Untitled document
Integrity and Accountability Legislation Amendment Act 2012
No. 82 of 2012
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Independent Broad-based Anti-corruption Commission Act 2011
3Definitions
4Obligation on staff employed or engaged under section 29 not
to make public comment5Unauthorised disclosures
6Disclosure of information by the IBAC
7Disclosure subject to confidentiality notice
8Notice of dismissal, investigation or referral of complaint or notification
9Conducting investigations about corrupt conduct
10Referral of complaint or notification for investigation by
another person or body11Notice of withdrawal of referral
12Return of things seized from police personnel premises
13Heading to section 82E amended
14Witness summons and content and form of witness summons
15Witness already held in custody
16Legal representation of witnesses and other persons
17Specific provisions relating to witnesses
18Actions to be taken before questioning of a witness or requiring production of a document or other thing
19Bail pending court appearance for contempt
20Advice to a complainant and other person
21Outcome of investigation
22New sections 101A and 101B inserted
101ADisclosure of transferred restricted matter
101BOffence to disclose certain information received from
the IBAC
23Exemption from Freedom of Information Act 1982
24New sections 112 and 113 inserted
112Regulations dealing with transitional matters
113Schedule
25Schedule of savings and transitional provisions inserted
SCHEDULE—Savings and Transitional Provisions
1Definitions
2General transitional provisions
3Office of Police Integrity and office of Director abolished
4IBAC succeeds Office of Police Integrity
5Superseded references to Director
6Transfer of records, information and documents
7Transferred protected information
8Confidentiality
9Annual reports and other reports
10Complaints
11Own motion investigations
12Chief Commissioner of Police to respond to the IBAC
13Direction to require answers etc. of police
14Witness summonses and related matters
15Examinations
16Legal assistance for witnesses
17Witness already held in custody
18Confidentiality notices
19Legal professional privilege
20Arrest of recalcitrant witness
21Powers of entry, search and seizure
22Protection of persons, documents and other things
23Investigations completed but proceedings not commenced
24Contempt of Director
25Exemption from Freedom of Information Act 1982 under section 51 of the PIA
Part 3—Victorian Inspectorate Act 2011
26Definitions
27Objects of Act
28Functions of the Victorian Inspectorate
29Delegation
30Section 27 substituted
27Obligation on persons employed or engaged under section 24 or engaged under section 25
31Disclosure and provision of information
32New section 28BA inserted
28BASpecial provisions applying in respect of functions
under section 9(2)(g) and (h) and Major Crime (Investigative Powers) Act 2004
33Victorian Inspectorate may provide or disclose information
for specified purposes34Restrictions on compelling production or disclosure
35Confidentiality notice
36Coercive questioning
37Complaints
38Investigation of complaint
39Own motion investigation
40Conduct of investigation
41Requirement to provide assistance
42Conduct of inquiry
43Witness summons
44Content and form of witness summons
45Legal representation of witnesses and other persons
46Specific provisions relating to witnesses
47Actions to be taken before questioning of a witness or
requiring production of a document or other thing48Powers of entry, inspection and seizure
49Offence for summoned witness to fail to produce document
or other thing50Privileges and secrecy generally
51Privilege against self-incrimination abrogated—witness summons
52Contempt of the Victorian Inspectorate
53Bail pending court appearance for contempt
54New sections 35E and 35F inserted
35ERecommendation to the Chief Examiner
35FRecommendation for further action
55Special reports
56Advice to a complainant
57Outcome of investigation
58New section 37A inserted
37APowers of Victorian Inspectorate after investigation
59Matters to be included in annual report
60Exemption from FOI Act
61New sections 42A and 42B inserted
42ARegulations dealing with transitional matters
42BSchedule
62Schedule of savings and transitional provisions inserted
SCHEDULE—Savings and Transitional Provisions
1Definitions
2General transitional provisions
3SIM and office of SIM abolished
4Victorian Inspectorate succeeds SIM
5Superseded references to SIM
6Transfer of records, information and documents
7Reports to the Victorian Inspectorate
8Complaints to the Victorian Inspectorate—PIA
9Complaints and investigations about administrative action taken in the OPI
10Other powers of the Victorian Inspectorate
11Annual report
Part 4—Consequential and Other Amendments
Division 1—Telecommunications (Interception) (State Provisions) Act 1988
63Purposes
64Definitions
65Documents to be given to the Minister
66Documents to be given by State Police Minister to Commonwealth Minister
67Functions of the Office of Police Integrity
68Heading to Part 3 amended
69Functions—generally
70Section 11 substituted
11Regular inspections of records of Police Force
71Reports
72Section 13 amended
73Division 3 of Part 3 substituted
Division 3—Inspection of records of the IBAC
14Regular inspections of records of the IBAC
15Reports
16Victorian Inspectorate may report on contraventions
74Definitions for Division 4 of Part 3
75Section 18 amended
76Power to obtain relevant information
77Headings to sections 20 and 20B amended
78Section 20C substituted
20CDelegation by Victorian Inspectorate
79Copies of reports for Commonwealth Minister
80Offences relating to inspections under Part 3
81New sections 25 and 26 inserted
25Transitional provisions—Independent Broad-based Anti-corruption Commission Act 2011
26Transitional provisions—Victorian Inspectorate Act 2011
Division 2—Crimes (Assumed Identities) Act 2004
82Definitions
83Determination of applications
84Delegation of chief officer's functions
85New section 37 inserted
37Transitional provisions—Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012
Division 3—Crimes (Controlled Operations) Act 2004
86Definitions
87Unauthorised disclosure of information
88Chief officers' reports
89Annual report by Special Investigations Monitor
90Inspection of records by Special Investigations Monitor
91Delegations within the Office of Police Integrity
92New section 48 inserted
48Savings provision
93New section 60 inserted
60Transitional provisions—Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012
Division 4—Firearms Act 1996
94Definitions
95Persons from whom and to whom a dealer can acquire and dispose of firearms
96Offence to acquire a firearm without a permit
97Offence to carry or use a firearm in certain places
98Offence to possess, carry or use a firearm on private property without consent
99Non-prohibited Persons who are Exempt from Requirement
to hold a Licence under Part 2
Division 5—Fisheries Act 1995
100Definitions for Part 7A
101Unauthorised disclosure of information
102Secretary's reports
103Section 131T amended
104Section 131W amended
105New section 163E inserted
163ETransitional provision—Integrity and
Accountability Legislation Amendment Act 2012
Division 6—Major Crime (Investigative Powers) Act 2004
106Definitions
107Preliminary requirements
108Restriction on publication of evidence
109Heading to Part 5 amended
110Section 51 substituted
51Functions of the Victorian Inspectorate under this Part
111Section 52 amended
112Section 53 amended
113Section 54 substituted
54Complaint to Victorian Inspectorate
114Section 55 repealed
115Section 56 repealed
116Recommendations by Special Investigations Monitor
117Section 58 substituted
58Requirement to provide assistance
118Powers of entry and access
119Requirement to answer questions and produce documents
120Section 61 amended
121Report on operation of this Part
122Crown privilege or secrecy does not apply
123Obstruction
124Delegation
125Obligations of Chief Commissioner
126Secrecy
127Exemption from Freedom of Information Act 1982
128New sections 71 and 72 inserted
71Transitional provision—Complaints to the SIM
72Transitional provision—First annual report
Division 7—Sex Offenders Registration Act 2004
129Purpose and objects
130Definitions
131Appeal against order
132When order takes effect
133Sections 66A and 66B amended
134Powers in relation to monitoring
135Reports on monitoring compliance
136Exclusion of liability
137New section 73D inserted
73DTransitional provision—Integrity and
Accountability Legislation Amendment Act 2012
Division 8—Surveillance Devices Act 1999
138Definitions
139Permitted use of local protected information
140Sections 30P and 30Q amended
141New sections 43 and 44 inserted
43Transitional provisions—Integrity and
Accountability Legislation Amendment Act 201244Transitional provisions—Public Interest Monitor
and repeal of Police Integrity Act 2008
Division 9—Wildlife Act 1975
142Definitions for Part IX
143Unauthorised disclosure of information
144Secretary's reports
145Sections 74P and 74S amended
146New section 97 inserted
97Transitional provision—Integrity and
Accountability Legislation Amendment Act 2012
Part 5—Repeal and Further Consequential Amendments
Division 1—Repeal
147Major Crime (Special Investigations Monitor) Act 2004 repealed
Division 2—Independent Broad-based Anti-corruption
Commission Amendment (Investigative Functions) Act 2012
148Delegation powers and other amendments to the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012
149Section 14 amended
150Section 15 amended
9GADocuments to be given to Minister
9GBDocuments to be given by State Minister to Commonwealth Minister
Division 3—Amendments to Independent Broad-based Anti-corruption Commission Amendment (Examinations) Act 2012
and Victorian Inspectorate Act 2011
151Statute law revision and other amendments
152Delegation powers and repeal of spent amending provisions
Division 4—Other amendments
153Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012
154Evidence Amendment (Journalist Privilege) Act 2012
Division 5—Further consequential amendments
155Commissioner for Law Enforcement Data Security
Act 2005156Confiscation Act 1997—Application for monitoring order
157Confiscation Act 1997—New section 187 inserted
187Transitional—Independent Broad-based Anti-corruption Commission Act 2011
158Control of Weapons Act 1990
159Crimes Act 1958
160Criminal Procedure Act 2009
161Drugs, Poisons and Controlled Substances Act 1981
162Information Privacy Act 2000
163Legal Aid Act 1978—Functions and powers
164Police Regulation Act 1958
165Public Administration Act 2004
166Public Interest Monitor Act 2011
167Terrorism (Community Protection) Act 2003
168Witness Protection Act 1991
169New section 27 inserted—Witness Protection Act 1991
27Transitional provisions—Integrity and
Accountability Legislation Amendment Act 2012
Division 6—Amendment of other Acts relating to notifications
and other matters
170Accident Compensation Act 1985—Definitions
171New Division 1 of Part VIII and Division 2 heading inserted
Division 1—The Authority and the IBAC
236CMandatory notification of corrupt conduct to IBAC
236DConsultation prior to notification
236ECommunication of information to the IBAC
236FAuthority not to prejudice investigations of the IBAC
Division 2—General
172Electoral Act 2002—Definitions
173New sections 19A to 19D inserted
19AMandatory notification of corrupt conduct to IBAC
19BConsultation prior to notifcation
19CCommunication of information to the IBAC
19DElectoral Commissioner not to prejudice
investigations of the IBAC
174Environment Protection Act 1970—Definitions
175New Division 1A of Part X inserted
Division 1A—The Authority and the IBAC
54CMandatory notification of corrupt conduct to IBAC
54DConsultation prior to notification
54ECommunication of information to the IBAC
54FAuthority not to prejudice investigations of the IBAC
176Disclosure of information an offence
177Public Administration Act 2004—Definitions
178New Division 4 of Part 4 inserted—Public Administration Act 2004
