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Part 7—Dealing with evidence and information obtained in investigation or public inquiry

Part 7 Dealing with evidence and information obtained in investigation or public inquiry

Division 1 Introduction

112   Guide to this Part

This Division is about how the National Integrity Commissioner is to deal with evidence and information obtained in investigating a corruption issue or conducting a public inquiry.

The National Integrity Commissioner must give evidence of an offence or liability to civil penalty to:

               (a)     the Commissioner of the Australian Federal Police; or

              (b)     the head (however described) of the police force of the relevant State or Territory; or

               (c)     another person or authority who is authorised by or under a law of the Commonwealth or the relevant State or Territory to prosecute the offence or bring the civil penalty proceedings;

as appropriate in the circumstances.

The National Integrity Commissioner must bring to the attention of the Prime Minister evidence of, or information suggesting, wrongful conviction of a person and must advise the person that the National Integrity Commissioner has brought the evidence to the attention of the Prime Minister.

Division 2 Dealing with evidence and information obtained in investigation or public inquiry

113   Evidence of offence or liability to civil penalty

Commonwealth offence or civil penalty

             (1)  If, in investigating a corruption issue or conducting a public inquiry, the National Integrity Commissioner obtains:

                     (a)  evidence of an offence against a law of the Commonwealth that would be admissible in a prosecution for the offence; or

                     (b)  evidence of the contravention of a law of the Commonwealth:

                              (i)  in relation to which civil penalty proceedings may be brought; and

                             (ii)  that would be admissible in civil penalty proceedings for the contravention;

the National Integrity Commissioner must:

                     (c)  assemble the evidence; and

                     (d)  give the evidence to:

                              (i)  the Commissioner of the Australian Federal Police; or

                             (ii)  another person or authority who is authorised by or under a law of the Commonwealth to prosecute the offence or bring the civil penalty proceedings.

State or Territory offence or civil penalty

             (2)  If, in investigating a corruption issue or conducting a public inquiry, the National Integrity Commissioner obtains:

                     (a)  evidence of an offence against a law of a State or Territory that would be admissible in a prosecution for the offence; or

                     (b)  evidence of the contravention of a law of a State or Territory:

                              (i)  in relation to which civil penalty proceedings may be brought; and

                             (ii)  that would be admissible in civil penalty proceedings for the contravention;

the National Integrity Commissioner must:

                     (c)  assemble the evidence; and

                     (d)  give the evidence to:

                              (i)  the head (however described) of the police force of the State or Territory; or

                             (ii)  another person or authority who is authorised by or under a law of the State or Territory to prosecute the offence or bring the civil penalty proceedings.

114   Evidence that could be used in confiscation proceedings

Commonwealth proceedings

             (1)  If, in investigating a corruption issue or conducting a public inquiry, the National Integrity Commissioner obtains evidence that would be admissible in a proceeding under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 (other than a criminal prosecution for an offence under that Act), the National Integrity Commissioner must:

                     (a)  assemble the evidence; and

                     (b)  give the evidence to:

                              (i)  the Commissioner of the Australian Federal Police; or

                             (ii)  another person or authority who is authorised by or under a law of the Commonwealth to bring the proceeding.

State or Territory proceedings

             (2)  If, in investigating a corruption issue or conducting a public inquiry, the National Integrity Commissioner obtains evidence that would be admissible in a proceeding under a corresponding law within the meaning of the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 (other than a criminal prosecution for an offence under the corresponding law), the National Integrity Commissioner must:

                     (a)  assemble the evidence; and

                     (b)  give the evidence to:

                              (i)  the head (however described) of the police force of the State or Territory; or

                             (ii)  another person or authority who is authorised by or under a law of the State or Territory to bring the proceeding.

115   Evidence of, or information suggesting, wrongful conviction

Commonwealth offence

             (1)  If the National Integrity Commissioner:

                     (a)  in investigating a corruption issue or conducting a public inquiry, obtains evidence that a person was wrongly convicted of an offence against a law of the Commonwealth; and

                     (b)  is satisfied that the evidence is, in all the circumstances, of sufficient force to justify his or her doing so;

the National Integrity Commissioner must:

                     (c)  bring the evidence to the notice of the Prime Minister; and

                     (d)  advise the person that the National Integrity Commissioner has brought the evidence to the notice of the Prime Minister.

State or Territory offence

             (2)  If the National Integrity Commissioner:

                     (a)  in investigating a corruption issue or conducting a public inquiry, obtains evidence that a person was wrongly convicted of an offence against a law of a State or Territory; and

                     (b)  is satisfied that the evidence is, in all the circumstances, of sufficient force to justify his or her doing so;

the National Integrity Commissioner must:

                     (c)  bring the evidence to the notice of the Prime Minister; and

                     (d)  advise the person that the National Integrity Commissioner has brought the evidence to the notice of the Prime Minister.