Part 3Corrupt
conduct
7Corrupt
conduct
(1)
For the purposes of this Act, corrupt conduct is
any conduct which falls within the description of corrupt conduct in section
8, but which is not excluded by section 9.
(2)
Conduct comprising a conspiracy or attempt to
commit or engage in conduct that would be corrupt conduct under section 8
shall itself be regarded as corrupt conduct under section
8.
(3)
Conduct comprising such a conspiracy or attempt
is not excluded by section 9 if, had the conspiracy or attempt been brought to
fruition in further conduct, the further conduct could constitute or involve
an offence or grounds referred to in that section.
s 7: Am 2015 No 28,
Sch 1 [1] [2].
8General nature of corrupt
conduct
(1)
Corrupt conduct is—
(a)
any conduct of any person (whether or not a
public official) that adversely affects, or that could adversely affect,
either directly or indirectly, the honest or impartial exercise of official
functions by any public official, any group or body of public officials or any
public authority, or
(b)
any conduct of a public official that constitutes
or involves the dishonest or partial exercise of any of his or her official
functions, or
(c)
any conduct of a public official or former public
official that constitutes or involves a breach of public trust,
or
(d)
any conduct of a public official or former public
official that involves the misuse of information or material that he or she
has acquired in the course of his or her official functions, whether or not
for his or her benefit or for the benefit of any other
person.
(2)
Corrupt conduct is also any conduct of any person
(whether or not a public official) that adversely affects, or that could
adversely affect, either directly or indirectly, the exercise of official
functions by any public official, any group or body of public officials or any
public authority and which could involve any of the following
matters—
(a)
official misconduct (including breach of trust,
fraud in office, nonfeasance, misfeasance, malfeasance, oppression, extortion
or imposition),
(b)
bribery,
(c)
blackmail,
(d)
obtaining or offering secret
commissions,
(e)
fraud,
(f)
theft,
(g)
perverting the course of
justice,
(h)
embezzlement,
(i)
election bribery,
(j)
election funding offences,
(k)
election fraud,
(l)
treating,
(m)
tax evasion,
(n)
revenue evasion,
(o)
currency violations,
(p)
illegal drug dealings,
(q)
illegal gambling,
(r)
obtaining financial benefit by vice engaged in by
others,
(s)
bankruptcy and company
violations,
(t)
harbouring criminals,
(u)
forgery,
(v)
treason or other offences against the
Sovereign,
(w)
homicide or violence,
(x)
matters of the same or a similar nature to any
listed above,
(y)
any conspiracy or attempt in relation to any of
the above.
(2A)
Corrupt conduct is also any conduct of any person
(whether or not a public official) that impairs, or that could impair, public
confidence in public administration and which could involve any of the
following matters—
(a)
collusive tendering,
(b)
fraud in relation to applications for licences,
permits or other authorities under legislation designed to protect health and
safety or the environment or designed to facilitate the management and
commercial exploitation of resources,
(c)
dishonestly obtaining or assisting in obtaining,
or dishonestly benefiting from, the payment or application of public funds for
private advantage or the disposition of public assets for private
advantage,
(d)
defrauding the public
revenue,
(e)
fraudulently obtaining or retaining employment or
appointment as a public official.
(3)
Conduct may amount to corrupt conduct under
subsection (1), (2) or (2A) even though it occurred before the commencement of
that subsection, and it does not matter that some or all of the effects or
other ingredients necessary to establish such corrupt conduct occurred before
that commencement and that any person or persons involved are no longer public
officials.
(4)
Conduct committed by or in relation to a person
who was not or is not a public official may amount to corrupt conduct under
this section with respect to the exercise of his or her official functions
after becoming a public official. This subsection extends to a person seeking
to become a public official even if the person fails to become a public
official.
(5)
Conduct may amount to corrupt conduct under this
section even though it occurred outside the State or outside Australia, and
matters listed in subsection (2) or (2A) refer to—
(a)
matters arising in the State or matters arising
under the law of the State, or
(b)
matters arising outside the State or outside
Australia or matters arising under the law of the Commonwealth or under any
other law.
(6)
The specific mention of a kind of conduct in a
provision of this section shall not be regarded as limiting or expanding the
scope of any other provision of this section.
s 8: Am 1990 No 80,
Sch 1 (6); 2015 No 28, Sch 1 [3]–[7].
9Limitation on nature of
corrupt conduct
(1)
Despite section 8, conduct does not amount to
corrupt conduct unless it could constitute or involve—
(a)
a criminal offence, or
(b)
a disciplinary offence, or
(c)
reasonable grounds for dismissing, dispensing
with the services of or otherwise terminating the services of a public
official, or
(d)
in the case of conduct of a Minister of the Crown
or a member of a House of Parliament—a substantial breach of an
applicable code of conduct.
(2)
It does not matter that proceedings or action for
such an offence can no longer be brought or continued, or that action for such
dismissal, dispensing or other termination can no longer be
taken.
(3)
For the purposes of this section—
applicable code of conduct means, in
relation to—
(a)
a Minister of the Crown—a ministerial code
of conduct prescribed or adopted for the purposes of this section by the
regulations, or
(b)
a member of the Legislative Council or of the
Legislative Assembly (including a Minister of the Crown)—a code of
conduct adopted for the purposes of this section by resolution of the House
concerned.
criminal
offence means a criminal offence under the law of the State
or under any other law relevant to the conduct in question.
disciplinary offence includes any
misconduct, irregularity, neglect of duty, breach of discipline or other
matter that constitutes or may constitute grounds for disciplinary action
under any law.
(4)
Subject to subsection (5), conduct of a Minister
of the Crown or a member of a House of Parliament which falls within the
description of corrupt conduct in section 8 is not excluded by this section if
it is conduct that would cause a reasonable person to believe that it would
bring the integrity of the office concerned or of Parliament into serious
disrepute.
(5)
Without otherwise limiting the matters that it
can under section 74A (1) include in a report under section 74, the Commission
is not authorised to include a finding or opinion that a specified person has,
by engaging in conduct of a kind referred to in subsection (4), engaged in
corrupt conduct, unless the Commission is satisfied that the conduct
constitutes a breach of a law (apart from this Act) and the Commission
identifies that law in the report.
(6)
A reference to a disciplinary offence in this
section and sections 74A and 74B includes a reference to a substantial breach
of an applicable requirement of a code of conduct required to be complied with
under section 440 (5) of the Local Government
Act 1993, but does not include a reference to any other
breach of such a requirement.
s 9: Am 1994 No 86,
sec 3 (a)–(c); 2004 No 73, Sch 4; 2005 No 10, Sch 1
[6].
10Complaints about possible
corrupt conduct
(1)
Any person may make a complaint to the Commission
about a matter that concerns or may concern corrupt
conduct.
