Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Part 13—Miscellaneous

Part 13 Miscellaneous

Division 1 Parliamentary privilege and other protections

274   Effect of Act on parliamentary privileges and immunities

                   Apart from section 181 (committee’s access to certain information), this Act does not affect the law relating to the powers, privileges and immunities of any of the following:

                     (a)  each House of the Parliament;

                     (b)  the members of each House of the Parliament;

                     (c)  the committees of each House of the Parliament and joint committees of both Houses of the Parliament.

275   Protections relating to non-judicial functions and powers

                   To avoid doubt, this Act is a law of the Commonwealth relating to criminal matters for the purposes of sections 4AAA and 4AAB of the Crimes Act 1914 .

Note:          Sections 4AAA and 4AAB of the Crimes Act 1914 deal with the performance of functions, and the exercise of powers, that are neither judicial nor incidental to a judicial function by judges, magistrates and justices of the peace.

Division 2 Delegations and review

276   Delegations

General delegations

             (1)  The Commissioner may delegate all or any of the Commissioner’s functions, powers or duties to:

                     (a)  a Deputy Commissioner; or

                     (b)  a staff member of the NACC:

                              (i)  who is an SES employee or acting SES employee; or

                             (ii)  who holds, or is acting in, an Executive Level 2, or equivalent, position.

Decision to take no action

             (2)  Despite subsection (1), the Commissioner:

                     (a)  must not delegate the Commissioner’s duty under subsection 254(3) (appointment of CEO); and

                     (b)  may delegate the Commissioner’s power under subsection 41(6) (decision to take no action in relation to a corruption issue) to any staff member of the NACC.

Limits on general delegations

             (3)  Paragraph (1)(b) does not apply:

                     (a)  to a function, power or duty under:

                              (i)  Subdivisions A to D of Division 3 (hearings) of Part 7; or

                             (ii)  Division 7 (search powers) of Part 7; or

                            (iii)  Part 8 (reporting on corruption investigations); or

                            (iv)  Part 9 (public inquiries), other than the provisions of Part 7 as applied by section 163 (and not covered by subparagraph (i) or (ii)); or

                             (v)  section 230 (disclosure by authorised discloser in public interest); or

                            (vi)  this section; or

                     (b)  in relation to making an arrangement mentioned in subsection 239(1) (arrangements for dealing with intelligence information).

             (4)  To avoid doubt, the reference in subparagraphs (3)(a)(i) and (ii) to Part 7 includes a reference to that Part as applied by section 163.

Form of delegation

             (5)  A delegation under this section must be in writing and signed by the Commissioner.

Complying with directions

             (6)  In performing or exercising a function, power or duty delegated under subsection (1), the delegate must comply with any directions of the Commissioner.

277   Delegation by heads of Commonwealth agencies

             (1)  The head of a Commonwealth agency may delegate all or any of the head’s functions, powers or duties under this Act to a staff member of that agency who is:

                     (a)  an SES employee or acting SES employee; or

                     (b)  an individual who is concerned in, or takes part in, the management of the agency.

Limits on delegations

             (2)  Subsection (1) does not apply in relation to making an arrangement mentioned in subsection 239(1) (arrangements for dealing with intelligence information).

Complying with directions

             (3)  In performing a function or duty, or exercising a power, under subsection (1), the delegate must comply with any directions of the head of the agency.

278   Review of operation of Act

Undertaking the review

             (1)  The Minister must cause a review to be undertaken of the first 5 years of the operation of:

                     (a)  this Act; and

                     (b)  the amendments made by the National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022 .

             (2)  The review must be undertaken by one or more persons who, in the Minister’s opinion, possess appropriate qualifications to undertake the review.

Report to Minister

             (3)  The person or persons undertaking the review must give the Minister a written report of the review within 12 months after the end of the 5-year period.

Submissions

             (4)  The review must include an opportunity for the following to make written submissions on the operation of this Act:

                     (a)  persons who are or have been public officials;

                     (b)  members of the public.

Assistance

             (5)  An entrusted person 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

             (6)  The Minister must cause a copy of the report of the review to be laid before each House of the Parliament as soon as practicable after its receipt by the Minister.

Section not to apply if review conducted by Parliamentary committee

             (7)  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 Anti-Corruption Commission) has reviewed the operation of this Act, or started such a review, before the end of the 5-year period.

Division 3 Instruments under the Act

279   Guidelines

             (1)  The Commissioner may make written guidelines to assist any or all of the following in connection with the operation of this Act:

                     (a)  public officials;

                     (b)  any other person the Commissioner considers appropriate.

             (2)  Guidelines made under subsection (1) are not a legislative instrument.

280   Regulations

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

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

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

             (2)  The regulations may:

                     (a)  prescribe arrangements for the Commonwealth to provide financial assistance in respect of the following:

                              (i)  a person’s representation at a hearing by a legal practitioner;

                             (ii)  an application, or proposed application, to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under this Act;

                            (iii)  any other matter arising under, or in relation to, this Act; or

                     (b)  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.

Appropriation

             (3)  The Consolidated Revenue Fund is appropriated for the purposes of making payments to, or for the benefit of, parliamentarians under arrangements prescribed for the purposes of paragraph (2)(a) (arrangements for providing financial assistance).