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Part 3 — The National Anti-Corruption Commission
There is to be a National Anti-Corruption Commissioner.
Note: For provisions in relation to the Commissioner’s appointment, see Division 1 of Part 12.
17 Functions of the Commissioner
The Commissioner has the following functions:
(a) to detect corrupt conduct;
(b) to conduct preliminary investigations into corruption issues or possible corruption issues;
(c) to conduct corruption investigations into corruption issues that could involve corrupt conduct that is serious or systemic;
(d) to report on corruption investigations and public inquiries;
(e) to refer corruption issues to Commonwealth agencies and State or Territory government entities;
(f) to oversee investigations into corruption issues conducted by Commonwealth agencies;
(g) to conduct public inquiries into:
(i) the risk of corrupt conduct occurring; and
(ii) measures directed at dealing with that risk and preventing that conduct;
(h) to provide education and information in relation to corrupt conduct and preventing that conduct;
(i) to collect, correlate, analyse and disseminate general information and intelligence about corrupt conduct;
(j) to report, and make recommendations, to the Minister concerning the need for, or desirability of, legislative or administrative reform in relation to any matters dealt with by this Act;
(k) to provide relevant information and documents to the Committee;
(l) to receive public interest disclosures (within the meaning of the Public Interest Disclosure Act 2013 ) and to deal with those disclosures;
(m) any other functions conferred on the Commissioner by this Act or another Act;
(n) to do anything incidental or conducive to the performance of any of the above functions.
Division 2 — The Deputy Commissioners
There are to be up to 3 National Anti-Corruption Deputy Commissioners.
Note: For provisions in relation to a Deputy Commissioner’s appointment, see Division 1 of Part 12.
19 Functions of a Deputy Commissioner
(1) The functions of a Deputy Commissioner are:
(a) to assist the Commissioner in performing the Commissioner’s functions; and
(b) any other function conferred on a Deputy Commissioner by this Act or another Act.
(2) In performing those functions, a Deputy Commissioner must comply with any directions of the Commissioner.
(3) A direction under subsection (2) is not a legislative instrument.
Division 3 — The National Anti-Corruption Commission
20 Establishment of the National Anti-Corruption Commission
(1) The National Anti-Corruption Commission (the NACC ) is established by this section.
(2) For the purposes of the finance law:
(a) the NACC is a listed entity; and
(b) the CEO is the accountable authority of the NACC; and
(c) the staff members of the NACC (as defined in section 266) are officials of the NACC; and
(d) the purposes of the NACC include:
(i) the functions of the Commissioner referred to in section 17; and
(ii) the functions of a Deputy Commissioner referred to in section 19; and
(iii) the functions of the NACC referred to in section 22; and
(iv) the functions of the CEO referred to in section 252.
The NACC consists of:
(a) the Commissioner; and
(b) any Deputy Commissioners; and
(c) the CEO; and
(d) the staff referred to in section 262.
The NACC has the following functions:
(a) to assist the Commissioner in performing the Commissioner’s functions;
(b) to assist any Deputy Commissioner in performing the Deputy Commissioner’s functions.