(2)
The Commission may investigate a complaint or
decide that a complaint need not be investigated.
(3)
The Commission may discontinue an investigation
of a complaint.
(4)
If a prisoner informs the governor of the prison
that the prisoner wishes to make a complaint under this section, the governor
of the prison must—
(a)
take all steps necessary to facilitate the making
of the complaint, and
(b)
send immediately to the Commission, unopened, any
written matter addressed to the Commission.
(5)
For the purposes of subsection (4), prisoner and governor of a prison have the same
meanings as inmate and governor have in the Crimes (Administration of Sentences) Act
1999.
s 10: Am 1990 No 80,
Sch 1 (1); 1999 No 94, Sch 4.30 [1].
11Duty to notify Commission of
possible corrupt conduct
(1)
This section applies to the following
persons—
(a)
the Ombudsman,
(b)
the Commissioner of Police,
(c)
the principal officer of a public
authority,
(d)
an officer who constitutes a public
authority,
(e)
a Minister of the
Crown.
(2)
A person to whom this section applies is under a
duty to report to the Commission any matter that the person suspects on
reasonable grounds concerns or may concern corrupt
conduct.
(2A)
Despite subsection (2), the Commissioner of
Police is not under a duty to report to the Commission any matter that
concerns or may concern corrupt conduct of a police officer or administrative
employee (within the meaning of the Law Enforcement
Conduct Commission Act 2016) unless the Commissioner of
Police suspects on reasonable grounds that the matter also concerns or may
concern corrupt conduct of another public official.
(2B)
Despite subsection (2), the Commissioner for the
New South Wales Crime Commission (the Crime
Commissioner) is not under a duty to report to the
Commission any matter that concerns or may concern corrupt conduct of a Crime
Commission officer (within the meaning of the Law Enforcement
Conduct Commission Act 2016) unless the Crime Commissioner
suspects on reasonable grounds that the matter also concerns or may concern
corrupt conduct of another public official.
(3)
The Commission may issue guidelines as to what
matters need or need not be reported.
(3A)
A Minister of the Crown who is under a duty under
this section to report a matter may (despite subsection (2)) report the matter
either to the Commission or to the head of any agency responsible to the
Minister.
(4)
This section has effect despite any duty of
secrecy or other restriction on disclosure.
(5)
The regulations may prescribe who is the
principal officer of a public authority, but in the absence of regulations
applying in relation to a particular public authority, the principal officer
is the person who is the head of the authority, its most senior officer or the
person normally entitled to preside at its meetings.
(6)
The regulations may prescribe the principal
officer of a separate office within a public authority as the principal
officer of the public authority in relation to matters concerning the separate
office.
s 11: Am 2006 No 64,
Sch 2 [1]; 2008 No 60, Sch 2 [1]; 2008 No 123, Sch 1 [1]–[4]; 2009 No
95, Sch 1 [1]; 2016 No 61, Sch 6.25 [1].
Part 7Parliamentary Joint
Committee
63Constitution of Joint
Committee
As soon as practicable after the commencement of
this Part and the commencement of the first session of each Parliament, a
joint committee of members of Parliament, to be known as the Committee on the
Independent Commission Against Corruption, shall be
appointed.
64Functions
(1)
The functions of the Joint Committee are as
follows—
(a)
to monitor and to review the exercise by the
Commission and the Inspector of the Commission’s and Inspector’s
functions,
(b)
to report to both Houses of Parliament, with such
comments as it thinks fit, on any matter appertaining to the Commission or the
Inspector or connected with the exercise of its functions to which, in the
opinion of the Joint Committee, the attention of Parliament should be
directed,
(c)
to examine each annual and other report of the
Commission and of the Inspector and report to both Houses of Parliament on any
matter appearing in, or arising out of, any such report,
(d)
to examine trends and changes in corrupt conduct,
and practices and methods relating to corrupt conduct, and report to both
Houses of Parliament any change which the Joint Committee thinks desirable to
the functions, structures and procedures of the Commission and the
Inspector,
(e)
to inquire into any question in connection with
its functions which is referred to it by both Houses of Parliament, and report
to both Houses on that question.
(2)
Nothing in this Part authorises the Joint
Committee—
(a)
to investigate a matter relating to particular
conduct, or
(b)
to reconsider a decision to investigate, not to
investigate or to discontinue investigation of a particular complaint,
or
(c)
to reconsider the findings, recommendations,
determinations or other decisions of the Commission in relation to a
particular investigation or complaint.
s 64: Am 2005 No 10,
Sch 1 [24]–[26].
64APower to veto proposed
appointment of a Commissioner or the Inspector
(1)
The Minister is to refer a proposal to appoint a
person as a Commissioner or Inspector to the Joint Committee and the Committee
is empowered to veto the proposed appointment as provided by this section. The
Minister may withdraw a referral at any time.
(2)
The Joint Committee has 14 days after the
proposed appointment is referred to it to veto the proposal and has a further
30 days (after the initial 14 days) to veto the proposal if it notifies the
Minister within that 14 days that it requires more time to consider the
matter.
(3)
The Joint Committee is to notify the Minister,
within the time that it has to veto a proposed appointment, whether or not it
vetoes it.
(4)
A referral or notification under this section is
to be in writing.
s 64A: Ins 1992 No
43, Sch 1. Am 2005 No 10, Sch 1 [27]; 2016 No 65, Sch 1 [9].
65Membership
(1)
The Joint Committee shall consist of 11 members,
of whom—
(a)
3 shall be members of, and appointed by, the
Legislative Council, and
(b)
8 shall be members of, and appointed by, the
Legislative Assembly.
(2)
The appointment of members of the Joint Committee
shall, as far as practicable, be in accordance with the practice of Parliament
with reference to the appointment of members to serve on joint committees of
both Houses of Parliament.
(3)
A person is not eligible for appointment as a
member of the Joint Committee if the person is a Minister of the Crown or a
Parliamentary Secretary.
s 65: Am 1995 No 3,
Sch 2 (1) (2).
66Vacancies
(1)
A member of the Joint Committee ceases to hold
office—
(a)
when the Legislative Assembly is dissolved or
expires by the effluxion of time, or
(b)
if the member becomes a Minister of the Crown or
a Parliamentary Secretary, or
(c)
if the member ceases to be a member of the
Legislative Council or Legislative Assembly, or
(d)
if, being a member of the Legislative Council,
the member resigns the office by instrument in writing addressed to the
President of the Legislative Council, or
(e)
if, being a member of the Legislative Assembly,
the member resigns the office by instrument in writing addressed to the
Speaker of the Legislative Assembly, or
(f)
if the member is discharged from office by the
House of Parliament to which the member belongs.
(2)
Either House of Parliament may appoint one of its
members to fill a vacancy among the members of the Joint Committee appointed
by that House.
