{"id":"qld:act-2001-069","name":"Crime and Corruption Act 2001","slug":"crime-and-corruption-act-2001","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"69 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104630,"registerId":"qld-act-2001-069-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Crime and Corruption Act 2001 .\ns 1 amd 2014 No. 21 s 5","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nSubsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.","sortOrder":3},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Purpose","content":"# Purpose","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act’s purposes","content":"### sec.4 Act’s purposes\n\nThe main purposes of this Act are—\nto combat and reduce the incidence of major crime; and\nto continuously improve the integrity of, and to reduce the incidence of corruption in, the public sector.\nThe Act also has as the purpose to facilitate the commission’s involvement in a confiscation related investigation.\ns 4 amd 2002 No. 68 s 284 ; 2013 No. 21 s 4 ; 2014 No. 21 s 6 ; 2016 No. 19 s 3\n(sec.4-ssec.1) The main purposes of this Act are— to combat and reduce the incidence of major crime; and to continuously improve the integrity of, and to reduce the incidence of corruption in, the public sector.\n(sec.4-ssec.2) The Act also has as the purpose to facilitate the commission’s involvement in a confiscation related investigation.\n- (a) to combat and reduce the incidence of major crime; and\n- (b) to continuously improve the integrity of, and to reduce the incidence of corruption in, the public sector.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"How Act’s purposes are to be achieved","content":"### sec.5 How Act’s purposes are to be achieved\n\nThe Act ’s purposes are to be achieved primarily by establishing a permanent commission to be called the Crime and Corruption Commission.\nThe commission is to have investigative powers, not ordinarily available to the police service, that will enable the commission to effectively investigate major crime and criminal organisations and their participants.\nAlso, the commission is to—\ninvestigate cases of corrupt conduct, particularly more serious cases of corrupt conduct; and\nhelp units of public administration to deal effectively and appropriately with corruption by increasing their capacity to do so.\nFurther, the commission has particular powers for confiscation related investigations for supporting its role under the Confiscation Act .\ns 5 amd 2002 No. 68 s 285 ; 2009 No. 12 s 3 ; 2013 No. 21 s 5 ; 2014 No. 21 s 7 ; 2016 No. 19 s 4\n(sec.5-ssec.1) The Act ’s purposes are to be achieved primarily by establishing a permanent commission to be called the Crime and Corruption Commission.\n(sec.5-ssec.2) The commission is to have investigative powers, not ordinarily available to the police service, that will enable the commission to effectively investigate major crime and criminal organisations and their participants.\n(sec.5-ssec.3) Also, the commission is to— investigate cases of corrupt conduct, particularly more serious cases of corrupt conduct; and help units of public administration to deal effectively and appropriately with corruption by increasing their capacity to do so.\n(sec.5-ssec.4) Further, the commission has particular powers for confiscation related investigations for supporting its role under the Confiscation Act .\n- (a) investigate cases of corrupt conduct, particularly more serious cases of corrupt conduct; and\n- (b) help units of public administration to deal effectively and appropriately with corruption by increasing their capacity to do so.","sortOrder":6},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Overview","content":"# Overview","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Purpose of pt 3","content":"### sec.6 Purpose of pt 3\n\nThe purpose of this part is to briefly outline the responsibilities of relevant entities under this Act.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Crime and Corruption Commission","content":"### sec.7 Crime and Corruption Commission\n\nThe Crime and Corruption Commission has primary responsibility for the achievement of the Act ’s purposes.\ns 7 amd 2014 No. 21 s 94 (1) sch 1","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Crime Reference Committee","content":"### sec.8 Crime Reference Committee\n\nThe Crime Reference Committee—\nhas responsibility for—\nreferring major crime to the commission for investigation; and\nauthorising the commission to undertake specific intelligence operations; and\nhas a coordinating role for investigations into major crime conducted by the commission in cooperation with any other law enforcement agency.\ns 8 sub 2013 No. 64 s 21\n- (a) has responsibility for— (i) referring major crime to the commission for investigation; and (ii) authorising the commission to undertake specific intelligence operations; and\n- (i) referring major crime to the commission for investigation; and\n- (ii) authorising the commission to undertake specific intelligence operations; and\n- (b) has a coordinating role for investigations into major crime conducted by the commission in cooperation with any other law enforcement agency.