy Commissioner of Police, Assistant Commissioner of Police or commander appointed under the Victoria Police Act 2013;

(c)a senior officer employed under Division 3 of Part 4 of the Local Government Act 1989;

(d)a Court Chief Executive Officer employed under Division 2 of Part 4 of the Court Services Victoria Act 2014.".

6Provision of legal assistance to witnesses

In regulation 14 of the Principal Regulations, for "Justice" substitute "Premier and Cabinet".

7Confidentiality notice

In regulation 32 of the Principal Regulations, for "The" substitute "For the purposes of section 42(2)(a) of the Act, the".

8Witness summons for preliminary inquiries

After regulation 32 of the Principal Regulations insert—

"32A   Witness summons for preliminary inquiry

For the purposes of section 59F(2)(a) of the Act, the prescribed form of a witness summons is Form 1A in the Schedule.".

9Authorisation to apply for a search warrant

In regulation 33 of the Principal Regulations, for "The" substitute "For the purposes of section 91(2) of the Act, the".

10Search warrant

In regulation 34 of the Principal Regulations, for "The" substitute "For the purposes of section 91(5) of the Act, the".

11Receipt for documents or things seized

In regulation 35 of the Principal Regulations, for "The" substitute "For the purposes of section 93(2) of the Act, the".

12Witness summons

(1)For the heading to regulation 36 of the Principal Regulations substitute—

"Witness summons for investigation".

(2)In regulation 36 of the Principal Regulations, for "The" insert "For the purposes of section 121(3)(a) of the Act, the".

13Notice of application to determine privilege

In regulation 38 of the Principal Regulations, for "The" substitute "For the purposes of sections 59M, 100 and 147, the".

14Proof of age

In regulation 41 of the Principal Regulations, for "section" substitute "sections 59H(2) and".

15Revocation of regulation 43

Regulation 43 of the Principal Regulations is revoked.

16New Form 1A inserted in the Schedule

After Form 1 of the Schedule to the Principal Regulations insert—

"FORM 1A

Regulation 32A

Independent Broad-based Anti-corruption Commission Act 2011

WITNESS SUMMONS FOR PRELIMINARY INQUIRY

To: [insert name of person to whom witness summons is directed]

Address: [insert address]

THIS WITNESS SUMMONS IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS WITNESS SUMMONS MAY BE AN OFFENCE. PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

*A CONFIDENTIALITY NOTICE IS ATTACHED TO THIS WITNESS SUMMONS. PLEASE READ IT BEFORE DISCUSSING THIS WITNESS SUMMONS WITH ANYONE.

* You should note that your right to disclose the existence of this witness summons may be limited by the attached confidentiality notice.

The Independent Broad-based Anti-corruption Commission requires you under section 59F of the Independent Broad-based Anti-corruption Commission Act 2011 to attend to produce documents or other things for the purposes of a preliminary inquiry.

When and where must you attend?

You must attend at [insert address] *immediately/*on [insert date] at [insert time] *a.m./*p.m.

What are you required to do?

You will be required to produce to the IBAC the following documents or things that are in your possession or control:

[specify documents or things]

[name]

[title]

Date: [insert date]

[attach statement outlining specified matters with respect to the witness summons]

* Delete if not applicable.

__________________".

17Amendments to Forms in the Schedule

(1)In Form 2 of the Schedule to the Principal Regulations, for "I" substitute "In accordance with section 91 of the Independent Broad-based Anti-corruption Commission Act 2011, I".

(2)In Form 2 of the Schedule to the Principal Regulations omit "or (6)".

(3)In Form 3 of the Schedule to the Principal Regulations, for "Judge of the Supreme Court of Victoria" substitute "*Judge of the Supreme Court of Victoria/*Magistrate".

(4)In Form 3 of the Schedule to the Principal Regulations, for "Judge" substitute "*Judge/*Magistrate".

(5)In Form 4 of the Schedule to the Principal Regulations, after "[title]" insert "This receipt is authorised under section 93 of the Independent Broad-based Anti-corruption Commission Act2011.".

(6)In Form 5 of the Schedule to the Principal Regulations, for "WITNESS SUMMONS" (where first occurring) substitute "WITNESS SUMMONS FOR INVESTIGATION".

(7)In Form 5 of the Schedule to the Principal Regulations, for "The Independent Broad-based Anti-corruption Commission" substitute "In accordance with section 120 of the Independent Broad-based Anti-corruption Commission Act 2011, the Independent Broad‑based Anti-corruption Commission".

(8)In Form 5 of the Schedule to the Principal Regulations, for "for examination by" substitute "to".

(9)In Form 7 of the Schedule to the Principal Regulations, for "section 147" substitute "*section 59M/*section 100/*section 147".

(10)In Form 8 of the Schedule to the Principal Regulations, for "The Independent Broad-based Anti-corruption Commission" substitute "In accordance with section 153 of the Independent Broad-based Anti-corruption Commission Act 2011, the Independent Broad‑based Anti-corruption Commission".

(11)In Form 9 of the Schedule to the Principal Regulations, after "order." insert "This statement is issued in accordance with section 155 of the Independent Broad-based Anti-corruption Commission Act 2011.".

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ENDNOTES

[1] Reg. 4: S.R. No. 5/2013 as amended by S.R. No. 5/2013.