67Chair and Deputy
Chair
(1)
There shall be a Chair and a Deputy Chair of the
Joint Committee, who shall be elected by and from the members of the Joint
Committee.
(2)
A member of the Joint Committee ceases to hold
office as Chair or Deputy Chair of the Joint Committee if—
(a)
the member ceases to be a member of the
Committee, or
(b)
the member resigns the office by instrument in
writing presented to a meeting of the Committee, or
(c)
the member is discharged from office by the
Committee.
(3)
At any time when the Chair is absent from New
South Wales or is, for any reason, unable to perform the duties of Chair or
there is a vacancy in that office, the Deputy Chair may exercise the functions
of the Chair under this Act or under the Parliamentary
Evidence Act 1901.
s 67: Am 2007 No 27,
Sch 1.22 [1] [2].
68Procedure
(1)
The procedure for the calling of meetings of the
Joint Committee and for the conduct of business at those meetings shall,
subject to this Act, be as determined by the Committee.
(2)
The Clerk of the Legislative Assembly shall call
the first meeting of the Joint Committee in each Parliament in such manner as
the Clerk thinks fit.
(3)
At a meeting of the Joint Committee, 6 members
constitute a quorum, but the Committee shall meet as a joint committee at all
times.
(4)
The Chair or, in the absence of the Chair, the
Deputy Chair or, in the absence of both the Chair and the Deputy Chair, a
member of the Joint Committee elected to chair the meeting by the members
present shall preside at a meeting of the Joint
Committee.
(5)
The Deputy Chair or other member presiding at a
meeting of the Joint Committee shall, in relation to the meeting, have all the
functions of the Chair.
(6)
The Chair, Deputy Chair or other member presiding
at a meeting of the Joint Committee shall have a deliberative vote and, in the
event of an equality of votes, shall also have a casting
vote.
(7)
A question arising at a meeting of the Joint
Committee shall be determined by a majority of the votes of the members
present and voting.
(8)
The Joint Committee may sit and transact business
despite any prorogation of the Houses of Parliament or any adjournment of
either House of Parliament.
(9)
The Joint Committee may sit and transact business
on a sitting day of a House of Parliament during the time of
sitting.
s 68: Am 1995 No 3,
Sch 2 (3); 2007 No 27, Sch 1.22 [1] [2].
68AProcedure if Parliament not in
session
(1)
If a House of Parliament is not sitting when the
Joint Committee seeks to furnish a report to it, the Committee may present
copies of the report to the Clerk of the House.
(2)
The report—
(a)
on presentation and for all purposes is taken to
have been laid before the House, and
(b)
may be printed by authority of the Clerk,
and
(c)
if printed by authority of the Clerk, is for all
purposes taken to be a document published by or under the authority of the
House, and
(d)
is to be recorded in the Minutes, or Votes and
Proceedings, of the House on the first sitting day of the House after receipt
of the report by the Clerk.
s 68A: Ins 1991 No
54, Sch 1 (5).
69Evidence
(1)
The Joint Committee shall have power to send for
persons, papers and records.
(2)
Subject to section 70, the Joint Committee shall
take all evidence in public.
(3)
Where the Joint Committee as constituted at any
time has taken evidence in relation to a matter but the Committee as so
constituted has ceased to exist before reporting on the matter, the Committee
as constituted at any subsequent time, whether during the same or another
Parliament, may consider that evidence as if it had taken the
evidence.
(4)
The production of documents to the Joint
Committee shall be in accordance with the practice of the Legislative Assembly
with respect to the production of documents to select committees of the
Legislative Assembly.
70Confidentiality
(1)
Where any evidence proposed to be given before,
or the whole or a part of a document produced or proposed to be produced in
evidence to, the Joint Committee relates to a secret or confidential matter,
the Committee may, and at the request of the witness giving the evidence or
producing the document shall—
(a)
take the evidence in private,
or
(b)
direct that the document, or the part of the
document, be treated as confidential.
(1A)
If any evidence proposed to be given before, or
the whole or a part of a document produced or proposed to be produced in
evidence to, the Joint Committee relates to the proposed appointment of a
person as Commissioner or Inspector, the Committee must (despite any other
provision of this section)—
(a)
take the evidence in private,
or
(b)
direct that the document, or the part of the
document, be treated as confidential.
(1B)
Despite any other provision of this section
except subsection (6), the Joint Committee must not, and a person (including a
member of the Committee) must not, disclose any evidence or the contents of a
document or that part of a document to which subsection (1A)
applies.
Maximum penalty—20 penalty units or
imprisonment for 3 months, or both.
(1C)
Despite any other provision of this section
except subsection (6), the Joint Committee (including a member of the
Committee) must not, and any person assisting the Committee or present during
the deliberations of the Committee must not, except in accordance with section
64A (3), disclose whether or not the Joint Committee or any member of the
Joint Committee has vetoed, or proposes to veto, the proposed appointment of a
person as Commissioner or Inspector.
Maximum penalty—20 penalty units or
imprisonment for 3 months, or both.
(2)
Where a direction under subsection (1) applies to
a document or part of a document produced in evidence to the Joint Committee,
the contents of the document or part shall, for the purposes of this section,
be taken to be evidence given by the person producing the document and taken
by the Committee in private.
(3)
Where, at the request of a witness, evidence is
taken by the Joint Committee in private—
(a)
the Committee shall not, without the consent in
writing of the witness, and
(b)
a person (including a member of the Committee)
shall not, without the consent in writing of the witness and the authority of
the Committee under subsection (5),
disclose or publish the whole or a part of that
evidence.
Maximum penalty—20 penalty units or
imprisonment for 3 months, or both.
(4)
Where evidence is taken by the Joint Committee in
private otherwise than at the request of a witness, a person (including a
member of the Committee) shall not, without the authority of the Committee
under subsection (5), disclose or publish the whole or a part of that
evidence.
Maximum penalty—20 penalty units or
imprisonment for 3 months, or both.
(5)
The Joint Committee may, in its discretion,
disclose or publish or, by writing under the hand of the Chair, authorise the
disclosure or publication of evidence taken in private by the Committee, but
this subsection does not operate so as to affect the necessity for the consent
of a witness under subsection (3).
(6)
Nothing in this section prohibits—
(a)
the disclosure or publication of evidence that
has already been lawfully published, or
(b)
the disclosure or publication by a person of a
matter of which the person has become aware other than by reason, directly or
indirectly, of the giving of evidence before the Joint
Committee.
(7)
This section has effect despite section 4 of the
Parliamentary Papers (Supplementary Provisions) Act
1975.
(8)
If evidence taken by the Joint Committee in
private is disclosed or published in accordance with this section, sections 5
and 6 of the Parliamentary Papers (Supplementary
Provisions) Act 1975 apply to and in relation to the
disclosure or publication as if it were a publication of that evidence under
the authority of section 4 of that Act.