\n- (i) referring major crime to the commission for investigation; and\n- (ii) authorising the commission to undertake specific intelligence operations; and","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Parliamentary Crime and Corruption Committee","content":"### sec.9 Parliamentary Crime and Corruption Committee\n\nThe Parliamentary Crime and Corruption Committee is a standing committee of the Legislative Assembly with particular responsibility for monitoring and reviewing the commission’s performance.\ns 9 amd 2014 No. 21 s 94 (1) sch 1","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Parliamentary Crime and Corruption Commissioner","content":"### sec.10 Parliamentary Crime and Corruption Commissioner\n\nThe Parliamentary Crime and Corruption Commissioner is an officer of the Parliament who helps the Parliamentary Crime and Corruption Committee in the performance of its functions.\ns 10 amd 2014 No. 21 s 94 (1) sch 1","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Public Interest Monitor","content":"### sec.11 Public Interest Monitor\n\nThe Public Interest Monitor has a right of appearance before a court hearing an application by the commission for a surveillance warrant or covert search warrant and is entitled to test the appropriateness and validity of the application before the court.","sortOrder":13},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":14},{"sectionNumber":"ch.1-pt.4-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Definitions","content":"### sec.12 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":16},{"sectionNumber":"ch.1-pt.4-div.2","sectionType":"division","heading":"Corrupt conduct","content":"## Corrupt conduct","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Purpose of div 2","content":"### sec.13 Purpose of div 2\n\nThis division provides for the meaning of corrupt conduct for this Act.\nUnder section 35 (3) , the commission, in performing its corruption function under section 33 (1) (b) , must focus on more serious cases of corrupt conduct and cases of systemic corrupt conduct within a unit of public administration.\ns 13 sub 2014 No. 21 ss 8 – 9\namd 2016 No. 19 s 5 ; 2018 No. 29 s 4","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Definitions for div 2","content":"### sec.14 Definitions for div 2\n\nIn this division—\nappointment means appointment in a unit of public administration.\nconduct includes—\nneglect, failure and inaction; and\nconspiracy to engage in conduct; and\nattempt to engage in conduct.\ns 14 sub 2014 No. 21 s 9\n- (a) neglect, failure and inaction; and\n- (b) conspiracy to engage in conduct; and\n- (c) attempt to engage in conduct.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of corrupt conduct","content":"### sec.15 Meaning of corrupt conduct\n\nCorrupt conduct means conduct of a person, regardless of whether the person holds or held an appointment, that—\nadversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of—\na unit of public administration; or\na person holding an appointment; and\nresults, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that—\nis not honest or is not impartial; or\ninvolves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or\ninvolves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and\nwould, if proved, be—\na criminal offence; or\na disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.\nCorrupt conduct also means conduct of a person, regardless of whether the person holds or held an appointment, that—\nimpairs, or could impair, public confidence in public administration; and\ninvolves, or could involve, any of the following—\ncollusive tendering;\nfraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)—\nprotecting health or safety of persons;\nprotecting the environment;\nprotecting or managing the use of the State’s natural, cultural, mining or energy resources;\ndishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets;\nevading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue;\nfraudulently obtaining or retaining an appointment; and\nwould, if proved, be—\na criminal offence; or\na disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.\ns 15 amd 2002 No. 68 s 283 sch 3\nsub 2014 No. 21 s 9\namd 2018 No. 29 s 5\n(sec.15-ssec.1) Corrupt conduct means conduct of a person, regardless of whether the person holds or held an appointment, that— adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of— a unit of public administration; or a person holding an appointment; and results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that— is not honest or is not impartial; or involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and would, if proved, be— a criminal offence; or a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.