25       National Anti-Corruption Commission Bill 2022

National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022

Order of the day read for the further consideration of the bills in committee of the whole.

In the committee

Consideration resumed of the bill— and of the amendments moved by Senator David Pocock on sheet 1769 (see entry no. 4).

Debate resumed.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 16

Senators—

Allman-Payne	Lambie	Rice	Thorpe
Cox	McKim	Roberts	Tyrrell
Faruqi	Pocock, Barbara	Shoebridge	Waters
Hanson-Young	Pocock, David*	Steele-John	Whish-Wilson

 

NOES, 30

Senators—

Antic	Chisholm	Henderson	Sheldon
Askew	Ciccone	Lines	Smith, Marielle
Ayres	Colbeck	O’Neill	Sterle
Bilyk	Dodson	Payman	Urquhart
Brown	Duniam	Polley	Walsh
Cadell*	Farrell	Pratt	Watt
Canavan	Green	Scarr	White
Cash	Grogan

* Tellers

Question negatived.

On the motion of Senator Lambie the following amendment on sheet 1777 was debated and negatived:

National Anti-Corruption Commission Bill 2022

(1)—Clause 8, page 17 (after line 21), at the end of the clause, add:

Journalist activities

(14)  To avoid doubt, conduct engaged in by a person who is an employee, contractor or agent of any Commonwealth agency (including the Australian Broadcasting Corporation and the Special Broadcasting Service Corporation) that is engaged in the business of reporting news, presenting current affairs or expressing editorial or other content in news media does not constitute corrupt conduct if:

                       (a)  the person engaged in the conduct in the person’s capacity as:

                                     (i)  a person engaged in the business of reporting news, presenting current affairs or expressing editorial or other content in news media; or

                                    (ii)  a person engaged as part of the editorial staff for the business of reporting news, presenting current affairs or expressing editorial or other content in news media; or

                      (b)  at the time of engaging in the conduct, the person:

                                     (i)  was a member of the administrative or production staff of the Commonwealth agency or of a contractor or agent of the Commonwealth agency; and

                                    (ii)  was acting under the direction of a journalist, editor or lawyer who was an employee, contractor or agent of the Commonwealth agency.

Senator Shoebridge moved the following amendment on sheet 1714 revised:

National Anti-Corruption Commission Bill 2022

(1)—Clause 73, page 70 (lines 20 to 24), omit subclause (2), substitute:

   (2)  The Commissioner may decide to hold a hearing, or part of a hearing, in public if the Commissioner is satisfied that it is in the public interest to do so.

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES, 14

Senators—

Allman-Payne	Lambie	Rice	Tyrrell
Cox	McKim*	Shoebridge	Waters
Faruqi	Pocock, Barbara	Thorpe	Whish-Wilson
Hanson-Young	Pocock, David

 

NOES, 30

Senators—

Antic	Chisholm	Lines	Sheldon
Askew	Ciccone	McLachlan	Smith, Marielle
Ayres	Colbeck	O’Neill	Sterle
Babet	Dodson	Payman	Urquhart
Bilyk	Farrell	Polley	Walsh
Brown	Green	Pratt	Watt
Canavan	Grogan	Scarr*	White
Cash	Henderson

* Tellers

Question negatived.

On the motion of Senator Shoebridge the following amendment on sheet 1714 revised was debated and negatived:

National Anti-Corruption Commission Bill 2022

(2)—Clause 73, page 70 (after line 24), after subclause (2), insert:

(2A)  For the purposes of subsection (2), exceptional circumstances include where it is preferrable and appropriate for evidence to be given in public rather than in private.