Note—
The Defamation Act
2005 makes provision for 2 defences in respect of the
publication of defamatory matter that is contained in evidence taken by, or
documents produced to, the Joint Committee in private, but only if the
evidence or documents have been disclosed or published in accordance with this
section.
Section 28 of the Defamation Act
2005 (when read with clause 8 of Schedule 2 to that Act)
ensures that such documents attract the defence relating to public documents
in defamation proceedings.
Section 29 of the Defamation Act
2005 (when read with clause 17 of Schedule 3 to that Act)
ensures that proceedings in which such evidence is taken or documents produced
attract the defences relating to fair reports of proceedings of public concern
in defamation proceedings.
s 70: Am 1992 No 43,
Sch 1; 2005 No 77, Sch 6.8; 2005 No 98, Sch 1.13 [4]; 2007 No 27, Sch 1.22
[1].
71Application of certain Acts
etc
For the purposes of the Parliamentary Evidence Act 1901 and the
Parliamentary Papers (Supplementary Provisions) Act
1975 and for any other purposes—
(a)
the Joint Committee shall be taken to be a joint
committee of the Legislative Council and Legislative Assembly,
and
(b)
the proposal for the appointment of the Joint
Committee shall be taken to have originated in the Legislative
Assembly.
72Validity of certain acts or
proceedings
Any act or proceeding of the Joint Committee is,
even though at the time when the act or proceeding was done, taken or
commenced there was—
(a)
a vacancy in the office of a member of the
Committee, or
(b)
any defect in the appointment, or any
disqualification, of a member of the Committee,
as valid as if the vacancy, defect or disqualification
did not exist and the Committee were fully and properly
constituted.
Part 11Miscellaneous
102Act binds
Crown
This Act binds the Crown.
103
s 103: Rep 2016 No
65, Sch 1 [11].
104Appointment of Chief Executive
Officer and other staff
(1)
The Chief Commissioner may appoint a Chief
Executive Officer and such other staff of the Commission as may be necessary
to enable the Commission to exercise its functions.
(1A)
The Chief Commissioner is to consult the other
Commissioners about the proposed appointment of a Chief Executive
Officer.
(2)
Those persons are taken to be employed by the
Government of New South Wales in the service of the Crown, except as provided
by subsection (9).
(3)
Each person who is appointed as a member of staff
of the Commission under this section—
(a)
continues, subject to the provisions of this
section and the terms of the person’s appointment, to be employed as a
member of staff at the discretion of the Chief Commissioner,
and
(b)
is, in the person’s capacity as such a
member, subject to the control and direction of the
Commissioners.
(4)
(5)
The Chief Executive Officer is to be appointed
for a term not exceeding 7 years, but is eligible for
re-appointment.
(6)
The Chief Commissioner may fix the salaries,
wages, allowances and conditions of employment of the staff employed under
this section in so far as they are not fixed by or under another Act or
law.
(7)
The Chief Commissioner may enter into an
agreement with any association or organisation representing a group or class
of staff employed under this section with respect to industrial matters. Any
such agreement binds all persons in the class or group affected by the
agreement, and no such person (whether a member of the association or
organisation with which the agreement was entered into or not) has any right
of appeal against the terms of the agreement.
(8)
An agreement under subsection (7) is not an
enterprise agreement within the meaning of the Industrial
Relations Act 1996. However, the Chief Commissioner may
enter into such an enterprise agreement as the employer of the members of
staff concerned.
(9)
The Chief Commissioner is, for the purposes of
any proceedings relating to staff employed under this section held before a
competent tribunal having jurisdiction to deal with such matters, taken to be
the employer of the staff.
(10)
An appeal does not lie to the Industrial
Relations Commission concerning a promotional or disciplinary matter affecting
any staff employed under this section.
(11)
None of the following matters, and no matter,
question or dispute relating to any of the following matters, is an industrial
matter for the purposes of the Industrial
Relations Act 1996—
(a)
the appointment of, or failure to appoint, a
person to any position as a member of staff of the
Commission,
(b)
the removal, retirement, termination of
employment or other cessation of office of a person in any such
position,
(c)
any disciplinary proceedings or disciplinary
action taken against a person employed under this
section.
(11A)
Without limiting subsection (11), Part 6 of
Chapter 2 of the Industrial Relations Act
1996 does not apply to or in respect of the dismissal
(within the meaning of that Part) of any person from any position as a member
of the staff of the Commission.
(12)
Schedule 3 has effect with respect to the rights
of staff employed under this section.
Note—
Section 5 of the Government Sector
Employment Act 2013 excludes the application of that Act
to the staff of the Commission.
s 104: Am 1989 No 28,
Sch 1 (2); 1996 No 121, Sch 4.27. Subst 2006 No 2, Sch 5.5 [3]. Am 2007 No 27,
Sch 1.22 [3]; 2010 No 54, Sch 3.6; 2011 No 36, Sch 1 [12]; 2014 No 33, Sch
3.14 [5]; 2016 No 65, Sch 1 [12]–[15].
104AArrangements for use of
services of other staff
(1)
The Commission may—
(a)
with the approval of the Minister responsible for
the department or authority concerned, and
(b)
on such terms and conditions as may be approved
by the Minister administering this Act,
arrange for the use (by secondment or otherwise) of the
services of any staff or facilities of a government department or public
authority.
(2)
The Commission may—
(a)
with the approval of the Minister for Police
after that Minister has consulted the Commissioner of Police,
and
(b)
on such terms and conditions as may be approved
by the Minister administering this Act,
arrange for one or more police officers to be made
available (by way of secondment or otherwise) to perform services for the
Commission.
(3)
(4)
Members of the staff of the Commission referred
to in this section are under the control and direction of the Commissioners in
their capacity as such members.
(5)
The Commission may terminate an arrangement under
subsection (1) or (2) at any time, and no appeal or other proceedings may be
brought, in respect of the termination, by or on behalf of the person
concerned.
(6)
After the termination of such an arrangement
respecting a former member of the staff of the Commission—
(a)
disciplinary proceedings or disciplinary action
may, in accordance with the procedures applicable to his or her principal
employment, be taken against the former member in connection with any act or
omission committed while a member of that staff, and
(b)
any such act or omission shall, for the purposes
of paragraph (a), be taken to have been committed by the former member in the
course of or during his or her principal employment, and
(c)
no court or tribunal may make an order
reinstating or having the effect of reinstating the former member as a member
of the staff of the Commission.
Note—
Section 5 of the Government Sector
Employment Act 2013 excludes the application of that Act
to the staff of the Commission.
s 104A: Ins 2006 No
2, Sch 5.5 [3]. Am 2014 No 33, Sch 3.14 [6]; 2016 No 65, Sch 1
[16].
