2011
2011
2011-09-14
act
government
publicspecial
act.reprint
allinforce
2011-06-21
2011-06-21
0
2011-09-13
act-1987-015
2011
none
act-2011-036
7725af58-8825-48eb-bdf6-fc91c09fa79a
46da420a-9031-4bef-8b5a-0d86fcb12436
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 14.9.2011.
An Act to amend the Independent Commission Against Corruption Act
1988 to make further provision with respect to the powers
of the Independent Commission Against Corruption, the Commissioner for the
Commission and the Inspector of the Commission; and for other
purposes.
1Name of
Act
This Act is the Independent
Commission Against Corruption Amendment Act
2011.
2Commencement
This Act commences on the date of assent to this
Act.
Schedule 1Amendment of Independent Commission Against Corruption Act
1988 No 35
[1]Section 14 Other functions of
Commission
Omit section 14 (1) (a). Insert instead:
(a)
to gather and assemble, during or after the
discontinuance or completion of its investigations, evidence that may be
admissible in the prosecution of a person for a criminal offence against a law
of the State in connection with corrupt conduct and to furnish such evidence
to the Director of Public Prosecutions,
[2]Section 14 (1)
(b)
Insert “, during or after the
discontinuance or completion of its investigations,” after
“furnish”.
[3]Section 35 Power to summon
witnesses and take evidence
Insert “(the required appearance)” after
“named in the summons” in section 35 (1).
[4]Section 35
(4)
Omit “attend” and
“attendance” wherever occurring.
Insert “appear” and
“appearance”, respectively.
[5]Section 35
(4A)
Insert after section 35 (4):
(4A)
The Commissioner may, by notice in writing,
excuse a person who has been summoned to appear before the Commission and
produce documents or other things from the required appearance on condition
that the person (or a person acting on the person’s behalf) produces
those documents or things in accordance with any directions given by the
Commissioner before the time of the the required
appearance.
[6]Section 35
(5)
Omit “so excused or
released”.
Insert instead “excused or released under
subsection (4) or (4A)”.
[7]Section 35
(5A)
Insert after section 35 (5):
(5A)
A person who, after being excused under
subsection (4A) from the required appearance, fails to produce the documents
or things concerned in accordance with the Commissioner’s directions is
taken to have failed to appear before the Commission in obedience to the
summons.
[8]Section 37 Privilege as
regards answers, documents etc
Insert “or in accordance with a direction
given by the Commissioner under section 35 (4A)” after
“Commission” wherever occurring in section 37 (3) and (5)
(a).
[9]Section 57B Principal
functions of Inspector
Insert after section 57B (4):
(5)
Without affecting the power of the Inspector to
make a report under Part 8, the Inspector may, at any time:
(a)
make a recommendation or report concerning any
matter relating to the functions of the Inspector under this section that the
Inspector considers may effectively be dealt with by recommendation or report
under this section, and
(b)
provide the report or recommendation (or any
relevant part of it) to the Commission, an officer of the Commission, a person
who made a complaint or any other affected person.
[10]Section 57F Incidental
powers
Insert at the end of the section:
(2)
Section 40 of the Surveillance
Devices Act 2007 does not apply to the use, publication or
communication of protected information within the meaning of that Act in
relation to the exercise of the Inspector’s functions under section
57B.
[11]Section 77A Special
reports
Insert at the end of the section:
, and
(c)
any other matter relating to the exercise of a
function to audit, deal with or assess any matter under section 57B that the
Inspector considers warrants the making, in the public interest, of a special
report.
[12]Section 104 Appointment of
staff
Insert after section 104 (11):
(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.
[13]Schedule 4 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Independent
Commission Against Corruption Amendment Act
2011
[14]Schedule 4, Part
11
Insert after Part 10:
Part 11Provisions consequent on
enactment of Independent Commission Against
Corruption Amendment Act 2011
30Definition
In this Part:
amending
Act means the Independent
Commission Against Corruption Amendment Act
2011.
31Use etc of protected
information under Surveillance Devices Act
2007 for audit of Commission operations by
Inspector
The amendment made to section 57F by the amending
Act extends to the use, publication or communication before the commencement
of the amendment of protected information within the meaning of the Surveillance Devices Act 2007 in
relation to the exercise of the Inspector’s functions under section
57B.
32Saving of pending application
for unfair dismissal
Section 104 (11A) as inserted by the amending Act
does not apply to or in respect of an application made under Part 6 of Chapter
2 of the Industrial Relations Act
1996 before the commencement of the amending
Act.
Historical
notes
Table of amending
instruments
Independent
Commission Against Corruption Amendment Act 2011 No 36.
Assented to 13.9.2011. Date of commencement, assent, sec
2.