\n(sec.15-ssec.2) Corrupt conduct also means conduct of a person, regardless of whether the person holds or held an appointment, that— impairs, or could impair, public confidence in public administration; and involves, or could involve, any of the following— collusive tendering; fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)— protecting health or safety of persons; protecting the environment; protecting or managing the use of the State’s natural, cultural, mining or energy resources; dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets; evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue; fraudulently obtaining or retaining an appointment; and would, if proved, be— a criminal offence; or a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.\n- (a) adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of— (i) a unit of public administration; or (ii) a person holding an appointment; and\n- (i) a unit of public administration; or\n- (ii) a person holding an appointment; and\n- (b) results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that— (i) is not honest or is not impartial; or (ii) involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or (iii) involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and\n- (i) is not honest or is not impartial; or\n- (ii) involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or\n- (iii) involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and\n- (c) would, if proved, be— (i) a criminal offence; or (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.\n- (i) a criminal offence; or\n- (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.\n- (i) a unit of public administration; or\n- (ii) a person holding an appointment; and\n- (i) is not honest or is not impartial; or\n- (ii) involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or\n- (iii) involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and\n- (i) a criminal offence; or\n- (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.\n- (a) impairs, or could impair, public confidence in public administration; and\n- (b) involves, or could involve, any of the following— (i) collusive tendering; (ii) fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)— (A) protecting health or safety of persons; (B) protecting the environment; (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources; (iii) dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets; (iv) evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue; (v) fraudulently obtaining or retaining an appointment; and\n- (i) collusive tendering;\n- (ii) fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)— (A) protecting health or safety of persons; (B) protecting the environment; (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources;\n- (A) protecting health or safety of persons;\n- (B) protecting the environment;\n- (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources;\n- (iii) dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets;\n- (iv) evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue;\n- (v) fraudulently obtaining or retaining an appointment; and\n- (c) would, if proved, be— (i) a criminal offence; or (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.\n- (i) a criminal offence; or\n- (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.\n- (i) collusive tendering;\n- (ii) fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)— (A) protecting health or safety of persons; (B) protecting the environment; (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources;\n- (A) protecting health or safety of persons;\n- (B) protecting the environment;\n- (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources;\n- (iii) dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets;\n- (iv) evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue;\n- (v) fraudulently obtaining or retaining an appointment; and\n- (A) protecting health or safety of persons;\n- (B) protecting the environment;\n- (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources;\n- (i) a criminal offence; or\n- (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Conduct happening over time, or at any time, may be corrupt conduct","content":"### sec.16 Conduct happening over time, or at any time, may be corrupt conduct\n\nConduct may be corrupt conduct even though—\nit happened before the relevant commencement; or\nsome or all of the effects or elements necessary to constitute corrupt conduct happened before the relevant commencement; or\na person involved in the conduct is no longer the holder of an appointment.\nConduct engaged in by, or in relation to, a person at a time when the person is not the holder of an appointment may be corrupt conduct, if the person becomes the holder of an appointment.\nIn this section—\nrelevant commencement means—\ngenerally—the commencement of this Act; and\nfor corrupt conduct under section 15 (2) —the commencement of that subsection.\ns 16 amd 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 6\n(sec.16-ssec.1) Conduct may be corrupt conduct even though— it happened before the relevant commencement; or some or all of the effects or elements necessary to constitute corrupt conduct happened before the relevant commencement; or a person involved in the conduct is no longer the holder of an appointment.