104BCommission may engage
consultants
The Commission may engage any suitably qualified
person to provide the Commission with services, information or
advice.
s 104B: Ins 2006 No
2, Sch 5.5 [3].
104CVetting of prospective staff
or consultants
(1)
Vetting information that is held by the Inspector
or Commission or obtained under this section may be used in determining
whether to appoint a person (an applicant) as an officer of the
Inspector or the Commission.
(2)
For the purposes of this section, vetting
information is information of the following kind about an
applicant, or about an associate or relative of an applicant—
(a)
any criminal intelligence report or other
criminal information,
(b)
information held in the Births, Deaths and
Marriages Register,
(c)
information held by Transport for NSW relating to
licences or other authorities, offences or penalties,
(d)
information held by Corrective Services NSW,
Department of Attorney General and Justice,
(e)
information held by the Australian Crime
Commission,
(f)
information held by a law enforcement
agency,
(g)
information held by an agency of the Commonwealth
or of the State or another State or Territory investigating public sector
corruption,
(h)
information held by an agency of a jurisdiction
outside Australia, being an agency responsible for the enforcement of laws of
that jurisdiction,
(i)
information prescribed by the regulations that is
held by a public authority or held by a Government agency of another
jurisdiction (whether in or outside Australia).
(3)
The Inspector or Commission may, with the consent
of an applicant, request a public authority or other person or body to
disclose vetting information about the applicant.
(4)
The Inspector or Commission may also, without
consent, request a public authority or other person or body (not being an
agency of a jurisdiction outside Australia) to disclose vetting information
about associates or relatives of the applicant.
(5)
The Inspector or Commission must notify an
applicant that the Inspector or Commission has the power under this section to
request a public authority or other person or body (not being an agency of a
jurisdiction outside Australia) to disclose vetting information about
associates or relatives of the applicant. The notice must be given when the
consent of the applicant is sought under subsection (3) or, if consent has not
been sought for the purposes of that subsection, before the first request for
information about associates or relatives of the applicant is made under this
section.
(6)
A public authority that holds, or is responsible
for the disclosure of, vetting information is authorised to disclose the
information to the Inspector or Commission for the purposes of this
section.
(7)
The Commissioner of Police is authorised at any
time to disclose (or arrange for a member of the NSW Police Force to disclose)
to the Inspector or Commission information about the criminal history of a
person for the purposes of this section, including the following—
(a)
information relating to spent convictions,
despite anything to the contrary in the Criminal Records
Act 1991,
(b)
information relating to criminal charges, whether
or not heard, proven, dismissed, withdrawn or discharged,
(c)
information relating to offences, despite
anything to the contrary in section 579 of the Crimes Act
1900.
(8)
For the purposes of the collection, disclosure or
use of vetting information under this section or section 104D, the information
may be collected, disclosed or used despite any other Act or
law.
Note—
Section 111 makes it an offence for an officer or
former officer of the Inspector or Commission to disclose information obtained
in the exercise of functions under this Act.
(9)
This section does not restrict or
prevent—
(a)
the Inspector or Commission or any other person
from collecting, disclosing or using any information that the Inspector,
Commission or other person may otherwise lawfully collect, disclose or use,
or
(b)
the Inspector or Commission from considering
information other than vetting information in determining whether or not to
appoint an applicant as an officer of the Inspector or
Commission.
(10)
In this section and section 104D—
appoint includes engage, make use of
the services of and second.
law
enforcement agency means the following—
(a)
the NSW Police Force,
(b)
a Police Force of another State or
Territory,
(c)
the Australian Federal
Police,
(d)
any other authority or person responsible for the
enforcement of the laws of the Commonwealth or of the State or another State
or Territory.
officer
of the Inspector includes a person engaged by the Inspector
under section 57E (3).
s 104C: Ins 2013 No
35, Sch 1 [2]. Am 2016 No 55, Sch 2.7; 2020 No 30, Sch 4.29.
104DSafeguards relating to use of
vetting information
(1)
The relevant body for a record must, for the
period of 2 years commencing on the commencement of this section (the review period), keep a record of
each occasion when vetting information about an associate or a relative of an
applicant is considered under section 104C.
(2)
The relevant body is to record whether vetting
information was the basis (wholly or partly) of a decision not to appoint the
applicant and the information relied on for that
purpose.
(3)
A person appointed by the Attorney General is to
review the records kept under this section at the end of the review
period.
(4)
The person appointed must be a person who
is—
(a)
a former Judge of the Supreme Court of the State
or of any other State or Territory, a former Judge of the Federal Court of
Australia or a former Justice of the High Court of Australia,
or
(b)
a person qualified to be appointed as (but who is
not) a Judge or Justice of any such court.
(5)
The relevant body may, at the request of the
person conducting the review, make available any records kept by the body
under this section and any further information requested by the person that is
reasonably related to the review.
(6)
The person conducting the review must, not later
than 6 months after the end of the review period, report on the records to the
Minister and the Attorney General and provide a copy of the report to the
relevant body.
(7)
A report may contain recommendations relating to
the collection, use and disclosure of vetting information under section 104C
and related procedures or practices of the relevant
body.
(8)
The relevant
body for a record relating to the use of information about
an associate or a relative of an applicant for appointment in a
position—
(a)
as an officer of the Inspector—is the
Inspector, or
(b)
as an officer of the Commission—is the
Commission.
s 104D: Ins 2013 No
35, Sch 1 [2].
105Powers of seconded
police
While a member of the NSW Police Force is a
member of the staff of the Commission, the member may continue to act as a
constable.
s 105: Am 2011 No 62,
Sch 3.14 [1].
106Counsel assisting
Commission
The Chief Commissioner may appoint an Australian
legal practitioner to assist the Commission as counsel, either generally or in
relation to a particular matter or matters.
s 106: Am 2006 No
120, Sch 3.12 [2]; 2016 No 65, Sch 1 [2].
107Delegation
(1)
The Chief Commissioner may delegate any function
of the Commission to an Assistant Commissioner or an officer of the
Commission.
(2)
A Commissioner may delegate any of his or her
functions to an Assistant Commissioner or an officer of the Commission (other
than the authorisation of a decision of the Commission under section 6 (2) or
the issue of guidelines under section 31B).
(3)
An Assistant Commissioner or officer of the
Commission may delegate to an officer of the Commission any of the functions
delegated to the Assistant Commissioner or officer, subject to any conditions
to which the delegation is subject.
(4)
The following functions may not be
delegated—
(a)
a power of delegation conferred by this
section,
(b)
a function of making a report under this
Act,
(c)
the power of a Commissioner to issue a warrant
for the arrest of a person under section 36 or 100,
(d)
the power of a Commissioner to issue search
warrants under section 40,
(e)
the power of a Commissioner to certify as
referred to in section 111 (4) (c).