Division 4—The Authority and the IBAC
74AMandatory notification of corrupt conduct to IBAC
74BConsultation prior to notification
74CCommunication of information to the IBAC
74DAuthority not to prejudice investigations of the IBAC
179Prohibition on disclosure of certain information—Public Administration Act 2004
180Racing Act 1958—Definitions
181Functions of the Racing Integrity Commissioner
182Disclosure of information—Racing Act 1958
183New sections 37G to 37J inserted—Racing Act 1958
37GMandatory notification of corrupt conduct to IBAC
37HConsultation prior to referral or notification
37ICommunication of information to the IBAC
37JRacing Integrity Commissioner not to prejudice investigations of the IBAC
Part 6—Audit Act 1994 and Related Amendments
Division 1—Amendments to Audit Act 1994
184Definitions
185Annual reporting and delegation
186Power to call for persons and documents
187New sections 11A to 11G inserted
11AAuditor-General to report to Victorian Inspectorate
on calling for persons or documents11BRequirement given to person under 16 years
11CLegal advice and representation
11DAdvance notice of performance audits
11EFurther provisions relating to appearances
11FAudio or video recording of compulsory appearances
11GProtection of legal practitioners and witnesses at compulsory appearances
188Access to information
189Reports to Parliament
190Audits in relation to financial benefits given by the State or authorities
191Other financial audits
192Independent auditor to audit Victorian Auditor-General's
Office193Performance audit of Auditor-General and Victorian Auditor-General's Office
194New Part 4A inserted
Part 4A—Notifications and Information Sharing
19AMandatory notification of corrupt conduct to IBAC
19BMandatory notification to Victorian Inspectorate
19CCommunication of information to specified persons
or bodies
195New section 20 inserted
20Content of reports
196New section 29 inserted
"29Transitional provisions—Integrity and
Accountability Legislation Amendment Act 2012
Division 2—Amendments to Victorian Inspectorate Act 2011
197Purpose
198Definitions
199Objects of Act
200New section 5A inserted
5AInvestigation of conduct occurring before the commencement of this section
201Functions of the Victorian Inspectorate
202Delegation
203New Part 2B inserted
Part 2B—Matters to be Reported to the Victorian Inspectorate by the Auditor-General
28HCoercive questioning
204Complaints
205Investigation of complaint
206Own motion investigation
207Conduct of investigation
208Requirement to provide assistance
209Conduct of inquiry
210Content and form of witness summons
211Legal representation of witnesses and other persons
212Powers of entry, inspection and seizure
213Privileges and secrecy generally
214Privilege against self-incrimination
215Recommendation for further action
216New sections 35A and 35B inserted
35ARecommendation to the Auditor-General
35BRecommendation for further action in respect of
VAGO officers
217Advice to a complainant
218Outcome of investigation
219Matters to be included in annual report
220Exemption from FOI Act
Division 3—Amendments to Parliamentary Committees Act 2003
221Definitions
222IBAC Committee
223Public Accounts and Estimates Committee
Part 7—Ombudsman Act 1973 and Related Amendments
Division 1—Amendments to Ombudsman Act 1973
224Definitions
225Oath or affirmation
226New section 12 substituted
12Restriction on other employment
227Section 13 substituted and sections 13AA and 13AB inserted
13Principal function of Ombudsman
13AAOther functions of Ombudsman
13ABOmbudsman not to prejudice legal proceedings or investigations
228Conducting of enquiries
229Division 1 of Part IV substituted
Division 1—Complaints generally
14Making a complaint
15Ombudsman must refuse to deal with certain
complaints15AOmbudsman may refuse to deal with certain
complaints15BInvestigation of complaints
230Investigations referred by Parliament
231New Divisions 2A to 2E inserted in Part IV
Division 2A—Own motion investigations
16AOmbudsman may conduct own motion investigation
Division 2B—Referred complaints and matters
16BWhat are referred complaints and referred matters?
16CDealing with referred complaints
16DDealing with referred matters
Division 2C—Mandatory notifications by the Ombudsman
16ENotification to IBAC
16FNotification to Victorian Inspectorate
16GNotification to Freedom of Information
Commissioner
Division 2D—Referrals by the Ombudsman
16HApplication of Division
16IOmbudsman may refer complaints
16JNotice of referral
16KConsultation prior to referral
Division 2E—Information sharing
16LDisclosure of information by the Ombudsman
232Procedure relating to investigations
233Investigation powers
234New sections 18A to 18G inserted
18AOmbudsman to report to Victorian Inspectorate
on issue of witness summons18BWitness summons directed to person under 16 years
18CLegal advice and representation
18DAdvance notice for voluntary appearances
18EFurther provisions relating to appearances
18FAudio or video recording of compulsory appearances
18GProtection of legal practitioners and witnesses at compulsory appearances
235Confidentiality
236Communication of information
237Entry of premises
238Investigations under Melbourne City Link Act 1995
239Procedure on completion of investigation
240Complainant to be informed of result of investigation
241Transmission of reports to Parliament
242New section 25AB inserted
25ABTransmission of section 16 reports
243New section 25A substituted and section 25B inserted
25AContent of reports
25BPersons who receive proposed or draft reports or information in them
244New Part VA inserted
Part VA—Confidentiality
Division 1—Confidentiality requirements for Ombudsman officers
26AUnauthorised disclosure
26BTaking advantage of information
Division 2—Confidentiality notices
26CConfidentiality notice
26DExtension of confidentiality notice
26EOmbudsman to provide Victorian Inspectorate with copies
26FDisclosure subject to confidentiality notice
245New Part VB inserted
Part VB—Oversight of the Ombudsman
26GOversight by Victorian Inspectorate
26HOversight by Accountability and Oversight
Committee26IPowers and procedures of Accountability and
Oversight Committee
246Letters by persons in custody etc.
247Exemption from Freedom of Information Act 1982
248New section 29B inserted
29BEvidence
249Penalties
250New section 35 inserted
35Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012
251New Schedules 1, 2 and 3 substituted for the Schedule
SCHEDULES
SCHEDULE 1—Specified Entities
SCHEDULE 2—Exempt Persons and Bodies
SCHEDULE 3—Persons and Bodies to whom or which the Ombudsman may refer complaints
Division 2—Consequential amendment of Freedom of Information Act 1982
252Section 61M substituted
61MComplaints notified or referred by other bodies
Division 3—Consequential amendments to Independent Broad-
based Anti-corruption Commission Act 2011
253Definitions
254Functions of the IBAC
255Referral of complaint or notification for investigation by
another person or body256Provision to the IBAC of information about referred complaint
or notification257Withdrawal of referred complaint or notification
258New Part 6A inserted
Part 6A—Monitoring and Review
89BDefinitions
89CMonitoring compliance with Division 3 of Part 4 of Melbourne City Link Act 1995
89DPowers in relation to monitoring compliance with Division 3 of Part 4 of Melbourne City Link
Act 199589EPolice must provide reasonable assistance
Division 4—Consequential amendments to Parliamentary Committees Act 2003
259Definition
260Accountability and Oversight Committee
Division 5—Consequential amendments to Victorian Inspectorate Act 2011
261Definitions
262Objects of Act
263Investigation of conduct occurring before the commencement of this section
264Functions of the Victorian Inspectorate
265Delegation
266New Part 2C inserted
Part 2C—Matters to be Reported to the Victorian Inspectorate By The Ombudsman
28ICoercive questioning
267Complaints
268Investigation of complaint
269Own motion investigation
270Conduct of investigation
271Requirement to provide assistance
272Conduct of inquiry and examination must be held in private
273Content and form of witness summons
274Legal representation of witnesses and other persons
275Powers of entry, inspection and seizure
276Privileges and secrecy generally
277Privilege against self-incrimination
278New sections 35C and 35D inserted
35CRecommendation to the Ombudsman
35DRecommendation for further action in respect of Ombudsman officers
279Advice to a complainant
280Outcome of investigation
281Matters to be included in annual report
282Exemption from FOI Act
Division 6—Consequential amendment of other Acts
283Accident Compensation Act 1985
284Children, Youth and Families Act 2005
285Corrections Act 1986
286Court Security Act 1980
287Emergency Services Telecommunications Authority
Act 2004288Firearms Act 1996
289Health Records Act 2001
290Health Services Act 1988
291Information Privacy Act 2000
292Juries Act 2000
293Magistrates' Court Act 1989
294Melbourne City Link Act 1995
295Plant Biosecurity Act 2010
296Public Health and Wellbeing Act 2008
297Transport (Compliance and Miscellaneous) Act 1983
Part 8—Renumbering of Independent Broad-
based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011
Division 1—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011
298Renumbering of sections of the Independent Broad-based Anti‑corruption Commission Act 2011
299Renumbering of other provisions of the Independent Broad‑based Anti-corruption Commission Act 2011
300References in other Acts and documents to renumbered provisions
Division 2—Renumbering of Victorian Inspectorate Act 2011
301Renumbering of sections of the Victorian Inspectorate Act 2011
302Renumbering of other provisions of the Victorian
Inspectorate Act 2011303References in other Acts and documents to renumbered provisions
Division 3—Renumbering of references in other Acts
304Accident Compensation Act 1985
305Audit Act 1994
306Crimes (Assumed Identities) Act 2004
307Electoral Act 2002
308Environment Protection Act 1970
309Firearms Act 1996
310Legal Aid Act 1978
311Major Crime (Investigative Powers) Act 2004
312Melbourne City Link Act 1995
313Ombudsman Act 1973
314Police Regulation Act 1958
315Protected Disclosure Act 2012
316Protected Disclosure Act 2012—Schedule 1
317Public Administration Act 2004
318Racing Act 1958
319Terrorism (Community Protection) Act 2003
320Victorian Inspectorate Act 2011
321Victorian Inspectorate Act 2011—Schedule
Part 9—Repeal of amending Act
322Repeal of amending Act
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Endnotes
Integrity and Accountability Legislation Amendment Act 2012
No. 82 of 2012
[Assented to 18 December 2012]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Independent Broad-based Anti-corruption Commission Act 2011 and the Victorian Inspectorate Act 2011 to provide for matters of a transitional and savings nature and make other amendments;
(b)to amend the Telecommunications (Interception) (State Provisions) Act 1988 to make provision for the IBAC to use powers under the Telecommunications (Interception and Access) Act 1979 of the Commonwealth and to make other amendments;
(c)to amend the Audit Act 1994, the Ombudsman Act 1973 and related Acts as a consequence of the establishment of the IBAC and the Victorian Inspectorate and for related purposes;
(d)to amend the Victorian Inspectorate Act 2011 to confer functions on the Victorian Inspectorate in relation to the Auditor-General, the Ombudsman and the offices of Chief Examiner and Examiner under the Major Crime (Investigative Powers) Act 2004;
(e)to amend the Ombudsman Act 1973 and the Parliamentary Committees Act 2003 to confer functions on—
(i)the Accountability and Oversight Committee of Parliament in relation to the Ombudsman and the Victorian Inspectorate;
(ii)the Public Accounts and Estimates Committee of Parliament in relation to the Victorian Inspectorate;
(f)to repeal the Major Crime (Special Investigations Monitor) Act 2004;
(g)to make consequential and other amendments to other Acts.
