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Part 3—The National Anti-Corruption Commission

Part 3 The National Anti-Corruption Commission

Division 1 The Commissioner

16   The Commissioner

                   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

18   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.

21   Constitution of the NACC

                   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.

22   Functions of the NACC

                   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.