4975

2004-2005-2006

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Law Enforcement Integrity Commissioner Bill 2006

 

 

(Amendments to be moved by Senator Ludwig on behalf of the Opposition in committee of the whole)

 

(1)     Clause 5, page 8 (lines 19 to 22), paragraph (d) of the definition of law enforcement agency , TO BE OPPOSED .

[jurisdiction not to be extended by regulation]

(2)     Clause 5, page 8 (after line 18), after paragraph (c), insert:

                    (ca)  the Australian Customs Service; or

                   (cb)  the Australian Transactions Reports and Analysis Centre (AUSTRAC); or

                    (cc)  the Department of Immigration and Multicultural Affairs; or

(3)     Page 32 (after line 6), at the end of Division 1, add:

25A  Protection of person making a referral under section 23

If a person refers an allegation or information to the Integrity Commissioner under section 23, and in the opinion of the Integrity Commissioner that person’s safety may be prejudiced, or the person may be subject to intimidation or harassment, as a result of their referral under section 23, the Integrity Commissioner may make such arrangements as are necessary:

                     (a)  to protect the safety of the person referring the allegation or information under section 23; or

                     (b)  to protect the person referring the allegation or information under section 23 from intimidation or harassment.

[protection for informants]

(4)     Page 32 (after line 6), at the end of Division 1, add:

25B  False and misleading statements

To avoid doubt, section 137.1 of the Criminal Code Act 1995 applies to any person who refers an allegation or information to the Integrity Commissioner.

Note:          Section 137.1 of the Criminal Code Act 1995 provides a maximum sentence of imprisonment of 12 months for providing false or misleading evidence to a Commonwealth officer or agency.  Absolute liability applies to an offence under section 137.1 of the Criminal Code Act 1995 .

[false and misleading statements to be an offence]

(5)     Page 32 (after line 6), at the end of Division 1, add:

25C  Ombudsman to be kept informed

If the Ombudsman:

                     (a)  decides, under subsection 6(16) of the Ombudsman Act 1976 , to refer an allegation or information to the Integrity Commissioner; or

                     (b)  is required, under subsection 6(17) of that Act, to refer an allegation or information to the Integrity Commissioner;

the Integrity Commissioner must keep the Ombudsman informed of the action taken in relation to the corruption issue raised by the allegation or information.

[Ombudsman to be kept informed]

(6)     Clause 26, page 33 (line 22), at the end of subclause (1), add:

                      (f)  by taking no further action.

[discretion for Commissioner not to investigate]

( amendment (6) is an alternative to amendment (5) )

(7)     Clause 26, page 33 (line 22), at the end of subclause (1), add:

                      (f)  by deciding not to investigate the issue further if, in the opinion of the Integrity Commissioner:

                              (i)  the complaint is frivolous or vexatious or not made in good faith; or

                             (ii)  the complainant does not have a sufficient interest in the subject matter of the complaint; or

                            (iii)  an investigation, or further investigation, of the action is not warranted having regard to all the circumstances.

[discretion for Commissioner not to investigate]

(8)     Clause 93, page 103 (after line 30), at the end of the clause, add:

False or misleading statements

             (6)  A person commits an offence if the person makes an oral or written statement to a hearing that the person knows to be false or misleading in a material particular.

Penalty: Imprisonment for 2 years.

[false or misleading statements]

(9)     Page 160 (after line 28), at the end of Part 11, add:

152A  Reporting requirements

             (1)  The Attorney-General must, as soon as practicable after 30 June each year, cause to be prepared a report about certificates issued under this Part during the year ended on that 30 June.

             (2)  Without limiting subsection (1), a report relating to a year must include:

                     (a)  the number of certificates issued; and

                     (b)  the number of documents exempted by each certificate; and

                     (c)  the name of the agency to which each certificate related.

             (3)  The Attorney-General must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.

[Attorney-General to report to Parliament on s.149 certificates]

(10)   Heading to Part 14, page 208 (lines 3 and 4), omit “Australian Commission for Law Enforcement Integrity”, substitute “Parliamentary Joint Committee on the Australian Crime Commission”.

[heading]

(11)   Clause 212, page 208 (lines 8 to 10), omit all words after “means”, substitute “the Parliamentary Joint Committee on the Australian Crime Commission established under Part III of the Australian Crime Commission Act 2002 .”

[extension of jurisdiction to Joint Committee on the Australian Crime Commission]

(12)   Clauses 213 and 214, page 208 (line 12) to page 209 (line 22), TO BE OPPOSED .

[extension of jurisdiction to Joint Committee on the Australian Crime Commission]

(13)   Page 217 (after line 25), at the end of the bill, add:

225  Review of operation of Act

             (1)  The Minister must cause an independent review of the operation of this Act to be undertaken as soon as practicable after 3 years from the date this Act receives the Royal Assent.

             (2)  The persons who undertake such a review must give the Minister a written report of the review.

             (3)  The Minister must cause a copy of report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

             (4)  However, this section does not apply if a committee of one or both Houses of the Parliament has reviewed the operation of this Act, or started such a review, before 1 January 2009.

[review of operation of Act]