On the motion of Senator Shoebridge the following amendments on sheet 1714 revised, taken together by leave, were debated and negatived:

National Anti-Corruption Commission Bill 2022

(3)—Clause 124, page 111 (after line 23), after subsection 3E(2A) of the Crimes Act 1914 , insert:

(2AA)     Before deciding whether to issue a warrant, the issuing officer must:

                       (a)  give a notice in writing to the journalist or the employer of the journalist, to whom the warrant relates, stating that an application for a warrant has been made; and

                      (b)  give the journalist or the employer of the journalist, to whom the warrant relates, the opportunity to make written or oral submissions.

(2AB)     The Minister may, in writing, prescribe the form for the notice under paragraph (2AA)(a).

(4)—Clause 124, page 111 (after line 31), after subsection 3E(2B) of the Crimes Act 1914 , insert:

(2BA)     However, subsections (2AA) and (2B) do not apply if the issuing officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for believing that if a person was given a notice, there is a serious material risk that the evidential material might be concealed, lost, mutilated or destroyed.”

Senator Shoebridge moved the following amendments on sheet 1714 revised together by leave:

National Anti-Corruption Commission Bill 2022

(7)—Page 147 (after line 12), after clause 176, insert:

176A  Committee may request draft estimates for NACC

   (1)  The Committee may request the Commissioner to submit to the Committee draft estimates for the NACC for a financial year before the annual Commonwealth budget for that financial year.

   (2)  The Commissioner must comply with the request in time to allow the Committee to consider the draft estimates and make recommendations on them before the budget.

(8)—Clause 177, page 148 (after line 18), after paragraph (1)(f), insert:

                     (fa)  to consider draft estimates for the NACC submitted under section 176A;

                     (fb)  to make recommendations to both House of Parliament, and to the Attorney-General, on draft estimates referred to in paragraph (fa);

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 14

Senators—

Cox	McKim*	Shoebridge	Tyrrell
Faruqi	Pocock, Barbara	Steele-John	Waters
Hanson-Young	Pocock, David	Thorpe	Whish-Wilson
Lambie	Rice

 

NOES, 27

Senators—

Antic	Chisholm	McLachlan	Smith, Marielle
Askew	Ciccone	O’Neill	Sterle
Ayres	Dodson	Payman	Urquhart
Bilyk	Farrell	Polley	Walsh
Brown	Green	Pratt	Watt
Canavan	Grogan	Scarr*	White
Cash	Henderson	Sheldon

* Tellers

Question negatived.

Senator David Pocock, also on behalf of Senator Shoebridge, moved the following amendment on sheet 1775:

National Anti-Corruption Commission Bill 2022

(1)—Clause 178, page 150 (after line 17), after subclause (2), insert:

(2A)  If the proposed recommendation is for the appointment of the Commissioner or the Inspector:

                       (a)  the decision to approve or reject the recommendation is to be determined by a simple majority of members of the Committee; and

                      (b)  paragraph 173(5)(b) does not apply in relation to a vote on a decision to approve or reject a proposed recommendation.

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES, 13

Senators—

Allman-Payne	McKim*	Rice	Thorpe
Cox	Pocock, Barbara	Shoebridge	Waters
Faruqi	Pocock, David	Steele-John	Whish-Wilson
Hanson-Young

 

NOES, 32

Senators—

Antic	Chisholm	Lines	Sheldon
Askew	Davey	McAllister	Smith, Marielle
Ayres	Dodson	McLachlan	Sterle
Bilyk	Farrell	O’Neill	Tyrrell
Brown	Green	Payman	Urquhart
Cadell	Grogan	Polley	Walsh
Canavan	Henderson	Pratt	Watt
Cash	Lambie	Scarr*	White

* Tellers

Question negatived.

