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Part 1—Preliminary

Part 1 Preliminary

   

1   Short title

                   This Act is the National Anti-Corruption Commission Act 2022 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Part 1 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Parts 2 to 9

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

3.  Part 10, Division 1

The day after this Act receives the Royal Assent.

 

4.  Part 10, Divisions 2 to 4

At the same time as the provisions covered by table item 2.

 

5.  Parts 11 to 13

At the same time as the provisions covered by table item 2.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Objects of this Act

                   The objects of this Act include the following:

                     (a)  to facilitate:

                              (i)  the detection of corrupt conduct; and

                             (ii)  the timely investigation of corruption issues that could involve corrupt conduct that is serious or systemic;

                     (b)  to enable, after investigation of a corruption issue, the referral of persons for criminal prosecution, civil proceedings or disciplinary action;

                     (c)  to prevent corrupt conduct;

                     (d)  to educate and provide information about corruption and the detrimental effects of corruption on public administration and the Australian community.

4   Simplified outline of this Act

This Act provides for the appointment of the National Anti-Corruption Commissioner, and establishes the National Anti-Corruption Commission.

The Commissioner is able to investigate corruption issues that could involve corrupt conduct that is serious or systemic.

A corruption issue is an issue of whether a person has engaged, is engaging or will engage in corrupt conduct.

Corrupt conduct is defined in section 8, and can only be:

       (a)     conduct by a public official; or

      (b)     conduct that adversely affects, or that could adversely affect, the honest or impartial exercise or performance of a public official’s powers, functions or duties.

Part 4 provides special protections for persons who refer corruption issues, or provide other information, under this Act.

Parts 5 to 7 set out processes for referring, dealing with and investigating corruption issues.

Requirements for reporting on corruption investigations are found in Part 8.

The Commissioner can also:

       (a)     conduct broader public inquiries into corruption risks and prevention measures within Commonwealth agencies; and

      (b)     provide education and information in relation to corrupt conduct and preventing that conduct.

The work of the Commission is overseen by the Parliamentary Joint Committee on the National Anti-Corruption Commission.

The Inspector of the National Anti-Corruption Commission assists with this oversight, in particular with corruption issues and complaints relating to the Commission.

5   Application of this Act

                   This Act applies both within and outside Australia and extends to the external Territories.

6   Crown to be bound

             (1)  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.

             (2)  This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

7   Definitions

accountable authority has the same meaning as in the PGPA Act.

AFP means the Australian Federal Police.

AFP Commissioner means the Commissioner of Police (within the meaning of the Australian Federal Police Act 1979 ).

agency head : see subsection 11(1).

annual report : see subsections 198(1) and 271(1).

Australia , when used in a geographical sense, includes the external Territories.

Australian Geospatial-Intelligence Organisation means that part of the Defence Department known as the Australian Geospatial-Intelligence Organisation.

Australian travel document has the same meaning as in the Australian Passports Act 2005 .

authorised discloser : see subsection 227(1).

authorised officer means:

                     (a)  the Commissioner; or

                     (b)  a Deputy Commissioner; or

                     (c)  a person appointed under section 267 (appointment of authorised officers).

CEO means the Chief Executive Officer of the National Anti-Corruption Commission.

Note:          See section 251.

civil penalty proceeding means a proceeding for a civil penalty in relation to a contravention of a law of the Commonwealth or of a State or Territory.

Commissioner means the National Anti-Corruption Commissioner.

Note:          See section 16.

Committee means the Parliamentary Joint Committee on the National Anti-Corruption Commission for the time being constituted under Division 1 of Part 10.

Commonwealth agency : see section 11.

Commonwealth company has the same meaning as in the PGPA Act.

Commonwealth contract : see subsection 13(2).

Commonwealth entity has the same meaning as in the PGPA Act.