\n(sec.16-ssec.2) Conduct engaged in by, or in relation to, a person at a time when the person is not the holder of an appointment may be corrupt conduct, if the person becomes the holder of an appointment.\n(sec.16-ssec.3) In this section— relevant commencement means— generally—the commencement of this Act; and for corrupt conduct under section 15 (2) —the commencement of that subsection.\n- (a) it happened before the relevant commencement; or\n- (b) some or all of the effects or elements necessary to constitute corrupt conduct happened before the relevant commencement; or\n- (c) a person involved in the conduct is no longer the holder of an appointment.\n- (a) generally—the commencement of this Act; and\n- (b) for corrupt conduct under section 15 (2) —the commencement of that subsection.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Conduct outside Queensland may be corrupt conduct","content":"### sec.17 Conduct outside Queensland may be corrupt conduct\n\nConduct may be corrupt conduct regardless of—\nwhere the conduct happens; or\nwhether the law relevant to the conduct is a law of Queensland or of another jurisdiction.\ns 17 amd 2014 No. 21 s 94 (1) sch 1\n- (a) where the conduct happens; or\n- (b) whether the law relevant to the conduct is a law of Queensland or of another jurisdiction.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Conspiracy or attempt to engage in conduct may be corrupt conduct","content":"### sec.18 Conspiracy or attempt to engage in conduct may be corrupt conduct\n\nA conspiracy or an attempt to engage in conduct is not excluded from being corrupt conduct if, had the conspiracy or attempt been brought to fruition by the taking of a further step, the further step could constitute or involve—\nan offence; or\ngrounds for terminating a person’s services in a unit of public administration, if the person is or were the holder of an appointment in the unit.\ns 18 amd 2014 No. 21 s 94 (1) sch 1\n- (a) an offence; or\n- (b) grounds for terminating a person’s services in a unit of public administration, if the person is or were the holder of an appointment in the unit.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Corrupt conduct not affected by time limitations","content":"### sec.19 Corrupt conduct not affected by time limitations\n\nConduct does not stop being corrupt conduct only because a proceeding or an action for an offence to which the conduct is relevant can no longer be brought or continued or that action for termination of services because of the conduct can no longer be taken.\ns 19 amd 2014 No. 21 s 94 (1) sch 1","sortOrder":24},{"sectionNumber":"ch.1-pt.4-div.3","sectionType":"division","heading":"Units of public administration","content":"## Units of public administration","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Meaning of unit of public administration","content":"### sec.20 Meaning of unit of public administration\n\nEach of the following is a unit of public administration —\nthe Legislative Assembly, and the parliamentary service;\nthe Executive Council;\na department;\nthe police service;\na local government;\na corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act which, in either case, collects revenues or raises funds under the authority of an Act;\na noncorporate entity, established or maintained under an Act, that—\nis funded to any extent with State moneys; or\nis financially assisted by the State;\na State court, of whatever jurisdiction, and its registry and other administrative offices;\nanother entity prescribed under a regulation.\nHowever, none of the following is a unit of public administration—\nthe commission;\nthe parliamentary commissioner;\nthe entity consisting of—\nthe parliamentary commissioner; and\nofficers and employees of the parliamentary service assigned to the parliamentary commissioner; and\npersons engaged to provide the parliamentary commissioner with services, information or advice;\nan entity declared by an Act not to be a unit of public administration.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (h) prescribing an entity to be a unit of public administration only if the Minister—\nis satisfied the entity—\nis supported directly or indirectly by government funds or other government assistance; or\nis an entity over which government is in a position to exercise control; or\nis established under an Act; or\nis given public functions under an Act; and\nconsiders it is in the public interest for the entity to be prescribed as a unit of public administration.\nIn deciding whether it would be in the public interest for the entity to be prescribed as a unit of public administration, the Minister may have regard to each of the following matters—\nif the entity is a company, whether it is a company limited by shares;\nthe size of the entity, having regard to the number of the entity’s employees or the entity’s turnover;\nthe purpose of the entity, including whether it is performing functions that are generally identified with the functions of government;\nthe extent to which functions of the entity have previously been performed by government;\nthe extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the auditor-general or the commission;\nany other relevant matter.