(5)
The following functions may be delegated only to
an Assistant Commissioner—
(a)
the power to require a public authority or public
official to produce a statement of information under section
21,
(b)
the power to require a person to attend and
produce a document or other thing under section 22,
(c)
the power to authorise an officer of the
Commission to enter premises under section 23,
(d)
the making of an application for an injunction
under section 27,
(e)
the powers of the Commission or a Commissioner
under Division 3 of Part 4 at or in connection with a compulsory examination
or public inquiry, except the power to issue a warrant for the arrest of a
person under section 36,
(f)
the powers of a Commissioner under Part 10 at or
in connection with a hearing.
(6)
The functions referred to in subsection (4) may
however be delegated to an Assistant Commissioner (and to an Assistant
Commissioner only) if the Chief Commissioner is of the opinion that there
would or might be a conflict of interest or that it would be in the interests
of justice to do so.
(7)
No person shall be concerned to inquire whether
circumstances exist warranting a delegation under subsection (6), and a
statement in the instrument of delegation of the Chief Commissioner’s
opinion referred to in that subsection is sufficient.
s 107: Am 2005 No 10,
Sch 1 [55] [56]; 2016 No 65, Sch 1 [2] [3] [17].
108Service of
documents
For the purposes of this Act, service of a
document on a person may be effected—
(a)
on a natural person—
(i)
by delivering it to the person personally,
or
(ii)
by leaving it at, or by sending it by pre-paid
post to, the residential or business address of the person last known to the
person serving the document, or
(b)
on a body corporate—by leaving it at, or by
sending it by pre-paid post to, the head office, a registered office or a
principal office of the body corporate,
or in any other way in which service could have been
effected had this section not been enacted.
109Protection from
liability
(1)
No matter or thing done by the Commission, a
Commissioner, the Inspector or any person acting under the direction of the
Commission, a Commissioner or the Inspector shall, if the matter or thing was
done in good faith for the purpose of executing this or any other Act, subject
a Commissioner, the Inspector or a person so acting personally to any action,
liability, claim or demand.
(2)
(3)
An Australian legal practitioner assisting the
Commission or representing a person before the Commission has the same
protection and immunity as a barrister (within the meaning of the Legal Profession Uniform Law (NSW)) has
in appearing for a party in proceedings in the Supreme
Court.
(4)
Subject to this Act, a person summoned to attend
or appearing before the Commission as a witness, or producing a document or
other thing to the Commission, has the same protection as a witness in
proceedings in the Supreme Court.
(5)
No criminal or civil liability (apart from this
Act) attaches to any person for compliance, or purported compliance in good
faith, with any requirement made under this Act.
(6)
In particular, if a person gives any statement of
information or produces any document or other thing under section 21 or 22, no
civil liability attaches to the person for doing so, whether that liability
would arise under a contract or otherwise.
s 109: Am 1989 No 28,
Sch 1 (3); 2005 No 10, Sch 1 [57] [58]; 2006 No 120, Sch 3.12 [3] [6]; 2015 No
7, Sch 2.21; 2016 No 65, Sch 1 [3].
110Disclosure of pecuniary
interests and other matters
The regulations may make provision for or with
respect to—
(a)
the disclosure by officers of the Commission of
all or any of the following pecuniary interests or other matters—
(i)
real or personal property,
(ii)
income,
(iii)
gifts,
(iv)
financial or other contributions to any
travel,
(v)
shareholdings or other beneficial interests in
corporations,
(vi)
partnerships,
(vii)
trusts,
(viii)
positions (whether remunerated or not) held in,
or membership of, corporations, trade unions, professional associations or
other organisations or associations,
(ix)
occupations, trades, professions or
vocations,
(x)
debts,
(xi)
payments of money or transfers of property to
relatives or other persons by, or under arrangements made by, officers of the
Commission,
(xii)
any other direct or indirect benefits, advantages
or liabilities, whether pecuniary or not, of a kind specified in the
regulations, and
(b)
prescribing the manner in which, and the times at
which, pecuniary interests or other matters shall be disclosed and providing
for the verification by statutory declaration or otherwise of any such
disclosure, and
(c)
the compilation and maintenance of registers of
pecuniary interests or other matters by officers of the Commission and the
inspection and publication of any such register.
111Secrecy
(1)
This section applies to—
(a)
a person who is or was an officer of the
Commission, and
(b)
a person who is or was an Australian legal
practitioner appointed to assist the Commission or who is or was a person who
assists, or performs services for or on behalf of, such an Australian legal
practitioner in the exercise of the Australian legal practitioner’s
functions as counsel to the Commission, and
(c)
a person who conducts a review under section
104D, but only in relation to the person’s functions under that section,
and
(d)
a person or body referred to in section 14 (3),
16 (4) or 53 (6), and
(e)
a person who is or was an officer of the
Inspector.
(2)
A person to whom this section applies shall not,
directly or indirectly, except for the purposes of this Act or otherwise in
connection with the exercise of the person’s functions under this
Act—
(a)
make a record of any information,
or
(b)
divulge or communicate to any person any
information,
being information acquired by the person by reason of,
or in the course of, the exercise of the person’s functions under this
Act.
Maximum penalty—50 penalty units or
imprisonment for 12 months, or both.
(3)
A person to whom this section applies shall not
be required—
(a)
to produce in any court any document or other
thing that has come into the person’s possession, custody or control by
reason of, or in the course of, the exercise of the person’s functions
under this Act, or
(b)
to divulge or communicate to any court any matter
or thing that has come to the person’s notice in the exercise of the
person’s functions under this Act,
except for the purposes of a prosecution or disciplinary
proceedings instituted as a result of an investigation conducted by the
Commission in the exercise of its functions.
(4)
Despite this section, a person to whom this
section applies may divulge any such information—
(a)
for the purposes of and in accordance with this
Act, or
(b)
for the purposes of a prosecution or disciplinary
proceedings instituted as a result of an investigation conducted by the
Commission in the exercise of its functions, or
(c)
in accordance with a direction of a Commissioner
or Inspector, if a Commissioner or Inspector certifies that it is necessary to
do so in the public interest, or
(d)
to any prescribed authority or person,
or
(e)
if the disclosure is made to a registered medical
practitioner or registered psychologist in relation to the provision by that
health practitioner of medical or psychiatric care, treatment or counselling
(including but not limited to psychological counselling) to a person to whom
this section applies.
(5)
An authority or person to whom information is
divulged under subsection (4), and any person or employee under the control of
that authority or person, shall, in respect of that information, be subject to
the same rights, privileges, obligations and liabilities under subsections (2)
and (3) as if he or she were a person to whom this section applies and had
acquired the information in the exercise of functions under this
Act.
