An Act to amend the Police Integrity Commission Act 1996 and certain other Acts with respect to the giving of false or misleading evidence, the communication of information, the exercise by police of investigative and other functions and the service of documents; and with respect to other matters.
1 Name of Act
This Act is the Police Integrity Commission Amendment Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Police Integrity Commission Act 1996 No 28
The Police Integrity Commission Act 1996 is amended as set out in Schedule 1.
4 Amendment of other Acts
Each Act referred to in Schedule 2 is amended as set out in that Schedule.
Schedule 1 Amendment of Police Integrity Commission Act 1996
(Section 3)
[1] Section 3 Principal objects of Act
Omit “a body” from section 3 (a).Insert instead “an independent, accountable body”.
[2] Section 47 Seizure of other documents and things
Insert after section 47 (2):(3) Other disposal If it appears to the Commission:(a) that there is no person who is entitled to possession of any document or thing referred to in subsection (2), orthe Commission may apply to a Local Court for directions as to its disposal and dispose of it in accordance with the directions given by the Local Court in response to the application.(b) that there is such a person, but the person does not wish to have possession of any such document or thing,
[3] Section 77 Referral of matter
Insert “on the understanding that the information is confidential” after “under this section” in section 77 (5).
[4] Section 83 Referral of matter
Insert “on the understanding that the information is confidential” after “under this section” in section 83 (6).
[5] Section 107 False or misleading evidence
Insert at the end of the section:(2) Sections 331 and 332 of the Crimes Act 1900 apply to proceedings for an offence under this section in the same way as they apply to proceedings for an offence under section 330 of that Act.
[6] Section 139 Service of documents
Insert at the end of the section:(2) In addition to the means of service provided for under subsection (1), service of a document on a person (whether a natural person or a body corporate) may be effected by facsimile transmission or other electronic means notified by the person as being an available means of communication.(3) Service of a facsimile copy of a document in accordance with subsection (1) is taken to be service of the document for the purposes of that subsection.
[7] Section 142 Exercise of functions by police
Omit “Such an authorisation may not be given without concurrence of the Minister.” from section 142 (1).
[8] Section 142 (1A)
Insert after section 142 (1):(1A) As soon as practicable after giving such an authorisation, the Commissioner must notify the Inspector of that fact.
[9] Section 146 Review of Act
Insert after section 146 (2):(2A) A further such review is to be undertaken as soon as practicable after the period of 5 years from the date of assent to the Police Integrity Commission Amendment Act 2005.
[10] Section 146 (3)
Omit “the review”. Insert instead “each such review”.
Schedule 2 Amendment of other Acts
(Section 4)
[1] Section 12 Seizure pursuant to search warrant—special provisions
Insert after section 12 (3):(3A) If it appears to the Commission:(a) that there is no person who is entitled to possession of any thing referred to in subsection (2), orthe Commission may apply to a Local Court for directions as to its disposal and dispose of it in accordance with the directions given by the Local Court in response to the application.(b) that there is such a person, but the person does not wish to have possession of any such thing,
[2] Section 20 False or misleading evidence
Insert after section 20 (4):(5) Sections 331 and 332 of the Crimes Act 1900 apply to proceedings for an offence under this section in the same way as they apply to proceedings for an offence under section 330 of that Act.
[1] Section 173 Commissioner may take action with respect to police officer’s misconduct or unsatisfactory performance
Insert after section 173 (4):(4A) Before making an order under subsection (2) or (3) with respect to a police officer who is the subject of a complaint under Part 8A that is being dealt with by the Police Integrity Commission or the Ombudsman, the Commissioner must consult with the Police Integrity Commission or the Ombudsman, as the case requires.(4B) Failure to comply with subsection (4A) with respect to any order under subsection (2) or (3) does not affect the validity of the order.
[2] Section 207A Commissioner may conduct integrity testing programs
Omit “351B or section” from section 207A (4) (f).Insert instead “section 351B or”.