2Commencement
(1)This Part and Divisions 2 and 3 of Part 5 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Section 153 is taken to have come into operation on 6 March 2012.
(3)Section 154 is taken to have come into operation on 18 September 2012.
(4)The remaining provisions of this Act, other than Part 8, come into operation on a day or days to be proclaimed.
(5)Part 8 comes into operation on the day after the day on which the last provision of this Act (other than Part 8) comes into operation.
__________________
Part 2—Independent Broad-based Anti-corruption Commission Act 2011
3Definitions
In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011—
(a)in the definition of notification to the IBAC, after paragraph (b) insert—
"(c)a notification under section 236C of the Accident Compensation Act 1985;
(d)a notification under section 19A of the Audit Act 1994;
(e)a notification under section 19A of the Electoral Act 2002;
(f)a notification under section 54C of the Environment Protection Act 1970;
(g)a notification under section 16E of the Ombudsman Act 1973;
(h)a notification under section 74A of the Public Administration Act 2004;
(i)a notification under section 37G of the Racing Act 1958;";
(b)in the definition of vessel for "Marine Act 1988" substitute "Marine Safety Act 2010".
4Obligation on staff employed or engaged under section 29 not to make public comment
(1)In the heading to section 32 of the Independent Broad-based Anti-corruption Commission Act 2011 after "29" insert "or persons engaged under section 30".
(2)In section 32 of the Independent Broad-based Anti-corruption Commission Act 2011 after "section 29" insert "or engaged under section 30".
5Unauthorised disclosures
(1)In the heading to section 33A of the Independent Broad-based Anti-corruption Commission Act 2011 after "disclosures" insert "or provision of information".
(2)In section 33A(b) of the Independent Broad-based Anti-corruption Commission Act 2011 for "instituted" substitute "brought".
6Disclosure of information by the IBAC
In the heading to section 33B of the Independent Broad-based Anti-corruption Commission Act 2011 after "Disclosure" insert "or provision".
7Disclosure subject to confidentiality notice
(1)In section 33E(2)(b)(iii) of the Independent Broad-based Anti-corruption Commission Act 2011 omit "cognitive,".
(2)In section 33E(2)(d) of the Independent Broad-based Anti-corruption Commission Act 2011 after "duty of disclosure" insert "or a professional obligation".
8Notice of dismissal, investigation or referral of complaint or notification
(1)In section 40B(2)(e) of the Independent Broad-based Anti-corruption Commission Act 2011 for "privacy laws" substitute "which would involve the unreasonable disclosure of information relating to the personal affairs of any person".
(2)After section 40B(2) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(3)A notification under subsection (1) or (1A) relating to an action referred to in section 40A(b) or (c) must include a written statement advising the recipient that it is an offence under section 101B to disclose the action.".
9Conducting investigations about corrupt conduct
(1)After section 41(3) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(3A)The IBAC must not conduct an investigation under subsection (1) in relation to conduct which occurred entirely before the commencement of section 5B if the IBAC considers that—
(a)the conduct is trivial or unrelated to the functions of the IBAC; or
(b)the complaint or notification is frivolous or vexatious; or
(c)the complaint or notification lacks substance or credibility; or
(d)the conduct occurred at too remote a time to justify investigation; or
(e)the complaint or notification was not made genuinely or was made primarily for a mischievous purpose.".
(2)In section 41(4)(b) of the Independent Broad-based Anti-corruption Commission Act 2011 before "in all" insert "subject to subsection (3A),".
(3)In section 47(1) of the Independent Broad-based Anti-corruption Commission Act 2011, after "41(2)," insert "41(3A), 41(4),".
10Referral of complaint or notification for investigation by another person or body
(1)After section 49C(2)(d) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(da)the Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958;".
(2)After section 49C(2)(e) of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(ea)the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012;".
11Notice of withdrawal of referral
In section 49J(2)(e) of the Independent Broad-based Anti-corruption Commission Act 2011 for "privacy laws" substitute "which would involve the unreasonable disclosure of information relating to the personal affairs of any person".
12Return of things seized from police personnel premises
In section 59(3) of the Independent Broad-based Anti-corruption Commission Act 2011 after "Court" insert "made".
13Heading to section 82E amended
In the heading to section 82E of the Independent Broad-based Anti-corruption Commission Act 2011 omit "or order".
14Witness summons and content and form of witness summons
(1)In section 82F of the Independent Broad-based Anti-corruption Commission Act 2011—
(a)in subsection (2)(b) after "known" insert
"or believed";
(b)in subsection (4) after "produces" insert "the".
(2)In section 82G(1)(a) and (c) of the Independent Broad-based Anti-corruption Commission Act 2011 after "evidence" insert "at an examination".
(3)In section 82G(2) of the Independent Broad-based Anti-corruption Commission Act 2011 after "A witness summons" insert "referred to in subsection (1)(a) or (c)".
15Witness already held in custody
In section 82L(3) of the Independent Broad-based Anti-corruption Commission Act 2011, for "is in" substitute "is deemed to be in".
16Legal representation of witnesses and other persons
In section 82M(6) of the Independent Broad-based Anti-corruption Commission Act 2011 after "to obtain" insert "legal advice or".
17Specific provisions relating to witnesses
In section 82O(2) of the Independent Broad-based Anti-corruption Commission Act 2011 after "commences" insert ", or during the examination, as the case requires,".
18Actions to be taken before questioning of a witness or requiring production of a document or other thing
(1)In section 82P(1)(c) of the Independent Broad-based Anti-corruption Commission Act 2011—
(a)omit ", prior to the examination";
(b)for subparagraph (ii) substitute—
"(ii)the witness informs the IBAC that, prior to the examination, an Australian legal practitioner has explained the statement referred to in section 82G(3)(c) to the witness;".
(2)In section 82P(2) of the Independent Broad-based Anti-corruption Commission Act 2011 after "attend" insert "to give evidence at".
(3)In section 82P(2) of the Independent Broad-based Anti-corruption Commission Act 2011, for "that the IBAC considers" substitute
"to which the IBAC forms the opinion".
19Bail pending court appearance for contempt
In section 82ZM(1) of the Independent Broad-based Anti-corruption Commission 2011—
(a)in paragraph (a)(ii) after "apply" insert
"for discharge from custody";
(b)in paragraph (b) after "apply" insert
"for discharge from custody".
20Advice to a complainant and other person
(1)In section 87(4)(f) of the Independent Broad-based Anti-corruption Commission Act 2011 for "privacy laws" substitute "which would involve the unreasonable disclosure of information relating to the personal affairs of any person".
(2)At the end of section 87 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(8)Information given to a complainant under subsection (1) or (2) must include a written statement advising the complainant that it is an offence under section 101B to disclose the information.".
21Outcome of investigation
At the end of section 88 of Independent Broad-based Anti-corruption Commission Act 2011 insert—
"(2)Without limiting subsection (1), after conducting an investigation, the IBAC may also take any other action that the IBAC is permitted to take under this or any other Act.".
22New sections 101A and 101B inserted
After section 101 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"101A Disclosure of transferred restricted matter
(1)A person must not disclose a transferred restricted matter except as permitted by this section.
Penalty:120 penalty units or imprisonment for 12 months or both.
(2)Unless the IBAC orders otherwise, a transferred restricted matter may be disclosed if that matter has already been disclosed as part of an examination that was open to the public.
(3)A transferred restricted matter may be disclosed—
(a)in accordance with a direction of the IBAC; or
(b)subject to 82M(2), to a legal practitioner for the purpose of obtaining legal advice or representation relating to a witness summons or matter; or
(c)to a person for the purpose of obtaining legal assistance relating to a witness summons or matter; or
(d)to an officer or agent of a body corporate by the body corporate or another officer or agent of the body corporate for the purpose of ensuring compliance with a witness summons; or
(e)to the Ombudsman in connection with a complaint to the Ombudsman that relates to a function of the Ombudsman under section 13 or 13AA of the Ombudsman Act 1973; or
(f)to the Victorian Inspectorate for the purpose of, or in connection with, a complaint to the Victorian Inspectorate; or
(g)by a legal practitioner for the purpose of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with a client; or
(h)by a legal practitioner referred to in paragraph (b) for the purpose of giving legal advice, making representations, or obtaining legal aid, relating to the witness summons or matter; or
(i)by a person referred to in paragraph (c) for the purpose of obtaining legal aid relating to a witness summons or matter; or
(j)if that disclosure is otherwise authorised or required under this Act.
(4)This section does not apply to an IBAC Officer.
(5)Nothing in this section prevents the IBAC from issuing a confidentiality notice in relation to a transferred restricted matter.
(6)In this section—
Director means the Director, Police Integrity under section 7 of the Police Integrity Act 2008 as in force immediately before its repeal;
transferred restricted matter means any of the following which, immediately before the repeal of the Police Integrity Act 2008, was a restricted matter within the meaning of section 23 of that Act as in force immediately before its repeal and which, by virtue of the Schedule, has become subject to this Act—
(a)any evidence given before the Director;
(b)the contents of any statement of information or document, or a description of any thing, produced to the Director;
(c)the contents of any document, or a description of any thing, seized under the Police Integrity Act 2008;
(d)any information that might enable a person who has been, or is about to be, examined before the Director to be identified or located;
(e)the fact that a person had been, or was about to be, examined before the Director;
(f)the existence of a witness summons under the Police Integrity Act 2008;
(g)the subject matter of an investigation under the Police Integrity Act 2008 in relation to which a witness summons under that Act had been issued.
101BOffence to disclose certain information received from the IBAC
(1)A person who made a complaint who is notified by the IBAC under section 40B(1) or (1A) of the taking of action referred to in section 40A(b) or (c) by the IBAC must not disclose that action except in the circumstances specified in subsection (5).