Commonwealth integrity agency : see section 15.

completion report : see paragraph 52(b).

confiscation proceeding : see section 136.

constable means:

                     (a)  a member or special member of the AFP; or

                     (b)  a member of the police force or police service of a State or Territory.

container includes:

                     (a)  a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and

                     (b)  any baggage; and

                     (c)  any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose.

contract includes any arrangement, agreement, deed or understanding.

contracted service provider : see section 13.

contravenes :

                     (a)  for a certificate issued under section 235—see subsection 235(9); and

                     (b)  for an international relations certificate—see subsection 236(8).

conveyance includes an aircraft, vehicle or vessel.

corporate Commonwealth entity has the same meaning as in the PGPA Act.

corrupt conduct : see section 8.

corruption investigation : see subsection 41(2).

corruption issue : see section 9.

criminal proceeding means a prosecution for an offence against a law of the Commonwealth or of a State or Territory.

Defence Department means the Department administered by the Minister administering Part III of the Defence Act 1903 .

Defence Intelligence Organisation means that part of the Defence Department known as the Defence Intelligence Organisation.

Deputy Commissioner means a National Anti-Corruption Deputy Commissioner.

Note:          See section 18.

derivative material : see section 133.

detriment : see subsection 29(2).

direction to produce : see subsection 57(3).

entrusted person : see subsection 227(2).

exempt secrecy provision means any of the following secrecy provisions:

                     (a)  Part 11 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ;

                     (b)  section 34 of the Inspector-General of Intelligence and Security Act 1986 ;

                     (c)  a secrecy provision under the My Health Records Act 2012 ;

                     (d)  a secrecy provision in Part VIIIA of the Privacy Act 1988 ;

                     (e)  sections 45 and 45B of the Surveillance Devices Act 2004 ;

                      (f)  a secrecy provision that is a provision of a taxation law within the meaning of the Taxation Administration Act 1953 ;

                     (g)  sections 63 and 133 of the Telecommunications (Interception and Access) Act 1979 ;

                     (h)  a secrecy provision that is expressed by another law of the Commonwealth to have effect despite this Act;

                      (i)  anything done under a provision referred to in paragraphs (a) to (h).

Federal Court means the Federal Court of Australia.

finance law has the same meaning as in the PGPA Act.

Foreign Affairs Department : see subsection 240(3).

head :

                     (a)  of a Commonwealth agency—see subsection 11(1); and

                     (b)  of a State or Territory government entity—means the person holding, or performing the duties of, the principal office in respect of the entity.

hearing means a hearing held under this Act.

IGIS means the Inspector-General of Intelligence and Security.

IGIS official means:

                     (a)  the IGIS; or

                     (b)  any other person covered by subsection 32(1) of the Inspector-General of Intelligence and Security Act 1986 .

imminent : for when a charge for an offence, or a confiscation proceeding, is imminent , see subsections 132(1) and (2).

inquiry report : see subsection 164(1).

Inspector means the Inspector of the National Anti-Corruption Commission.

Note:          See section 182.

Inspector-General of Biosecurity means the Inspector-General of Biosecurity appointed under section 566A of the Biosecurity Act 2015 .

Inspector-General of Live Animal Exports means the Inspector-General of Live Animal Exports referred to in section 9 of the Inspector-General of Live Animal Exports Act 2019 .

Inspector-General of the Australian Defence Force means the Inspector-General of the Australian Defence Force referred to in section 110B of the Defence Act 1903 .

Inspector-General of Water Compliance means the Inspector-General of Water Compliance referred to in section 215B of the Water Act 2007 .

intelligence agency means:

                     (a)  the Australian Geospatial-Intelligence Organisation; or

                     (b)  the Australian Secret Intelligence Service; or

                     (c)  the Australian Security Intelligence Organisation; or

                     (d)  the Australian Signals Directorate; or

                     (e)  the Defence Intelligence Organisation; or

                      (f)  the Office of National Intelligence.

intelligence information : see subsection 239(6).

international relations has the meaning given by section 10 of the National Security Information (Criminal and Civil Proceedings) Act 2004 .

international relations certificate : see subsection 236(2).

investigation material : see section 99.

investigation report : see subsection 149(1).

law enforcement agency means:

                     (a)  the AFP; or

                     (b)  a police force or police service of a State or Territory; or

                     (c)  any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or Territory.

law of the Commonwealth includes a law in force in an external Territory or the Jervis Bay Territory, so far as the law is so in force because of an Act providing for the acceptance, administration or government of that Territory.

legal aid officer : see subsection 98(5).

legal practitioner means a barrister, a solicitor, a barrister and solicitor or a legal practitioner of the High Court or of the Supreme Court of a State or Territory.

magistrate : see subsection 112(5).

