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Part 11—Miscellaneous

Part 11 Miscellaneous

   

174   Offence of victimisation

             (1)  A person commits an offence if the person causes, or threatens to cause, detriment to another person (the victim ) on the ground that the victim, or any other person:

                     (a)  has referred, or may refer, to the National Integrity Commissioner an allegation, or information, that raises a corruption issue; or

                     (b)  has given, or may give, information to the National Integrity Commissioner; or

                     (c)  has produced, or may produce, a document or thing to the National Integrity Commissioner.

Penalty:  Imprisonment for 2 years.

             (2)  For the purpose of subsection (1), a threat may be:

                     (a)  express or implied; or

                     (b)  conditional or unconditional.

             (3)  In a prosecution for an offence against subsection (1), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

175   Legal and financial assistance in relation to applications for administrative review

             (1)  A person may apply to the Attorney-General for assistance in respect of the person’s application, or proposed application, to the Federal Court or the Federal Circuit Court under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under this Act.

             (2)  The Attorney-General may, if he or she is satisfied that:

                     (a)  it would involve substantial hardship to the person to refuse the application; or

                     (b)  the circumstances of the case are of such a special nature that the application should be granted;

authorise the Commonwealth to provide the person with legal or financial assistance, determined by the Attorney-General, in respect of the person’s application to the Federal Court or the Federal Circuit Court, as the case may be.

             (3)  Legal or financial assistance may be given:

                     (a)  unconditionally; or

                     (b)  subject to such conditions as the Attorney-General determines.

             (4)  An instrument that determines the conditions on which legal or financial assistance may be given is not a legislative instrument.

176   Immunity from civil proceedings

             (1)  A staff member of the National Integrity Commission is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith, in the performance or purported performance, or exercise or purported exercise, of the staff member’s functions, powers or duties under, or in relation to, this Act.

             (2)  A person whom the National Integrity Commissioner requests, in writing, to assist a staff member of the National Integrity Commission is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith for the purpose of assisting the staff member.

             (3)  If:

                     (a)  information or evidence has been given to the National Integrity Commissioner; or

                     (b)  a document or thing has been produced to the National Integrity Commissioner;

a person is not liable to an action, suit or proceeding in respect of loss, damage or injury of any kind suffered by another person by reason only that the information or evidence was given or the document or thing was produced.

177   Immunities from certain State and Territory laws

                   The National Integrity Commissioner, an Assistant National Integrity Commissioner or a staff member of the National Integrity Commission is not required under, or by reason of, a law of a State or Territory:

                     (a)  to obtain or have a licence or permission for doing any act or thing in the exercise of his or her powers or the performance of his or her duties as the National Integrity Commissioner, an Assistant National Integrity Commissioner or a staff member of the National Integrity Commission; or

                     (b)  to register any vehicle, vessel, animal or article belonging to the Commonwealth.

178   Review of operation of Act

Undertaking the review

             (1)  The Prime Minister must cause an independent review to be undertaken of the first 3 years of the operation of this Act.

Report to Prime Minister

             (2)  The persons undertaking the review must give the Prime Minister a written report of the review within 6 months after the end of the 3-year period.

Submissions

             (3)  The review must include an opportunity for:

                     (a)  persons who are, or have been, staff members of the National Integrity Commission; and

                     (b)  members of the public;

to make written submissions on the operation of this Act.

Assistance

             (4)  The National Integrity Commissioner and staff members of the National Integrity Commission must, if requested to do so by the persons undertaking the review, assist them in:

                     (a)  conducting the review; and

                     (b)  preparing the written report.

Tabling of report

             (5)  The Prime Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after he or she receives the report.

Section not to apply if review conducted by Parliamentary committee

             (6)  However, this section does not apply if a committee of one or both Houses of the Parliament (including the Parliamentary Joint Committee on the National Integrity Commission) has reviewed the operation of this Act, or started such a review, before the end of the 3-year period.

Definition

             (7)  In this section:

independent review means a review undertaken by a person or persons who, in the Prime Minister’s opinion, possess appropriate qualifications to undertake the review.

179   Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

180   Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  The regulations may require that information or reports that are required to be given under prescribed provisions are also to be given to prescribed persons in specified circumstances.