Penalty:60 penalty units or 6 months imprisonment or both.
(2)A complainant who receives information under section 87(1) or (2) must not disclose that information except in the circumstances specified in subsection (5).
Penalty:60 penalty units or 6 months imprisonment or both.
(3)A person who receives information referred to in subsection (1) or (2) in any circumstance specified in subsection (5) must not disclose that information except in the circumstances specified in subsection (5).
Penalty:60 penalty units or 6 months imprisonment or both.
(4)A person other than a person referred to in subsection (3) who receives information referred to in subsection (1), (2) or (3) from a person referred to in those subsections must not disclose that information except in the circumstances specified in subsection (5).
Penalty:60 penalty units or 6 months imprisonment or both.
(5)For the purposes of this section, the specified circumstances are—
(a)disclosure to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 33C or to comply with this section, including if the person—
(i)does not have a sufficient knowledge of the English language to understand the nature of the witness summons, a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 33C or this section, to an interpreter;
(ii)is a person under the age of 18 years, to a parent, guardian or independent person;
(iii)is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the witness summons, a confidentiality notice, a notice cancelling a confidentiality notice, an order extending a confidentiality notice under section 33C or this section without assistance, to an independent person;
(b)disclosure for the purposes of obtaining legal advice or representation in relation to—
(i)a witness summons, a confidentiality notice, a notice cancelling a confidentiality notice, an order extending a confidentiality notice under section 33C or compliance with this section;
(ii)the person's rights, liabilities, obligations and privileges under this Act or the Protected Disclosure Act 2012;
(c)disclosure by an Australian legal practitioner who receives a disclosure in the circumstances specified in paragraph (b), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from his or her professional relationship with his or her client;
(d)disclosure for the purposes of making a complaint to the Victorian Inspectorate;
(e)disclosure for the purposes of complying with a witness summons served on a person by the Victorian Inspectorate under the Victorian Inspectorate Act 2011;
(f)disclosure of information that has been published by the IBAC in a report or has otherwise been made public in accordance with this Act;
(g)disclosure to a person's spouse or domestic partner;
(h)disclosure to a person's employer or manager or both;
(i)disclosure as is otherwise authorised or required to be made by or under this Act.".
23Exemption from Freedom of Information Act 1982
In section 109(1) of the Independent Broad-based Anti-corruption Commission Act 2011—
(a)in paragraph (d), for "this Act." substitute "this Act; or";
(b)after paragraph (d) insert—
"(e)information received by the IBAC under section 39; or
(f)a notification made to the IBAC under section 40.".
24New sections 112 and 113 inserted
After section 111 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"112 Regulations dealing with transitional matters
(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the repeals and amendments made by this Act or the Integrity and Accountability Legislation Amendment Act 2012.
(2)Regulations made under this section may—
(a)have a retrospective effect to a day on or from 29 November 2011, being the day on which this Act received the Royal Assent; and
(b)be of limited or general application; and
(c)leave any matter or thing to be decided by a specified person or class of person; and
(d)provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section.
(3)Regulations under this section have effect despite anything to the contrary—
(a)in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or
(b)in any subordinate instrument.
(4)This section is repealed on the second anniversary of the day on which it comes into operation.
113Schedule
The Schedule has effect.".
25Schedule of savings and transitional provisions inserted
At the end of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"__________________
SCHEDULE
Savings and Transitional Provisions
1Definitions
In this Schedule—
commencement day means the day on which section 16 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 comes into operation;
Director means the Director, Police Integrity under section 7 of the PIA as in force immediately before its repeal;
OPI means the Office of Police Integrity continued by section 5 of the PIA as in force immediately before its repeal;
PIA means the Police Integrity Act 2008 as in force immediately before its repeal;
property means any legal or equitable estate or interest (whether present or future or whether vested or contingent) in real or personal property of any description;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.
2General transitional provisions
(1)Unless the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
(2)If a repealed provision of the PIA continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision—
(a)any other repealed provisions of the PIA necessary to give effect to that continued provision; and
(b)any regulations made under the PIA for the purposes of that continued provision.
3Office of Police Integrity and office of Director abolished
(1)On the commencement day, the Office of Police Integrity is abolished.
(2)On the commencement day, the office of Director is abolished and the Director goes out of office.
4IBAC succeeds Office of Police Integrity
On the commencement day—
(a)all rights, property and assets that, immediately before the commencement day, were vested in the OPI or the Director are, by force of this clause, vested in the IBAC;
(b)all debts, liabilities and obligations of the OPI or the Director existing immediately before that day become, by force of this clause, debts, liabilities and obligations of the IBAC;
(c)the IBAC is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which the OPI or the Director was a party immediately before that day;
(d)the IBAC is, by force of this clause, substituted as a party to any arrangement or contract entered into by or on behalf of the OPI, or by or on behalf of the Director, as a party and in force immediately before that day;
(e)any reference to the OPI in any Act (other than this Act), subordinate instrument, agreement, deed or other document must be construed as a reference to the IBAC—
(i)so far as it relates to any period on or after that day; and
(ii)if not inconsistent with the context or subject matter.
5Superseded references to Director
A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to the Director must be construed as a reference to the IBAC or the Commissioner (as the case requires)—
(a)so far as the reference relates to any period on or after the commencement day; and
(b)if not inconsistent with the subject matter.
6Transfer of records, information and documents
All information, documents, reports, records and equipment in the possession or control of the OPI immediately before the commencement day, whether held under the PIA, any other Act or otherwise (including any information, document or other thing seized or otherwise obtained under a warrant)—
(a)are transferred to the custody of the IBAC on the commencement day; and
(b)are taken to be information, documents, reports, records and equipment in the possession or control of the IBAC on and from that commencement day.
7Transferred protected information
If anything referred to in clause 4, 6, 10(2) or 11(2) is protected information within the meaning of section 30D of the Surveillance Devices Act 1999, on and from the commencement day—
(a)the IBAC may only use that protected information in accordance with section 30F of that Act for the IBAC's corrupt conduct investigative functions or its police personnel conduct investigative functions; and
(b)the IBAC must not disclose or communicate that protected information to any person or body for any other purpose.
8Confidentiality
(1)A reference in section 32 of this Act—
(a)to a person employed or engaged under section 29 or engaged under section 30 includes a reference to a person who was a member of OPI personnel immediately before the commencement day and who is, on and from the commencement day, an IBAC Officer; and
(b)to the administration of this Act or the performance of duties and functions or the exercise of powers by the IBAC includes a reference to—
(i)the administration of the PIA; or
(ii)the performance of duties and functions or the exercise of powers by the OPI or the Director under the PIA.
(2)A reference in section 33A of this Act—
(a)to an IBAC Officer includes a reference to a person who was a member of OPI personnel immediately before the commencement day and who is, on and from the commencement day, an IBAC Officer; and
(b)to information acquired in the course of, or as a result of, the performance of duties and functions or the exercise of powers of the IBAC under this Act includes a reference to—
(i)information obtained or received by the person referred to in paragraph (a) before the commencement day in the course of, or as a result of, the performance of duties and functions or the exercise of powers of the OPI or the Director under the PIA; or
(ii)a restricted matter within the meaning of section 23 of the PIA as in force immediately before the commencement day.
9Annual reports and other reports
(1)If, before the commencement day, the Director had not prepared any report required by section 28(1) of the PIA or under Part 7 of the Financial Management Act 1994 for the financial year ending before the commencement day, the IBAC must prepare that report.
(2)If, before the commencement day, the Director has prepared any report required by section 28(1) of the PIA or under Part 7 of the Financial Management Act 1994 but that report has not been transmitted to each House of the Parliament under section 29 of the PIA or under the Financial Management Act 1994, the IBAC must transmit that report to each House of the Parliament in accordance with the applicable requirements of section 29 of the PIA or the Financial Management Act 1994, as the case requires.
(3)For the purposes of subclause (1)—
(a)if the report relates to a whole financial year completed before the repeal of the PIA, the IBAC may prepare a report referred to in those provisions as a separate report and transmit the report to each House of the Parliament in accordance with section 29 of the PIA as in force immediately before its repeal or the Financial Management Act 1994, as the case requires; or
(b)if the report relates to a partial financial year completed before the repeal of the PIA, the IBAC may prepare a report referred to in those provisions as part of its own annual report under section 89.
(4)If, before the commencement day, the Director has prepared a report under section 28(2) of the PIA but that report has not been transmitted to each House of the Parliament under section 29 of the PIA before its repeal, the IBAC may transmit that report to each House of the Parliament in accordance with section 86(1) as if it were a special report under that section and for that purpose, the IBAC may include in a special report any matter arising in connection with the Director's functions under the PIA as in force immediately before its repeal.
(5)If, before the commencement day, the Director has commenced preparing but has not completed a report under section 28(2) of the PIA before its repeal, the IBAC may complete that report and transmit it to each House of the Parliament in accordance with section 86(1) as if it were a special report under that section and for that purpose, the IBAC may include in a special report any matter arising in connection with the Director's functions under the PIA as in force immediately before its repeal.
(6)If, before the commencement day, the Director has completed an investigation under the PIA but has not given a report under section 50 of the PIA before the commencement day, on and from the commencement day, the IBAC may make a recommendation under section 83 of this Act in relation to that investigation completed by the Director and section 83 applies as if the investigation completed by the Director had been an investigation by the IBAC under this Act.
10Complaints
(1)If, before the commencement day, the Director had received a complaint under section 86L of the Police Regulation Act 1958 and—
(a)had not commenced an investigation into the complaint under Division 2 of Part 3 of the PIA; or
(b)had commenced but not completed an investigation under Division 2 of Part 3 of the PIA—
the IBAC may investigate or complete the investigation of that complaint on and from the commencement day in accordance with this Act as if it were a complaint made in accordance with section 35 of this Act.
(2)In an investigation referred to in subclause (1), the IBAC may use or rely upon any evidence given or document or other thing produced to or obtained by the Director or the OPI in relation to that investigation under Part 3 or 4 of the PIA or under any other Act.
(3)If, before the commencement day, the Director had completed an investigation under the PIA into the complaint but had not advised the complainant of the outcome of the complaint, section 87 applies to the complaint as if the complaint were made under this Act.
11Own motion investigations
(1)An investigation initiated by the Director under section 44 of the PIA before the commencement day that had not been completed before the commencement day may be continued and completed by the IBAC, on and from the commencement day, under this Act as if it were an investigation conducted under section 45(1)(c) of this Act.
(2)In an investigation referred to in subclause (1), the IBAC may use and rely upon any evidence given or document or other thing produced to the Director or the OPI in relation to that investigation under Part 3 or 4 of the PIA or any other Act.