\nAlso, for subsection (1) (h) , an entity may be prescribed under a regulation to be a unit of public administration in relation to only a part of the entity’s functions.\ns 20 amd 2008 No. 51 s 52 ; 2024 No. 41 s 4\n(sec.20-ssec.1) Each of the following is a unit of public administration — the Legislative Assembly, and the parliamentary service; the Executive Council; a department; the police service; a local government; a corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act which, in either case, collects revenues or raises funds under the authority of an Act; a noncorporate entity, established or maintained under an Act, that— is funded to any extent with State moneys; or is financially assisted by the State; a State court, of whatever jurisdiction, and its registry and other administrative offices; another entity prescribed under a regulation.\n(sec.20-ssec.2) However, none of the following is a unit of public administration— the commission; the parliamentary commissioner; the entity consisting of— the parliamentary commissioner; and officers and employees of the parliamentary service assigned to the parliamentary commissioner; and persons engaged to provide the parliamentary commissioner with services, information or advice; an entity declared by an Act not to be a unit of public administration.\n(sec.20-ssec.3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (h) prescribing an entity to be a unit of public administration only if the Minister— is satisfied the entity— is supported directly or indirectly by government funds or other government assistance; or is an entity over which government is in a position to exercise control; or is established under an Act; or is given public functions under an Act; and considers it is in the public interest for the entity to be prescribed as a unit of public administration.\n(sec.20-ssec.4) In deciding whether it would be in the public interest for the entity to be prescribed as a unit of public administration, the Minister may have regard to each of the following matters— if the entity is a company, whether it is a company limited by shares; the size of the entity, having regard to the number of the entity’s employees or the entity’s turnover; the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government; the extent to which functions of the entity have previously been performed by government; the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the auditor-general or the commission; any other relevant matter.\n(sec.20-ssec.5) Also, for subsection (1) (h) , an entity may be prescribed under a regulation to be a unit of public administration in relation to only a part of the entity’s functions.\n- (a) the Legislative Assembly, and the parliamentary service;\n- (b) the Executive Council;\n- (c) a department;\n- (d) the police service;\n- (da) a local government;\n- (e) a corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act which, in either case, collects revenues or raises funds under the authority of an Act;\n- (f) a noncorporate entity, established or maintained under an Act, that— (i) is funded to any extent with State moneys; or (ii) is financially assisted by the State;\n- (i) is funded to any extent with State moneys; or\n- (ii) is financially assisted by the State;\n- (g) a State court, of whatever jurisdiction, and its registry and other administrative offices;\n- (h) another entity prescribed under a regulation.\n- (i) is funded to any extent with State moneys; or\n- (ii) is financially assisted by the State;\n- (a) the commission;\n- (b) the parliamentary commissioner;\n- (c) the entity consisting of— (i) the parliamentary commissioner; and (ii) officers and employees of the parliamentary service assigned to the parliamentary commissioner; and (iii) persons engaged to provide the parliamentary commissioner with services, information or advice;\n- (i) the parliamentary commissioner; and\n- (ii) officers and employees of the parliamentary service assigned to the parliamentary commissioner; and\n- (iii) persons engaged to provide the parliamentary commissioner with services, information or advice;\n- (d) an entity declared by an Act not to be a unit of public administration.\n- (i) the parliamentary commissioner; and\n- (ii) officers and employees of the parliamentary service assigned to the parliamentary commissioner; and\n- (iii) persons engaged to provide the parliamentary commissioner with services, information or advice;\n- (a) is satisfied the entity— (i) is supported directly or indirectly by government funds or other government assistance; or (ii) is an entity over which government is in a position to exercise control; or (iii) is established under an Act; or (iv) is given public functions under an Act; and\n- (i) is supported directly or indirectly by government funds or other government assistance; or\n- (ii) is an entity over which government is in a position to exercise control; or\n- (iii) is established under an Act; or\n- (iv) is given public functions under an Act; and\n- (b) considers it is in the public interest for the entity to be prescribed as a unit of public administration.