On the motion of Senator Shoebridge the following amendments on sheet 1778, taken together by leave, were debated and agreed to:

National Anti-Corruption Commission Bill 2022

(1)—Clause 184, page 152 (line 18) to page 153 (line 20), omit the clause, substitute:

184  Functions of the Inspector

   (1)  The Inspector has the following functions:

                       (a)  to detect corrupt conduct within, and relating to, the NACC;

                      (b)  to undertake preliminary investigations into NACC corruption issues or possible NACC corruption issues;

                       (c)  to conduct NACC corruption investigations into NACC corruption issues that could involve corrupt conduct that is serious or systemic;

                      (d)  to refer NACC corruption issues to the NACC, Commonwealth agencies and State or Territory government entities;

                       (e)  to investigate complaints of agency maladministration or officer misconduct made in relation to the conduct or activities of:

                                     (i)  the NACC; or

                                    (ii)  a staff member of the NACC;

                       (f)  to audit the operations of the NACC for the purpose of:

                                     (i)  monitoring compliance with the laws of the Commonwealth; and

                                    (ii)  detecting agency maladministration and officer misconduct;

                      (g)  to make recommendations to the NACC on the outcomes of such audits;

                      (h)  to provide relevant information and documents to the Committee;

                       (j)  to receive public interest disclosures (within the meaning of the Public Interest Disclosure Act 2013 ) and to deal with those disclosures;

                      (k)  to report, and make recommendations, to both Houses of the Parliament on the results of performing the functions mentioned in paragraphs (a) to (j).

   (2)  The Inspector also has such other functions conferred on the Inspector by this Act or by any other Act.

   (3)  For the purposes of this section:

agency maladministration means an act or omission engaged in by the NACC that:

                       (a)  is unlawful conduct; or

                      (b)  is not unlawful, but:

                                     (i)  is corrupt conduct; or

                                    (ii)  is unreasonable, unjust, oppressive or improperly discriminatory in its effect; or

                                   (iii)  arises, wholly or in part, from improper motives; or

                                   (iv)  arises, wholly or in part, from a decision that has taken irrelevant matters into consideration; or

                                    (v)  arises, wholly or in part, from a mistake of law or fact; or

                                   (vi)  is conduct of a kind for which reasons should have, but have not, been given; or

                       (c)  is in accordance with a law or established practice, being a law or practice that is, or may be, unreasonable, unjust, oppressive or improperly discriminatory in its effect.

officer misconduct means conduct engaged in by a staff member of the NACC, which, if engaged in by the NACC, would amount to agency maladministration.

(2)—Clause 214A, page 168 (lines 16 to 33), omit the clause, substitute:

214A  Inspector’s powers to conduct audits

          For the purposes of conducting an audit as mentioned in paragraph 184(1)(f), the Inspector:

                       (a)  may, at all reasonable times, enter and remain on any premises occupied by the NACC; and

                      (b)  is entitled to all reasonable facilities and assistance that the Commissioner is capable of providing; and

                       (c)  is entitled to full and free access at all reasonable times to any information, documents or other property of the NACC; and

                      (d)  may require a staff member of the NACC to provide any information the Inspector considers necessary, being information:

                                     (i)  that is in the staff member’s possession, or to which the staff member has access; and

                                    (ii)  that is relevant to the audit; and

                       (e)  may examine, make copies of or take extracts from any information or documents.

On the motion of Senator Shoebridge the following amendment on sheet 1714 revised was debated and negatived:

National Anti-Corruption Commission Bill 2022

(10)—Clause 241, page 203 (after line 25), after subclause (3), insert:

(3A)  A person must not be appointed as the Commissioner if the person is or has been a member of:

                       (a)  the Parliament of the Commonwealth; or

                      (b)  the Parliament of a State; or

                       (c)  the legislature of a Territory.

Senator Cash moved the following amendment on sheet 1763:

National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022

(1)—Schedule 1, item 2, page 5 (lines 3 to 11), to be opposed .

Debate ensued.

Question—That item 2 of Schedule 1 stand as printed—put and passed.

The National Anti-Corruption Commission Bill 2022 agreed to and reported with amendments and the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022 agreed to and reported without amendment.

On the motion of the Minister for Agriculture, Fisheries and Forestry (Senator Watt) the report from the committee was adopted and the bills read a third time.