(3)The IBAC may undertake any investigation that could have been undertaken under section 48 of the PIA as if it were an own motion investigation.
12Chief Commissioner of Police to respond to the IBAC
A request made before the commencement day by the Director under Part 3 of the PIA for the Chief Commissioner of Police to take any action, or to conduct a further investigation, to which the Chief Commissioner of Police had not (in accordance with section 49 of the PIA) provided a written response before the commencement day, is taken, on and from that day, to be a request made under section 84 of this Act.
13Direction to require answers etc. of police
A direction given to a person under section 47 of the PIA for the purposes of an investigation under the PIA that was in force immediately before the commencement day is taken, on and from the commencement day, to be a direction given to the person under section 53 of this Act for the purposes of an investigation under Part 3.
14Witness summonses and related matters
(1)A witness summons issued under section 53 of the PIA (other than a summons issued to a person who is 16 years of age or older but who is less than 18 years of age) that was in force immediately before the commencement day continues in force, on and from the commencement day, as if—
(a)Division 2 of Part 4 of the PIA had not been repealed; and
(b)a reference in that Division to the Director were a reference to the IBAC.
(2)For the purposes of subclause (1), Part 4 of the PIA (other than section 68 and Divisions 6, 7, 8 or 9) continues to apply, despite its repeal—
(a)to that witness summons; and
(b)in relation to the person to whom that witness summons is directed; and
(c)as if any reference to—
(i)the Director were a reference to the IBAC; and
(ii)to the Special Investigations Monitor were reference to the Victorian Inspectorate; and
(iii)a member of staff of the OPI were a reference to an IBAC Officer.
(3)A witness summons issued under section 53 of the PIA to a person who is 16 years of age or older but who is less than 18 years of age that was in force immediately before the commencement day ceases to have any force or effect on and from the commencement day.
(4)On and from the commencement day, a person to whom a witness summons referred to in subclause (1) has been issued may be dealt with under section 82T, 82U, 82V or 82W, Division 2 of Part 5A or Division 5 of Part 5A of this Act, as the case requires, as if the person had been issued with a witness summons under this Act.
15Examinations
(1)If, immediately before the commencement day, a person was attending an examination under Division 3 of Part 4 of the PIA and had not been excused from attendance, on and from the commencement day—
(a)Part 4 of the PIA (other than section 68 and Divisions 6, 7, 8 or 9) continues to apply to that examination despite its repeal; and
(b)that Part applies as if a reference in that Part to—
(i)the Director were a reference to the IBAC; and
(ii)the Special Investigations Monitor were a reference to the Victorian Inspectorate; and
(iii)a member of staff of the OPI were a reference to an IBAC Officer.
(2)On and from the commencement day, sections 82T, 82U, 82V and 82W, Division 2 of Part 5A and Division 5 of Part 5A of this Act apply to a person referred to in subclause (1) as if that person had been summoned to attend an examination under Part 5A.
16Legal assistance for witnesses
(1)A person to whom legal assistance has been granted under section 76 of the PIA immediately before its repeal is entitled to continue to receive that assistance.
(2)An application under section 76 of the PIA before the commencement day that had not been determined before the commencement day may be determined under section 82ZI of this Act as if it were an application under section 82ZI of this Act.
(3)An approval given under section 76 of the PIA before the commencement day in connection with an appearance that had not commenced, or that had commenced but had not concluded, before the commencement day, is taken, on and after the commencement day, to be an approval given under section 82ZI.
(4)A person to whom a witness summons under Part 4 of the PIA has been issued immediately before the repeal of that Act who has not applied for legal assistance under section 76 of the PIA before that repeal may apply, on and after the commencement day for legal assistance in accordance with section 82ZI as if the person had been issued with a witness summons under this Act.
17Witness already held in custody
If, immediately before the commencement day, a direction given under section 57(2) of the PIA in respect of a person who is held in a prison or police gaol was in force, on and after the commencement day—
(a)section 57 of the PIA continues to apply in respect of that direction despite its repeal; and
(b)that section applies as if any reference in that section to the Director were a reference to the IBAC.
18Confidentiality notices
If a confidentiality notice issued under section 58 of the PIA is in force immediately before the commencement day, on and from the commencement day—
(a)that notice continues in force as if Division 2 of Part 4 of the PIA had not been repealed; and
(b)Division 2 of Part 4 of the PIA continues to apply in respect of that confidentiality notice despite its repeal; and
(c)Division 2 of Part 4 of the PIA applies as if any reference in that Part to—
(i)the Director were a reference to the IBAC; and
(ii)the Special Investigations Monitor were a reference to the Victorian Inspectorate.
19Legal professional privilege
If a claim of privilege under section 71 of the PIA that was made before the commencement day had not been determined before the commencement day, the claim is to be determined, on and from the commencement day, in accordance with sections 71 to 73 of the PIA—
(a)as if those sections had not been repealed; and
(b)as if a reference in those sections to the Director were a reference to the IBAC.
20Arrest of recalcitrant witness
(1)If, before the commencement day—
(a)the Director applied to a magistrate under section 84(1) of the PIA for a warrant to arrest a person; and
(b)the magistrate had not determined the application—
the application is to be determined, on and from the commencement day, under Division 7 of Part 4 of the PIA as if that Division had not been repealed and as if a reference in that Division—
(c)to the Director were a reference to the IBAC; and
(d)to the Special Investigations Monitor were a reference to the Victorian Inspectorate.
(2)If a warrant to arrest a person issued under section 84(2) of the PIA is in force immediately before the commencement day—
(a)that warrant continues in force in accordance with its terms on and from that commencement day as if that section had not been repealed; and
(b)subject to any conditions or limitations on an authorised officer's appointment under section 50, an authorised officer is authorised to do anything that a person named in the warrant is authorised to do pursuant to that warrant or in the execution of that warrant; and
(c)Division 7 of Part 4 of the PIA continues to apply in relation to the person arrested and held in custody pursuant to that warrant; and
(d)for those purposes, a reference to the Director in Division 7 of Part 4 of the PIA is taken to be a reference to the IBAC.
21Powers of entry, search and seizure
(1)Section 90 of the PIA as in force immediately before its repeal continues to apply, on and from the commencement day, in respect of a document or thing seized under section 89 of the PIA as if—
(a)a reference to an authorised officer were a reference to an authorised officer within the meaning of this Act; and
(b)a reference to the Director were a reference to the IBAC.
(2)If an application under section 91 of the PIA in relation to a document or thing seized under section 89 of the PIA had not been determined before the commencement day—
(a)the application is to be determined, on and from the commencement day, under section 91 of the PIA as if that section had not been repealed; and
(b)for the purposes of paragraph (a), a reference in section 91 of the PIA to the Director is taken to be a reference to the IBAC.
(3)Section 92 of the PIA as in force immediately before its repeal continues to apply in respect of a document or thing seized under section 89 of the PIA—
(a)until the document or thing is returned in accordance with section 92 of the PIA; and
(b)as if a reference in section 92 of the PIA to the Director were a reference to the IBAC.
(4)An application for a search warrant made under section 93 of the PIA before the commencement day that had not been determined before the commencement day is to be determined, on and from that commencement day, under section 93 of the PIA as if—
(a)that section had not been repealed; and
(b)a reference in that section to the Director were a reference to the IBAC.
(5)If a search warrant issued under section 93 of the PIA before the commencement day is in force immediately before the commencement day, on and from that commencement day, the search warrant—
(a)continues in force in accordance with its terms; and
(b)subject to any conditions or limitations on an authorised officer's appointment under section 50, an authorised officer is authorised to do anything that a person named in the warrant is authorised to do pursuant to that warrant or in the execution of that warrant; and
(c)sections 94 to 101 of the PIA continue to apply to the warrant and anything done under that warrant, as if—
(i)those sections had not been repealed; and
(ii)a reference in those sections to the Director were a reference to the IBAC.
(6)Without limiting section 14(2) of the Interpretation of Legislation Act 1984, despite the repeal of sections 94 to 101 of the PIA, on and from the commencement day, those sections continue to apply in relation to a search warrant issued under section 93 of the PIA (as in force immediately before its repeal) which has been executed before the commencement day as if—
(a)those sections had not been repealed; and
(b)a reference in those sections to the Director were a reference to the IBAC.
22Protection of persons, documents and other things
(1)A reference in Division 4 of Part 2 to a document or other thing that has come into a person's possession or control in the performance of the duties and functions or the exercise of the powers of the person or the IBAC under this Act includes a reference to a document or other thing that has come into a person's possession (whether before, on or after the commencement day) in the performance of functions under the PIA.
(2)A person who was a protected person under the PIA as in force immediately before its repeal, is taken, on and from the commencement day, to be a protected person within the meaning of section 33F.
(3)A document or other thing which was a protected document or other thing with the meaning of section 105 of the PIA as in force immediately before its repeal, is taken, on and from the commencement day, to be a protected document or other thing within the meaning of section 33G.
(4)A reference in section 33G—
(a)to an investigation includes a reference to an investigation under Division 2 of Part 3 of the PIA;
(b)to a person who has been summoned, or who has appeared, as a witness in an examination, includes a reference to a person who has been summoned, or who has appeared, as a witness in an investigation under Division 2 of Part 3 of the PIA;
(c)to a person who has provided the IBAC with information relating to an investigation includes a person who has provided information to the Director relating to an investigation under Division 2 of Part 3 of the PIA as in force immediately before its repeal;
(d)to any evidence given or information provided to the IBAC relating to an investigation includes any evidence given or information provided to the Director relating to an investigation under Division 2 of Part 3 of the PIA as in force immediately before its repeal.
(5)A certificate given by the Director under section 106(2) or 109A(2) of the PIA that was in force immediately before the commencement day continues in force, on and from that commencement day, as if it were a certificate given by the IBAC under section 33H(2) or 33K(2), as the case requires.
(6)An objection made before the commencement day under section 107 of the PIA to the production or inspection of a document or other thing that has not been determined under section 107 of the PIA before that commencement day is to be determined, on and from the commencement day, under section 33I.
23Investigations completed but proceedings not commenced
(1)The IBAC or a sworn IBAC Officer who is authorised by the Commissioner under section 106(b) or 106A(b) may commence criminal proceedings in relation to any matter for which the Director or a member of staff of the OPI authorised under section 51A(2) of the PIA was entitled to commence criminal proceedings under section 51A of the PIA as if that section had not been repealed.
(2)The IBAC or a sworn IBAC Officer authorised by the Commissioner under section 106(b) or 106A(b) may continue criminal proceedings commenced under section 51A of the PIA by the Director or a member of staff of the OPI authorised under section 51A(2) of that Act.