NACC means the National Anti-Corruption Commission.

Note:          See section 20.

NACC Act process means:

                     (a)  a corruption investigation; or

                     (b)  a NACC complaint investigation; or

                     (c)  a NACC corruption investigation; or

                     (d)  a public inquiry.

NACC Commissioner means:

                     (a)  the Commissioner; or

                     (b)  a Deputy Commissioner.

NACC complaint investigation : see subsection 212(2).

NACC corruption investigation : see subsection 210(2).

NACC corruption issue : see section 201.

NACC disclosure : see section 23.

NACC investigation report : see subsection 215(1).

non-disclosure notation : see subsection 95(1).

notice to produce : see subsection 58(3).

occupier : see subsection 268(6).

official matter : see subsection 95(5).

official of a registered industrial organisation means a person who holds an office (within the meaning of the Fair Work Act 2009 ) in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009 .

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

parliamentarian means:

                     (a)  a senator; or

                     (b)  a member of the House of Representatives; or

                     (c)  a Minister of State (whether or not a senator or member of the House of Representatives); or

                     (d)  a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or

                     (e)  a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or

                      (f)  a person to whom remuneration is payable under section 49 of the Parliamentary Business Resources Act 2017 .

parliamentary office means the office of a parliamentarian.

Note:          A parliamentarian is not a staff member of the parliamentary office (see paragraph 12(5)(c)).

permanent resident of Australia : see subsection 240(4).

person assisting the Inspector: see section 195.

PGPA Act means the Public Governance, Performance and Accountability Act 2013 .

post-charge : see section 130.

post-confiscation application : see section 135.

pre-charge : see section 129.

pre-confiscation application : see section 134.

premises includes a place, a conveyance or a container.

private hearing summons : see subsection 95(4).

proceeds of crime authority : see section 138.

prosecuting authority : see subsection 105(6).

prosecutor : see subsection 105(5).

protected information report : see sections 152, 165 and 218.

protected suspect : see subsection 132(3).

public inquiry means a public inquiry conducted under Part 9.

public official : see section 10.

relevant confiscation proceeding : see section 137.

relevant offence : see section 131.

resolved : for when a charge for an offence, or a confiscation proceeding, is resolved , see section 139.

secrecy provision means:

                     (a)  a provision of a law of the Commonwealth that purports to prohibit; or

                     (b)  anything done, under a provision of a law of the Commonwealth, to prohibit;

any of the following:

                     (c)  the use of information, or a document or thing;

                     (d)  dealing with information, or a document or thing;

                     (e)  making a record of information, or a copy of a document or thing;

                      (f)  the disclosure or publication of information;

                     (g)  the production of, or the publication of the contents of, a document;

                     (h)  the production of a thing;

                      (i)  access to information, a document or a thing;

regardless of whether the provision of the law of the Commonwealth:

                      (j)  commenced before the commencement of this definition; or

                     (k)  is expressed to apply despite any other law.

section 235 certified information means:

                     (a)  information that is about a matter specified in a certificate in force under section 235; or

                     (b)  information contained in a document specified in a certificate in force under section 235.

security matter : see subsection 237(4).

sensitive information : see subsection 227(3).

serious offence : see subsection 112(6).

staff member :

                     (a)  of a Commonwealth agency—see section 12;

                     (b)  of the NACC—see section 266.

State or Territory government entity means:

                     (a)  a Department of a State or Territory; or

                     (b)  a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.

statutory office holder : see section 14.

subsidiary has the same meaning as in the PGPA Act.

summons means a summons issued under section 63.

superior court judge : see subsection 90(3).

takes a reprisal : see section 29.

travel document : see subsection 88(2).

witness :

                     (a)  means a person who:

                              (i)  is required to comply with a notice to produce; or

                             (ii)  is summoned to attend a hearing; or

                            (iii)  gives evidence at a hearing; and

                     (b)  in relation to investigation material, has the meaning given by subsection 99(4); and

                     (c)  in relation to derivative material, has the meaning given by subsection 99(5).