\n- (i) is supported directly or indirectly by government funds or other government assistance; or\n- (ii) is an entity over which government is in a position to exercise control; or\n- (iii) is established under an Act; or\n- (iv) is given public functions under an Act; and\n- (a) if the entity is a company, whether it is a company limited by shares;\n- (b) the size of the entity, having regard to the number of the entity’s employees or the entity’s turnover;\n- (c) the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government;\n- (d) the extent to which functions of the entity have previously been performed by government;\n- (e) the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the auditor-general or the commission;\n- (f) any other relevant matter.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Holding appointment in unit of public administration","content":"### sec.21 Holding appointment in unit of public administration\n\nA person holds an appointment in a unit of public administration if the person holds any office, place or position in the unit, whether the appointment is by way of election or selection.","sortOrder":27},{"sectionNumber":"ch.1-pt.4-div.4","sectionType":"division","heading":"References to major crime and corruption","content":"## References to major crime and corruption","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"References to major crime or corruption include suspected major crime or suspected corruption","content":"### sec.22 References to major crime or corruption include suspected major crime or suspected corruption\n\nA reference to major crime includes, in the context of a crime investigation, suspected major crime.\nA reference to corruption includes, in the context of a complaint or a corruption investigation, suspected corruption.\ns 22 amd 2014 No. 21 s 94 (1) sch 1\n(sec.22-ssec.1) A reference to major crime includes, in the context of a crime investigation, suspected major crime.\n(sec.22-ssec.2) A reference to corruption includes, in the context of a complaint or a corruption investigation, suspected corruption.","sortOrder":29},{"sectionNumber":"ch.1-pt.4-div.5","sectionType":"division","heading":"Terrorist acts","content":"## Terrorist acts","sortOrder":30},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Meaning of terrorist act","content":"### sec.22A Meaning of terrorist act\n\nAn action is a terrorist act if—\nit does any of the following—\ncauses serious harm that is physical harm to a person;\ncauses serious damage to property;\ncauses a person’s death;\nendangers the life of someone other than the person taking the action;\ncreates a serious risk to the health or safety of the public or a section of the public;\nseriously interferes with, seriously disrupts, or destroys an electronic system; and\nit is done with the intention of advancing a political, religious or ideological cause; and\nit is done with the intention of—\ncoercing, or influencing by intimidation, the government of the Commonwealth, a State or a foreign country, or of part of a State or a foreign country; or\nintimidating the public or a section of the public.\nA threat of action is a terrorist act if—\nthe threatened action is likely to do anything mentioned in subsection (1) (a) (i) to (vi) ; and\nthe threat is made with the intentions mentioned in subsection (1) (b) and (c) .\nHowever, an action or threat of action is not a terrorist act if the action or threatened action—\nis advocacy, protest, dissent or industrial action; and\nis not intended—\nto cause serious harm that is physical harm to a person; or\nto cause a person’s death; or\nto endanger the life of a person, other than the person taking the action; or\nto create a serious risk to the health or safety of the public or a section of the public.\nA reference in this section to a person or property is a reference to a person or property wherever situated, within or outside the State (including within or outside Australia).\nIn this section—\nelectronic system includes any of the following electronic systems—\nan information system;\na telecommunications system;\na financial system;\na system used for the delivery of essential government services;\na system used for, or by, an essential public utility;\na system used for, or by, a transport system.\nphysical harm includes unconsciousness, pain, disfigurement, infection with a disease and physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time).\npublic includes the public of another State or of a country other than Australia.