24Contempt of Director
(1)If, before the commencement day, the Director issued a certificate of charge under section 79(1) of the PIA and the charge has not been determined, the charge is to be determined, on and from the commencement day, by the Supreme Court under section 82 of the PIA as if sections 79 and 82 had not been repealed.
(2)If, before the commencement day, the Director issued a certificate of charge under section 79(1) of the PIA and an arrest warrant under section 79(1)(b) of that Act, on and from the commencement day—
(a)a person to whom section 80 of the PIA applies may elect to apply for bail in accordance with that section as if sections 79 and 80 had not been repealed; and
(b)Division 6 of Part 4 of the PIA continues to apply in relation to the person arrested and held in custody pursuant to that warrant; and
(c)for those purposes, a reference to the Director in Division 6 of Part 4 of the PIA is taken to be a reference to the IBAC.
25Exemption from Freedom of Information Act 1982 under section 51 of the PIA
Despite the repeal of the PIA, section 51 of that Act continues to apply to any document specified in that section.".
__________________
Part 3—Victorian Inspectorate Act 2011
26Definitions
(1)In section 3(1) of the Victorian Inspectorate Act 2011 insert the following definitions—
"Chief Commissioner of Police means the Chief Commissioner of Police appointed under Part I of the Police Regulation Act 1958;
Chief Examiner means the Chief Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;
coercive power means—
(a)in relation to a VAGO officer, any power of the Auditor-General or another VAGO officer under section 11 of the Audit Act 1994;
(b)in relation to an Ombudsman officer—
(i)any power of the Ombudsman under section 18 of the Ombudsman Act 1973 (including any power under a provision of the Evidence (Miscellaneous Provisions) Act 1958 referred to in that section); or
(ii)any power of the Ombudsman or a member of Ombudsman staff under section 21 of the Ombudsman Act 1973;
(c)in relation to the Chief Examiner or an Examiner—
(i)the power of the Chief Examiner to issue a witness summons under section 15 of the Major Crime (Investigative Powers) Act 2004;
(ii)the power of the Chief Examiner to make an order under section 18 of the Major Crime (Investigative Powers) Act 2004;
(iii)the power under section 35A of the Major Crime (Investigative Powers) Act 2004;
(iv)the power to require the production of documents or the giving of evidence at an examination under Part 4 of the Major Crime (Investigative Powers) Act 2004;
Examiner means an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;
premises of the Chief Examiner includes any premises of an Examiner but does not include any residential premises;".
(2)In section 3(1) of the Victorian Inspectorate Act 2011, in the definition of restricted matter—
(a)in paragraph (c), after "Victorian Inspectorate has" insert "obtained,";
(b)in paragraph (f), for "to be, examined by, or who has, or will, produce" substitute "proposed to be, examined by, or who has produced, or may produce";
(c)in paragraph (g), for "will be, examined by, or has, or will, produce" substitute "is proposed to be, examined by, or who has produced, or may produce".
27Objects of Act
After section 4 of the Victorian Inspectorate Act 2011—
(a)in paragraph (e) for "officers." substitute "officers; and";
(b)after paragraph (e) insert—
"(f)provide for the independent oversight of the Chief Examiner and Examiners.".
28Functions of the Victorian Inspectorate
For section 9(2)(g) of the Victorian Inspectorate Act 2011 substitute—
"(g)to receive complaints in accordance with this Act about the conduct of the Chief Examiner or any Examiner;
Note
See also Part 5 of the Major Crime (Investigative Powers) Act 2004.
(h)to investigate and assess, in accordance with this Act, the conduct of the Chief Examiner or any Examiner;
(i)to report on, and make recommendations as a result of, the performance of its duties and functions.".
29Delegation
(1)Before section 23(1)(j) of the Victorian Inspectorate Act 2011 insert—
"(ic)the power to authorise a Victorian Inspectorate Officer to enter premises of the Chief Examiner under section 33N(7); or".
(2)In section 23(1)(j) of the Victorian Inspectorate Act 2011, for "section 33W(1)(b)" substitute "section 33W(1)".
(3)At the foot of section 23 of the Victorian Inspectorate Act 2011 insert—
"Note
See also section 20C of Telecommunications (Interception) (State Provisions) Act 1988 which provides that the Victorian Inspectorate may delegate certain functions under that Act to an inspecting officer.".
30Section 27 substituted
For section 27 of the Victorian Inspectorate Act 2011 substitute—
"27 Obligation on persons employed or engaged under section 24 or engaged under section 25
A person employed or engaged under section 24 or engaged under section 25 must not publicly comment on—
(a)the administration of this Act; or
(b)the performance of duties and functions or the exercise of powers by the Victorian Inspectorate.".
31Disclosure and provision of information
(1)In the heading to section 28A of the Victorian Inspectorate Act 2011 after "disclosures" insert "or provision of information".
(2)In section 28A(1)(b) of the Victorian Inspectorate Act 2011 for "instituted" substitute "brought".
32New section 28BA inserted
After section 28B of the Victorian Inspectorate Act 2011 insert—
"28BA Special provisions applying in respect of functions under section 9(2)(g) and (h) and Major Crime (Investigative Powers) Act 2004
The Victorian Inspectorate or a person who is, or was, a Victorian Inspectorate Officer must not, directly or indirectly, make a record of any information or divulge or communicate to any person any information acquired by the Victorian Inspectorate or the Victorian Inspectorate Officer by reason of, or in the course of, the performance the functions specified in section 9(2)(g) or (h) or a function under the Major Crime (Investigative Powers) Act 2004 except—
(a)in the performance of those functions; or
(b)for the purpose of performing the duties or exercising the powers conferred by this Act or the Major Crime (Investigative Powers) Act 2004.
Penalty:Level 6 imprisonment (5 years maximum).".
33Victorian Inspectorate may provide or disclose information for specified purposes
In section 28C of the Victorian Inspectorate Act 2011 for "section 34 or 35" substitute "Part 4".
34Restrictions on compelling production or disclosure
(1)After section 28D(1)(a) of the Victorian Inspectorate Act 2011 insert—
"(ab) produce any document or other thing that has come into his or her possession or control in, or disclose any matter or thing of which the person has knowledge as a result of, the performance of the duties and functions or the exercise of the powers of the person or the Victorian Inspectorate under the Major Crime (Investigative Powers) Act 2004; or".
(2)In section 28D(1)(d) of the Victorian Inspectorate Act 2011 for "2012." substitute "2012; or".
(3)After section 28D(1)(d) of the Victorian Inspectorate Act 2011 insert—
"(e)in circumstances where the Victorian Inspectorate, or the Victorian Inspectorate Officer in his or her official capacity, is a party to the relevant proceeding.".
35Confidentiality notice
(1)In section 28E of the Victorian Inspectorate Act 2011—
(a)in subsection (2)(d), for "or will be, examined by, or has, or will, produce" substitute "or is proposed to be, examined by, or has produced, or may produce,";
(b)in subsection (6)(b), after "was issued" insert "to that person";
(c)in subsection (8), for "protect" substitute "avoid prejudice to".
(2)In section 28F(2)(b)(iii) of the Victorian Inspectorate Act 2011 omit "cognitive,".
(3)In section 28F(2)(d) of the Victorian Inspectorate Act 2011 after "duty of disclosure insert "or a professional obligation".
36Coercive questioning
For section 28G(2) of the Victorian Inspectorate Act 2011 substitute—
"(2)The IBAC must comply with a requirement under subsection (1) as soon as possible after it is made.".
37Complaints
At the end of section 29 of the Victorian Inspectorate Act 2011 insert—
"(7)A person may make a complaint to the Victorian Inspectorate about the conduct of the Chief Examiner or an Examiner in respect of—
(2)Subsection (1) does not limit the power of the Victorian Inspectorate to make a public recommendation if the Victorian Inspectorate considers that the Ombudsman has failed to take appropriate action in relation to the recommendation.
(3)If the Victorian Inspectorate is satisfied that any conduct of any Ombudsman officer which has been the subject of a complaint, investigation or other finding should be the subject of any further investigatory or enforcement action, the Victorian Inspectorate may make a recommendation to that effect to any or all of the following—
(a)the Chief Commissioner of Police;
(b)the Director of Public Prosecutions;
(c)the Australian Federal Police;
(d)the IBAC;
(e)the Victorian WorkCover Authority;
(f)any other person or body prescribed for the purposes of this subsection.".
279Advice to a complainant
Before section 36A(2)(e) of the Victorian Inspectorate Act 2011 insert—
"(db)prejudice an investigation by the Ombudsman; or".
280Outcome of investigation
After section 37(2) of the Victorian Inspectorate Act 2011 insert—
"(3)After conducting an investigation in relation to an Ombudsman officer, the Victorian Inspectorate may—
(a)make a recommendation to the Ombudsman in accordance with section 35C;
(b)make a recommendation to the Ombudsman in accordance with section 35D;
(c)make a recommendation to the Chief Commissioner of Police in accordance with section 35D;
(d)make a recommendation to the Director of Public Prosecutions in accordance with section 35D;
(e)make a recommendation to the Australian Federal Police in accordance with section 35D;
(f)make a recommendation to the IBAC in accordance with section 35D;
(g)make a recommendation to the Victorian WorkCover Authority in accordance with section 35D;
(h)make a recommendation in accordance with section 35D to a person or body prescribed for the purposes of section 35D(3)(f);
(i)transmit a report under section 36;
(j)provide advice to a complainant in accordance with section 36A;
(k)do any combination or all of the matters referred to in paragraphs (a) to (j);
(l)determine to make no findings or take no action following the investigation.".
281Matters to be included in annual report
(1)After section 38(1)(ec) of the Victorian Inspectorate Act 2011 insert—
"(ed)details of the results of the Victorian Inspectorate's monitoring of—
(i)the exercise of coercive powers by Ombudsman officers; and
(ii)compliance by Ombudsman officers with procedural fairness requirements in the performance of functions under the Ombudsman Act 1973 or any other Act, including in the conduct of enquiries and investigations and the making of reports and recommendations under the Ombudsman Act 1973 or any other Act;
(ee)details of the comprehensiveness and adequacy of reports made to the Victorian Inspectorate by the Ombudsman under this Act;
(ef)details of the extent to which action recommended by the Victorian Inspectorate to be taken by the Ombudsman has been taken;".
(2)After section 38(4A) of the Victorian Inspectorate Act 2011 insert—
"(4B)If the Victorian Inspectorate is aware of an investigation that is being or has been conducted by the Ombudsman in relation to a matter or person to be included in its annual report, the Victorian Inspectorate must not include in the annual report any information which would prejudice the investigation.".