(6)
In this section—
court includes any tribunal,
authority or person having power to require the production of documents or the
answering of questions.
produce includes permit access
to.
s 111: Am 1988 No 42,
Sch 1 (3); 1996 No 29, Sch 3 (13); 2005 No 10, Sch 1 [59] [60]; 2006 No 29,
Sch 1 [3]; 2006 No 120, Sch 3.12 [2] [7]; 2013 No 35, Sch 1 [3]; 2016 No 61,
Sch 7.2 [1]; 2016 No 65, Sch 1 [3].
111ASecrecy provisions in other
Acts
The following provisions do not apply to the
divulging of information, or the production of any document or other thing,
pursuant to a requirement made by or under this Act—
(a)
section 15 (Secrecy) of the Companies (Administration) Act
1981.
(b)
s 111A: Ins 1996 No
29, Sch 3 (14). Am 1996 No 108, Sch 2.2.
111BPrivacy and Personal Information Protection Act
1998
Section 67 of the Privacy and
Personal Information Protection Act 1998 does not apply to
the disclosure of information for the purposes of any proceedings for an
offence under this Act.
s 111B: Ins 1996 No
29, Sch 3 (14). Subst 1998 No 133, Sch 3.4.
111CRelationship with Ombudsman
regarding conduct of Commission and Inspector
Conduct of a Commissioner or an officer or former
officer of the Commission cannot be made the subject of a complaint, inquiry,
investigation or other action under the Ombudsman Act
1974, except in relation to matters referred to the
Ombudsman by the Inspector.
s 111C: Ins 2005 No
10, Sch 1 [61]. Am 2006 No 58, Sch 1.16 [2]; 2016 No 65, Sch 1
[3].
111DComplaints by public
officials
(1)
A public official within the meaning of the
Public Interest Disclosures Act 1994 may
complain to the Inspector (orally or in writing) about the conduct of the
Commission, an officer or former officer of the Commission or an officer of
the Inspector.
(2)
In this section—
conduct includes conduct by way of
action or inaction or alleged action or inaction.
s 111D: Ins 2005 No
10, Sch 1 [61]. Am 2006 No 58, Sch 1.16 [3]; 2010 No 84, Sch
2.5.
111EPublic authority response to
corruption prevention recommendations of Commission
(1)
As soon as practicable after making a
recommendation under section 13 (3) (b) for a specified public authority to
take action to reduce the likelihood of corrupt conduct occurring, the
Commission must furnish a copy of the recommendation to the authority and to
the Minister for the authority.
(2)
The public authority must inform the Commission
in writing within 3 months (or such longer period as the Commission may agree
to in writing) after receiving the recommendation, whether it proposes to
implement any plan of action in response to the recommendation and, if so, of
the plan of action.
(3)
A public authority that informs the Commission of
such a plan must provide a written report to the Commission of any progress in
implementing the plan—
(a)
12 months after informing the Commission of the
plan, and
(b)
if the plan is not then fully implemented, 12
months after that.
s 111E: Ins 2010 No
119, Sch 1.17 [1].
112Restriction on publication of
evidence
(1)
The Commission may direct that—
(a)
any evidence given before it,
or
(b)
the contents of any document, or a description of
any thing, produced to the Commission or seized under a search warrant issued
under this Act, or
(c)
any information that might enable a person who
has given or may be about to give evidence before the Commission to be
identified or located, or
(d)
the fact that any person has given or may be
about to give evidence at a compulsory examination or public inquiry,
or
(e)
any written submissions received by the
Commission (including, but not limited to, submissions made by Counsel
assisting the Commission),
shall not be published or shall not be published except
in such manner, and to such persons, as the Commission
specifies.
(1A)
The Commission is not to give a direction under
this section unless satisfied that the direction is necessary or desirable in
the public interest.
(1B)
A direction under this section does not apply
to—
(a)
the making of a complaint to the Inspector or the
disclosure of information, documents or other things to the Inspector,
or
(b)
the disclosure of information, documents or other
things by a law enforcement officer to the Director of Public Prosecutions in
accordance with the duty of disclosure under section 15A of the Director of Public Prosecutions Act
1986.
(2)
A person shall not make a publication in
contravention of a direction given under this section.
Maximum penalty—50 penalty units or
imprisonment for 12 months, or both.
(3)
It is not a contravention of a direction given
under this section to publish any evidence, contents of a document or
information to a registered medical practitioner or registered psychologist
for the purposes of that health practitioner providing medical or psychiatric
care, treatment or counselling (including but not limited to psychological
counselling) to a person who has given or may be about to give evidence at a
compulsory examination or public inquiry.
s 112: Am 1996 No 29,
Sch 3 (15); 1997 No 60, Sch 4 [12]; 2005 No 10, Sch 1 [62]; 2008 No 123, Sch 1
[7]; 2016 No 61, Sch 7.2 [2]; 2016 No 65, Sch 1 [18].
113Evidence in criminal
proceedings
(1)
If—
(a)
a person has been charged with an offence before
a court of the State, and
(b)
the court considers that it is desirable in the
interests of justice that particular evidence given before the Commission,
being evidence in relation to which the Commission has given a direction under
section 112, be made available to the person or to an Australian legal
practitioner representing the person or to the
prosecutor,
the court may give to the Commission a certificate to
that effect.
(2)
A Commissioner may appear before the court for
the purpose of making representations concerning the giving of such a
certificate.
(3)
On such a certificate being given, the Commission
shall make the evidence or information available to the
court.
(4)
The court may make the evidence or information
available to the person charged with the offence concerned, to an Australian
legal practitioner representing the person charged or to the prosecutor, if
the court has examined the evidence or information and is satisfied that the
interests of justice so require.
(5)
Nothing in section 111 prevents a person to whom
that section applies from producing any document or other thing, or divulging
or communicating any matter or thing, to the extent necessary to give effect
to this section.
(6)
Nothing in section 112 prevents the evidence or
information being made available under this section.
s 113: Am 2006 No
120, Sch 3.12 [2]; 2016 No 65, Sch 1 [3].
114Disclosures prejudicing
investigations
(1)
A person who is required—
(a)
by a notice under section 21 or 22 to produce a
statement of information or to attend and produce a document or other thing,
or
(b)
by a summons under section 35 to give evidence or
to produce a document or other thing,
shall not disclose any information about the notice or
summons that is likely to prejudice the investigation to which it
relates.
Maximum penalty—50 penalty units or
imprisonment for 12 months, or both.
(2)
Subsection (1) does not apply to a notice or
summons unless it specifies that information about the notice or summons must
not be disclosed.
