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Schedule 1—Amendments

Schedule 1 Amendments

   

Law Enforcement Integrity Commissioner Act 2006

1  After subsection 177(2)

Insert:

          (2A)  Subject to subsection (2), the Minister may appoint the National Integrity Commissioner to act as the Integrity Commissioner for the purposes of paragraph (1)(a) or (b).

          (2B)  A person appointed to act during a vacancy mentioned in paragraph (1)(a) must not act for more than 12 months.

2  After subsection 187(2)

Insert:

          (2A)  A person appointed to act during a vacancy mentioned in paragraph (1)(a) must not act for more than 12 months.

3  Section 197

Repeal the section, substitute:

197  Staff

                   The staff of ACLEI are to be persons appointed or employed under the Public Service Act 1999 .

4  Part 14

Repeal the Part.

Ombudsman Act 1976

5  After subsection 6(15)

Insert:

        (15A)  If the Ombudsman forms the opinion:

                     (a)  that a complaint involves an allegation, or information, that raises a corruption issue; and

                     (b)  that the allegation or information could have been referred to the National Integrity Commissioner under Part 3 of the National Integrity Commission Act 2013 and could be more conveniently or effectively dealt with by the National Integrity Commissioner;

the Ombudsman may decide not to investigate the complaint, or not to investigate the complaint further, as the case may be, and to refer the allegation or information to the National Integrity Commissioner.

        (15B)  If the Ombudsman makes a decision under subsection (15A), the Ombudsman must:

                     (a)  refer the allegation, or information, that raises the corruption issue to the National Integrity Commissioner as soon as is reasonably practicable; and

                     (b)  give the National Integrity Commissioner any information or documents relating to the complaint that are in the possession, or under the control, of the Ombudsman; and

                     (c)  as soon as is reasonably practicable, give the complainant written notice that the complaint has been transferred to the National Integrity Commissioner.

        (15C)  In subsections (15A) and (15B):

corruption issue has the same meaning as in the National Integrity Commission Act 2013 .

National Integrity Commissioner has the same meaning as in the National Integrity Commission Act 2013 .

Privacy Act 1988

6  Subsection 18K(5) (note)

Repeal the note, substitute:

Note:          A credit reporting agency must not include a note about the disclosure of information in a file if a notation has been made on a summons, or a notice, relating to the disclosure of the information and the notation has not been cancelled (see section 29A of the Australian Crime Commission Act 2002 , section 91 of the Law Enforcement Integrity Commissioner Act 2006 and section 60 of the National Integrity Commission Act 2013 ).

Public Interest Disclosure Act 2013

7  Section 8 (after paragraph (b) of the definition of investigative agency )

Insert:

                   (ba)  the National Integrity Commissioner; or

8  Paragraph 50A(1)(b)

After “the IGIS”, insert “, the National Integrity Commissioner”.

9  Subsection 69(1) (after table item 13)

Insert:

13A

An Assistant National Integrity Commissioner.

The National Integrity Commissioner.

10  After paragraph 69(3)(b)

Insert:

                   (ba)  a person who is a member of the staff referred to in subsection 153(1) of the National Integrity Commission Act 2013 is taken to be a member of the staff of the National Integrity Commissioner; and

11  After paragraph 72(1)(o)

Insert:

                   (oa)  the National Integrity Commissioner; or

12  Subsection 73(1) (after table item 8)

Insert:

8A

The National Integrity Commissioner.

The National Integrity Commissioner.