282Exemption from FOI Act
In section 40(2) of the Victorian Inspectorate Act 2011, in the definition of relevant person or body—
(a)in paragraph (dc), after "section 35B(3)(f)" insert "or 35D(3)(f)";
(b)after paragraph (g) insert—
"(h)the office of the Ombudsman;
(i)an Ombudsman officer;".
Division 6—Consequential amendment of other Acts
283Accident Compensation Act 1985
Sections 21A, 23AA and 154 of the Accident Compensation Act 1985 are repealed.
284Children, Youth and Families Act 2005
Section 20 of the Children, Youth and Families Act 2005 is repealed.
285Corrections Act 1986
(1)Section 9G of the Corrections Act 1986 is repealed.
(2)In section 33 of the Corrections Act 1986, in the definition of visitor, for paragraph (f) substitute—
"(f)an Ombudsman officer (within the meaning of the Ombudsman Act 1973);".
286Court Security Act 1980
Section 2F of the Court Security Act 1980 is repealed.
287Emergency Services Telecommunications Authority Act 2004
For section 33(3)(c) of the Emergency Services Telecommunications Authority Act 2004 substitute—
"(c)disclosing or communicating confidential information to an Ombudsman officer (within the meaning of the Ombudsman Act 1973); or".
288Firearms Act 1996
For section 181(1)(g) of the Firearms Act 1996 substitute—
"(g)an Ombudsman officer within the meaning of the Ombudsman Act 1973.".
289Health Records Act 2001
In section 46(a) of the Health Records Act 2001, for "section 15B" substitute "section 16H".
290Health Services Act 1988
Section 69H of the Health Services Act 1988 is repealed.
291Information Privacy Act 2000
In section 26 of the Information Privacy Act 2000, for "section 15A" substitute "section 16H".
292Juries Act 2000
For clause 1(l) of Schedule 2 to the Juries Act 2000 substitute—
"(l)a member of Ombudsman staff within the meaning of the Ombudsman Act 1973;".
293Magistrates' Court Act 1989
Section 124H of the Magistrates'Court Act 1989 is repealed.
294Melbourne City Link Act 1995
(1)In the Melbourne City Link Act 1995—
(a)insert the following definition in section 3—
"IBAC means the Independent Broad-based Anti-corruption Commission established under section 6 of the Independent Broad-based Anti-corruption Commission Act 2011;";
(b)for section 90A(2)(f) substitute—
"(f)is made to, or by, the IBAC or an authorised officer (within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011) to enable the IBAC or authorised officer to fulfil their duties under Part 6A of that Act; or".
(2)After section 90A(4) of the Melbourne City Link Act 1995 insert—
"(5)Subsection (2)(f) as in force immediately before the commencement of section 295(1)(b) of the Integrity and Accountability Legislation Amendment Act 2012 continues to apply for the purposes of any review referred to in section 34(1)(d) of the Ombudsman Act 1973.".
(3)In the Melbourne City Link Act 1995—
(a)in section 90C(1)—
(i)for "Ombudsman" (where twice occurring) substitute "IBAC";
(ii)for "Ombudsman's" substitute "IBAC's";
(b)in section 90C(2), for "Ombudsman" substitute "IBAC";
(c)in section 90CA(1)—
(i)for "Ombudsman" (where twice occurring) substitute "IBAC";
(ii)for "Ombudsman's" substitute "IBAC's";
(d)in section 90CA(2), for "Ombudsman" substitute "IBAC".
295Plant Biosecurity Act 2010
Section 74 of the Plant Biosecurity Act 2010 is repealed.
296Public Health and Wellbeing Act 2008
Section 186 of the Public Health and Wellbeing Act 2008 is repealed.
297Transport (Compliance and Miscellaneous) Act 1983
Sections 221T and 228Y of the Transport (Compliance and Miscellaneous) Act 1983 are repealed.
__________________
Part 8—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011 and Victorian Inspectorate Act 2011
Division 1—Renumbering of Independent Broad-based Anti-corruption Commission Act 2011
298Renumbering of sections of the Independent Broad-based Anti‑corruption Commission Act 2011
The sections of the Independent Broad-based Anti-corruption Commission Act 2011 set out in column 1 of the Table to this section are renumbered as set out opposite those sections in column 2 of the Table.
Table
Column 1
Section number
Column 2
Renumbered section number
1 1 2 2 3 3 3A 4 3B 5 3C 6 3D 7 4 8 5 9 5A 10 5B 11 6 12 7 13 8 14 9 15 10 16 11 17 Column 1
Section number
Column 2
Renumbered section number
12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 33A 40 33B 41 33C 42 33D 43 33E 44 33F 45 33G 46 Column 1
Section number
Column 2
Renumbered section number
33H 47 33I 48 33J 49 33K 50 34 51 35 52 36 53 37 54 38 55 39 56 40 57 40A 58 40B 59 41 60 42 61 43 62 44 63 45 64 46 65 46A 66 47 67 47A 68 48 69 49 70 49A 71 49B 72 49C 73 49D 74 49E 75 Column 1
Section number
Column 2
Renumbered section number
49F 76 49G 77 49H 78 49I 79 49J 80 50 81 51 82 52 83 53 84 54 85 55 86 56 87 57 88 58 89 59 90 60 91 61 92 62 93 63 94 64 95 65 96 66 97 67 98 67A
Note
This section inserted by the Evidence Amendment (Journalist Privilege) Act 2012
99 68 100 Column 1
Section number
Column 2
Renumbered section number
69 101 70 102 71 103 72 104 73 105 74 106 75 107 76 108 77 109 78 110 79 111 80 112 81 113 82 114 82A 115 82B 116 82C 117 82D 118 82E 119 82F 120 82G 121 82H 122 82I 123 82J 124 82K 125 82L 126 82M 127 82N 128 82O 129 Column 1
Section number
Column 2
Renumbered section number
82P 130 82PA 131 82Q 132 82R 133 82S 134 82T 135 82U 136 82V 137 82W 138 82X 139 82Y 140 82Z 141 82ZA 142 82ZB 143 82ZC 144 82ZCA
Note
This section inserted by the Evidence Amendment (Journalist Privilege) Act 2012
145 82ZD 146 82ZE 147 82ZF 148 82ZG 149 82ZH 150 82ZI 151 82ZJ 152 82ZK 153 82ZL 154 Column 1
Section number
Column 2
Renumbered section number
82ZM 155 82ZN 156 82ZO 157 82ZP 158 83 159 84 160 85 161 86 162 87 163 88 164 89 165 89A 166 89B 167 89C 168 89D 169 89E 170 90 171 91 172 92 173 93 174 94 175 95 176 96 177 97 178 98 179 99 180 100 181 101 182 101A 183 Column 1
Section number
Column 2
Renumbered section number
101B 184 102 185 103 186 104 187 105 188 106 189 106A 190 107 191 108 192 108A 193 109 194 110 195 111 196 112 197 113 198
299Renumbering of other provisions of the Independent Broad‑based Anti-corruption Commission Act 2011
(1)The Parts of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1".
(2)The Divisions of each Part of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1".
(3)The subsections of each section of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive Arabic numerals enclosed in parentheses starting with "(1)".
(4)The paragraphs of each section or subsection, or of each definition, of the Independent Broad-based Anti-corruption Commission Act 2011 are relettered so that they bear lower-case letters in alphabetical order enclosed in parentheses starting with "(a)".
(5)The subparagraphs of each paragraph of each section or subsection, or of each paragraph of each definition, of the Independent Broad-based Anti-corruption Commission Act 2011 are renumbered so that they bear consecutive lower-case Roman numerals enclosed in parentheses starting with "(i)".
(6)The sub-subparagraphs of each subparagraph of each paragraph of each section or subsection, or of each subparagraph of each paragraph of each definition, of the Independent Broad-based Anti-corruption Commission Act 2011 are relettered so that they bear upper-case letters in alphabetical order in parentheses starting with "(A)".
(7)Each provision of the Independent Broad-based Anti-corruption Commission Act 2011 that refers to a provision that has been renumbered or relettered under section 298 or this section is amended by substituting a reference to the provision as renumbered or relettered.
(8)In this section, provision includes paragraph, subparagraph and sub-subparagraph.
300References in other Acts and documents to renumbered provisions
(1)Unless a contrary intention expressly appears or the context otherwise requires, on and from the commencement of this section, a reference in a provision of an Act (other than the Independent Broad-based Anti-corruption Commission Act 2011) enacted before the commencement of this section, or in an instrument or in a document, to a provision of the Independent Broad-based Anti-corruption Commission Act 2011 that has been renumbered or relettered under section 298 or section 299 is to be construed as a reference to that provision as so renumbered or relettered.
(2)In this section, provision includes paragraph, subparagraph and sub-subparagraph.
Division 2—Renumbering of Victorian Inspectorate Act 2011
301Renumbering of sections of the Victorian Inspectorate Act 2011
The sections of the Victorian Inspectorate Act 2011 set out in column 1 of the Table to this section are renumbered as set out opposite those sections in column 2 of the Table.
Table
Column 1
Section number
Column 2
Renumbered section number
1 1 2 2 3 3 3A 4 4 5 5 6 5A 7 6 8 7 9 8 10 9 11 10 12 Column 1
Section number
Column 2
Renumbered section number
10A 13 10B 14 11 15 12 16 13 17 14 18 15 19 16 20 17 21 18 22 19 23 20 24 21 25 22 26 23 27 24 28 25 29 26 30 27 31 28 32 28A 33 28B 34 28BA 35 28C 36 28D 37 28E 38 28F 39 28G 40
Column 1
Section number
Column 2
Renumbered section number
28H 41 28I 42 29 43 30 44 30A 45 31 46 32 47 33 48 33A 49 33B 50 33C 51 33D 52 33E 53 33F 54 33G 55 33H 56 33I 57 33J 58 33K 59 33L 60 33LA 61 33M 62 33N 63 33O 64 33P 65 33Q 66 33R 67 33S 68
Column 1
Section number
Column 2
Renumbered section number
33SA
Note
This section inserted by the Evidence Amendment (Journalist Privilege) Act 2012
69 33T 70 33U 71 33V 72 33W 73 33X 74 33Y 75 33Z 76 33ZA 77 34 78 35 79 35A 80 35B 81 35C 82 35D 83 35E 84 35F 85 35G 86 36 87 36A 88 37 89 37A 90 38 91 38A 92
Column 1
Section number
Column 2
Renumbered section number
39 93 39A 94 39B 95 39C 96 39D 97 39E 98 39F 99 39G 100 39H 101 40 102 41 103 42 104 42A 105 42B 106
302Renumbering of other provisions of the Victorian Inspectorate Act 2011
(1)The Parts of the Victorian Inspectorate Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1".