(3)
A person does not contravene this section
if—
(a)
the disclosure is made to an employee, agent or
other person in order to obtain information to comply with the notice or
summons and the employee, agent or other person is directed not to inform the
person to whom the information relates about the matter,
or
(b)
the disclosure is made to obtain legal advice or
representation in relation to the notice or summons, or
(c)
the disclosure is made for the purposes of, or in
the course of, legal proceedings, or
(d)
the disclosure is made to a registered medical
practitioner or registered psychologist in relation to the provision by that
health practitioner of medical or psychiatric care, treatment or counselling
(including but not limited to psychological counselling) to a person required
to give evidence by a summons under section 35.
(4)
A reference in this section to the disclosure of
any information about a notice or summons includes a reference
to—
(a)
a disclosure about the existence or nature of the
notice or summons or of the investigation to which it relates,
and
(b)
a disclosure of any information to a person from
which the person could reasonably be expected to infer the existence or nature
of the notice or summons or of the investigation to which it
relates.
s 114: Am 2016 No 61,
Sch 7.2 [3].
114ADisciplinary
proceedings—taking action based on finding of corrupt
conduct
(1)
This section applies if a finding is made by the
Commission in a report under section 74 that a public official has engaged, or
has attempted to engage, in corrupt conduct.
(2)
Disciplinary proceedings in connection with the
employment of the public official may be taken by the employer of the public
official on the ground of the conduct of the public official on which the
finding was based.
(3)
The person or body determining the disciplinary
proceedings—
(a)
is not required to further investigate whether
that conduct occurred, and
(b)
may take any disciplinary or other action against
the public official of a kind that the person or body may otherwise take in
disciplinary proceedings against any such public official,
and
(c)
is to give the public official an opportunity to
make a submission in relation to any proposed disciplinary or other
action.
(4)
Any such disciplinary or other action is taken to
be action under the law relating to the taking of disciplinary proceedings
against the public official and that law (including any right to appeal
against or seek a review of the action) applies
accordingly.
(5)
Evidence given to the Commission by the public
official may be admitted and used in disciplinary proceedings against the
public official that are authorised by this section (and in any related appeal
or review proceedings) despite sections 26 and 37 or any other law. However,
the admission and use of the evidence in those proceedings does not cause it
to be admissible against the public official in any other
proceedings.
(6)
The regulations may do any of the
following—
(a)
exclude any proceedings against a public official
from the operation of this section,
(b)
declare that any proceedings against a public
official are disciplinary proceedings in connection with the employment of a
public official for the purposes of this section.
(7)
This section does not apply—
(a)
to a finding of corrupt conduct that is made
before the commencement of this section, or
(b)
to any evidence given before that commencement
that would not at that time have been admissible in disciplinary
proceedings.
(8)
In this section—
employment includes—
(a)
engagement under a contract for services,
and
(b)
appointment as a statutory officer to whom a
declaration under subsection (6) (b) applies.
evidence
given to the Commission means—
(a)
a statement of information, or a document or
other thing, produced in response to a notice by the Commission,
and
(b)
an answer made, or a document or other thing
produced, by a person summoned to attend or appearing before the Commission at
a compulsory examination or public inquiry.
s 114A: Ins 2013 No
14, Sch 1 [3].
115Penalties for offences
committed by corporations
The maximum penalty applicable to a corporation
convicted of an offence against this Act or the regulations is (except in so
far as other provision is made by section 116) double the pecuniary penalty
otherwise applying to the offence.
116Proceedings for
offences
(1)
Except where otherwise expressly provided by this
Act, proceedings for an offence against this Act or the regulations shall be
dealt with summarily before the Local Court.
(2)
If an offence against this Act is an indictable
offence, the Local Court may nevertheless hear and determine the proceedings
in respect of such an offence if the court is satisfied that it is proper to
do so and the defendant and prosecutor consent.
(3)
If, in accordance with subsection (2), the Local
Court convicts a person of such an offence, the maximum penalty that the court
may impose is—
(a)
in the case of an individual—the smaller
of—
(i)
a fine of 50 penalty units or imprisonment for 2
years, or both, or
(ii)
the maximum penalty otherwise applicable to the
offence when committed by an individual, or
(b)
in the case of a corporation—the smaller
of—
(i)
a fine of 100 penalty units,
or
(ii)
the maximum penalty otherwise applicable to the
offence when committed by a corporation.
(4)
Proceedings for an alleged offence under section
80 (c), 81, 82 or 95 may be commenced within 3 years after the commission of
the alleged offence.
(5)
Proceedings for an alleged offence under section
112 may be commenced within 2 years after the commission of the alleged
offence.
s 116: Am 1996 No 29,
Sch 3 (16); 2001 No 121, Sch 2.125 [6]; 2005 No 10, Sch 1 [63]; 2007 No 94,
Sch 2; 2008 No 123, Sch 1 [8].
117Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(2)
In particular, the regulations may make provision
for or with respect to—
(a)
the appointment, conditions of employment,
discipline, code of conduct and termination of employment of staff of the
Commission, and
(b)
security checks of officers of the Commission and
applicants for appointment or engagement as officers of the Commission,
and
(c)
the service of a notice to an occupier whose
premises are entered under a search warrant, and
(d)
the issue of identity cards to officers of the
Commission and their use, and
(e)
forms to be used for the purposes of this Act,
and
(f)
the use and custody of the seal of the
Commission.
(3)
A regulation may create an offence punishable by
a penalty not exceeding 5 penalty units.
(4)
Regulations may be made only on the
recommendation of the Chief Commissioner, except regulations made under
section 110.
s 117: Am 2016 No 65,
Sch 1 [2].
117ASavings, transitional and
other provisions
Schedule 4 has effect.
s 117A: Ins 1990 No
80, Sch 1 (11).
118–121
ss 118–121: Rep
1999 No 85, Sch 4.
122Parliament
(1)
Nothing in this Act shall be taken to affect the
rights and privileges of Parliament in relation to the freedom of speech, and
debates and proceedings, in Parliament.
(2)
The Commission may use a relevant
register—
(a)
for the purpose of any investigation into whether
or not a member of Parliament publicly disclosed a particular matter or as to
the nature of any matter disclosed, and
(b)
for the purpose of any finding, opinion or
recommendation concerning the disclosure or
non-disclosure,
and for that purpose Parliament is taken to have waived
any parliamentary privilege that may apply to the
register.
(3)
Subsection (2) extends to investigations
instigated, and relevant registers obtained for use, before the commencement
of that subsection.
(4)
In this section, relevant register means a register
of pecuniary interests or other matters required to be compiled and maintained
pursuant to the regulations made under section 14A of the Constitution Act 1902, and
includes—
(a)
a copy of any such register (or of a part of any
such register) that is published as a parliamentary paper or otherwise,
and
(b)
a return or other document furnished by a member
of Parliament for the purpose of the compilation and maintenance of the
register, or a copy of the whole or any part of any such return or
document.
s 122: Ins 1988 No
42, Sch 1 (4). Am 2012 No 83, Sch 1.