(2)The Divisions of each Part of the Victorian Inspectorate Act 2011 are renumbered so that they bear consecutive Arabic numerals starting with "1".
(3)The subsections of each section of the Victorian Inspectorate Act 2011 are renumbered so that they bear consecutive Arabic numerals enclosed in parentheses starting with "(1)".
(4)The paragraphs of each section or subsection, or of each definition, of the Victorian Inspectorate Act 2011 are relettered so that they bear lower-case letters in alphabetical order enclosed in parentheses starting with "(a)".
(5)The subparagraphs of each paragraph of each section or subsection, or of each paragraph of each definition, of the Victorian Inspectorate Act 2011 are renumbered so that they bear consecutive lower-case Roman numerals enclosed in parentheses starting with "(i)".
(6)The sub-subparagraphs of each subparagraph of each paragraph of each section or subsection, or of each subparagraph of each paragraph of each definition, of the Victorian Inspectorate Act 2011 are relettered so that they bear upper-case letters in alphabetical order in parentheses starting with "(A)".
(7)Each provision of the Victorian Inspectorate Act 2011 that refers to a provision that has been renumbered or relettered under section 301 or this section is amended by omitting the reference and substituting a reference to the last-mentioned provision as renumbered or relettered.
(8)In this section, provision includes paragraph, subparagraph and sub-subparagraph.
303References in other Acts and documents to renumbered provisions
(1)Unless a contrary intention expressly appears or the context otherwise requires, on and from the commencement of this section, a reference in a provision of an Act (other than the Victorian Inspectorate Act 2011) enacted before the commencement of this section, or in an instrument or in a document, to a provision of the Victorian Inspectorate Act 2011 that has been renumbered or relettered under section 301 or section 302 is to be construed as a reference to that provision as so renumbered or relettered.
(2)In this section, provision includes paragraph, subparagraph and sub-subparagraph.
Division 3—Renumbering of references in other Acts
304Accident Compensation Act 1985
In the Accident Compensation Act 1985—
(a)in section 5(1), in the definition of corrupt conduct, for "section 3A" substitute "section 4";
(b)in section 5(1), in the definition of IBAC, for "section 6" substitute "section 12";
(c)in section 236C(3), for "section 49C" substitute "section 73".
305Audit Act 1994
In the Audit Act 1994—
(a)in section 3(1), in the definition of corrupt conduct, for "section 3A" substitute "section 4";
(b)in section 3(1), in the definition of IBAC, for "section 6" substitute "section 12";
(c)in section 3(1), in the definition of Inspector, for "section 14" substitute "section 18";
(d)in section 19A(3) and (4), for "section 49C" substitute "section 73".
306Crimes (Assumed Identities) Act 2004
In section 34(4) of the Crimes (Assumed Identities) Act 2004, for "section 26" substitute "section 32".
307Electoral Act 2002
In the Electoral Act 2002—
(a)in section 3, in the definition of corrupt conduct, for "section 3A" substitute "section 4";
(b)in section 3, in the definition of IBAC, for "section 6" substitute "section 12".
308Environment Protection Act 1970
In the Environment Protection Act 1970—
(a)in section 4(1), in the definition of corrupt conduct, for "section 3A" substitute "section 4";
(b)in section 4(1), in the definition of IBAC, for "section 6" substitute "section 12";
(c)in section 54C(3), for "section 49C" substitute "section 73".
309Firearms Act 1996
In the Firearms Act 1996, in sections 93(4)(ca)(ii), 94(4)(ca)(ii) and 102(4A), for "section 77" substitute "section 109".
310Legal Aid Act 1978
In section 6(3)(a) of the Legal Aid Act 1978, for "section 82ZI" substitute "section 151".
311Major Crime (Investigative Powers) Act 2004
In the Major Crime (Investigative Powers) Act 2004—
(a)in the note at the foot of section 51, for "section 9(2)(g)" substitute "11(2)(g)";
(b)in section 54, for "section 29(7)" substitute "section 43(7)".
312Melbourne City Link Act 1995
In the Melbourne City Link Act 1995—
(a)in section 3, in the definition of IBAC, for "section 6" substitute "section 12";
(b)in section 90A(2)(f), for "Part 6A" substitute "Part 8".
313Ombudsman Act 1973
In the Ombudsman Act 1973—
(a)in section 2(1), in the definition of corrupt conduct, for "section 3A" substitute "section 4";
(b)in section 2(1), in the definition of IBAC, for "section 6" substitute "section 12";
(c)in section 2(1), in the definition of police personnel conduct, for "section 3B" substitute "section 5";
(d)in section 2(1), in the definition of protected disclosure complaint, for "section 49C" substitute "section 73";
(e)in section 13AA(1)(a), for "Division 4 of Part 3" substitute "Division 5 of Part 3";
(f)in sections 16B(1)(a), 16B(2)(a), 16C(3), 16D(3) and 16E(3) and (4) for "section 49C" substitute "section 73";
(g)in section 35(13), for "Part 6A" substitute "Part 8".
314Police Regulation Act 1958
In the Police Regulation Act 1958—
(a)in section 69(1)(ac), for "section 53" substitute "section 84";
(b)in section 69(1)(bc), for "Division 1 of Part 7" substitute "Division 1 of Part 9";
(c)in section 69(1)(bd), for "section 93" substitute "section 174";
(d)in section 86X, for "Division 4 of Part 3" substitute "Division 5 of Part 3";
(e)in section 86ZM, for "section 49I" substitute "section 79".
315Protected Disclosure Act 2012
In the Protected Disclosure Act 2012—
(a)in section 3—
(i)in the definition of corrupt conduct, for "section 3A" substitute "section 4";
(ii)in the definition of IBAC, for "section 6" substitute "section 12";
(b)in section 6, in paragraph (a) of the definitions of public body and public officer, for "section 3C" substitute "section 6";
(c)in the note at the foot of section 32, for "section 3D" substitute "section 7";
(d)in the note at the foot of section 33, for "section 3A" substitute "section 4";
(e)in section 54(3)—
(i)in the definition of confidentiality notice—
(A)in paragraph (a), for "section 33C(1)" substitute "section 42(1)";
(B)in paragraph (b), for "section 28E(1)" substitute "section 38(1)";
(ii)in the definition of witness summons—
(A)in paragraph (a), for "section 82F(1)" substitute "section 120(1)";
(B)in paragraph (b), for "section 33E(1)" substitute "section 53(1)";
(f)in section 67(2), for "section 89" substitute "section 165";
(g)in section 68(2), for "section 38" substitute "section 91".
316Protected Disclosure Act 2012—Schedule 1
In Schedule 1 to the Protected Disclosure Act 2012—
(a)in clause 8(3), for "section 82L" substitute "section 126";
(b)in clause 10(2)(b), for "section 50" substitute "section 81";
(c)in clause 12(2)(b), for "section 50" substitute "section 81";
(d)in clause 14(2)(a) and (3) and clause 16(2)(a), for "section 50" substitute "section 81";
(e)in clause 17, for "section 69" substitute "section 101";
(f)in clause 18—
(i)in subclause (1), for "section 53(2)" substitute "section 84(2)";
(ii)in subclause (2), for "section 82L(1)" substitute "section 126(1)";
(g)in clause 31, for "section 89" substitute "section 165";
(h)in clause 32(2), for "section 29" substitute "section 43";
(i)in clause 34(a) for "section 32" substitute "section 47";
(j)in clause 34(b) for "section 33(1)" substitute "section 48(1)";
(k)in clause 34(e) for "section 34" substitute "section 78";
(l)in clause 34(f) for "section 35(3)" substitute "section 79(3)";
(m)in clause 34(g) for "sections 36 and 36A" substitute "sections 87 and 88";
(n)in clause 34(h) for "section 37(1)" substitute "section 89(1)";
(o)in clause 34(i) for "section 37A" substitute "section 90";
(p)in clause 35(1) for "Section 82H" substitute "Section 122";
(q)in clause 35(2) for "Section 82ZA" substitute "Section 142";
(r)in clause 35(3) for "Section 82S" substitute "Section 134";
(s)in clause 35(4) for "section 28G" substitute "section 40";
(t)in clause 36(1) for "section 38(1)(b)" substitute "section 91(1)(b)";
(u)in clause 36(4)(b) for "section 38" substitute "section 91".
317Public Administration Act 2004
In the Public Administration Act 2004—
(a)in section 4(1), in the definition of corrupt conduct, for "section 3A" substitute "section 4";
(b)in section 4(1), in the definition of IBAC, for "section 6" substitute "section 12".
318Racing Act 1958
In the Racing Act 1958—
(a)in section 3(1), in the definition of corrupt conduct, for "section 3A" substitute "section 4";
(b)in section 3(1), in the definition of IBAC, for "section 6" substitute "section 12";
(c)in section 37B(4) and 37G(3), for "section 49C" substitute "section 73".
319Terrorism (Community Protection) Act 2003
In sections 13ZJ(2)(d)(ii) and 13ZR(2)(d)(ii) of the Terrorism (Community Protection) Act 2003, for "section 35" substitute "section 52".
320Victorian Inspectorate Act 2011
In the Victorian Inspectorate Act 2011—
(a)in section 3(1), in the definition of police personnel misconduct, for "section 3B" substitute "section 5";
(b)in section 3(1), in the definition of public body, for "section 3C" substitute "section 6";
(c)in sections 36(5B) and 38(7), for "Division 1 of Part 7" substitute "Division 1 of Part 9".
321Victorian Inspectorate Act 2011—Schedule
In the Schedule to the Victorian Inspectorate Act 2011—
(a)in clause 7(1) of the Schedule, for "Section 82H" substitute "Section 122";
(b)in clause 7(2) of the Schedule, for "Section 82ZA" substitute "Section 142";
(c)in clause 7(3) of the Schedule, for "Section 82ZL" substitute "Section 154".
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Part 9—Repeal of amending Act
322Repeal of amending Act
This Act is repealed on the day that is the first anniversary of the first day on which all the provisions of this Act are in operation.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 14 November 2012
Legislative Council: 29 November 2012
The long title for the Bill for this Act was "A Bill for an Act to amend the Independent Broad-based Anti-corruption Commission Act 2011 and the Victorian Inspectorate Act 2011 to provide for matters of a transitional and savings nature and other amendments, to amend the Telecommunications (Interception) (State Provisions) Act 1988, the Ombudsman Act 1973 and the Audit Act 1994, to repeal the Major Crime (Special Investigations Monitor) Act 2004, to make consequential and other amendments to other Acts and for other purposes."
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