\nserious harm means harm, including the cumulative effect of any harm, that—\nendangers, or is likely to endanger, a person’s life; or\nis, or is likely to be, significant and longstanding.\nthreat includes a threat made by conduct, whether express or implied and whether conditional or unconditional.\ns 22A ins 2004 No. 8 s 4\n(sec.22A-ssec.1) An action is a terrorist act if— it does any of the following— causes serious harm that is physical harm to a person; causes serious damage to property; causes a person’s death; endangers the life of someone other than the person taking the action; creates a serious risk to the health or safety of the public or a section of the public; seriously interferes with, seriously disrupts, or destroys an electronic system; and it is done with the intention of advancing a political, religious or ideological cause; and it is done with the intention of— coercing, or influencing by intimidation, the government of the Commonwealth, a State or a foreign country, or of part of a State or a foreign country; or intimidating the public or a section of the public.\n(sec.22A-ssec.2) A threat of action is a terrorist act if— the threatened action is likely to do anything mentioned in subsection (1) (a) (i) to (vi) ; and the threat is made with the intentions mentioned in subsection (1) (b) and (c) .\n(sec.22A-ssec.3) However, an action or threat of action is not a terrorist act if the action or threatened action— is advocacy, protest, dissent or industrial action; and is not intended— to cause serious harm that is physical harm to a person; or to cause a person’s death; or to endanger the life of a person, other than the person taking the action; or to create a serious risk to the health or safety of the public or a section of the public.\n(sec.22A-ssec.4) A reference in this section to a person or property is a reference to a person or property wherever situated, within or outside the State (including within or outside Australia).\n(sec.22A-ssec.5) In this section— electronic system includes any of the following electronic systems— an information system; a telecommunications system; a financial system; a system used for the delivery of essential government services; a system used for, or by, an essential public utility; a system used for, or by, a transport system. physical harm includes unconsciousness, pain, disfigurement, infection with a disease and physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time). public includes the public of another State or of a country other than Australia. serious harm means harm, including the cumulative effect of any harm, that— endangers, or is likely to endanger, a person’s life; or is, or is likely to be, significant and longstanding. threat includes a threat made by conduct, whether express or implied and whether conditional or unconditional.\n- (a) it does any of the following— (i) causes serious harm that is physical harm to a person; (ii) causes serious damage to property; (iii) causes a person’s death; (iv) endangers the life of someone other than the person taking the action; (v) creates a serious risk to the health or safety of the public or a section of the public; (vi) seriously interferes with, seriously disrupts, or destroys an electronic system; and\n- (i) causes serious harm that is physical harm to a person;\n- (ii) causes serious damage to property;\n- (iii) causes a person’s death;\n- (iv) endangers the life of someone other than the person taking the action;\n- (v) creates a serious risk to the health or safety of the public or a section of the public;\n- (vi) seriously interferes with, seriously disrupts, or destroys an electronic system; and\n- (b) it is done with the intention of advancing a political, religious or ideological cause; and\n- (c) it is done with the intention of— (i) coercing, or influencing by intimidation, the government of the Commonwealth, a State or a foreign country, or of part of a State or a foreign country; or (ii) intimidating the public or a section of the public.\n- (i) coercing, or influencing by intimidation, the government of the Commonwealth, a State or a foreign country, or of part of a State or a foreign country; or\n- (ii) intimidating the public or a section of the public.\n- (i) causes serious harm that is physical harm to a person;\n- (ii) causes serious damage to property;\n- (iii) causes a person’s death;\n- (iv) endangers the life of someone other than the person taking the action;\n- (v) creates a serious risk to the health or safety of the public or a section of the public;\n- (vi) seriously interferes with, seriously disrupts, or destroys an electronic system; and\n- (i) coercing, or influencing by intimidation, the government of the Commonwealth, a State or a foreign country, or of part of a State or a foreign country; or\n- (ii) intimidating the public or a section of the public.\n- (a) the threatened action is likely to do anything mentioned in subsection (1) (a) (i) to (vi) ; and\n- (b) the threat is made with the intentions mentioned in subsection (1) (b) and (c) .\n- (a) is advocacy, protest, dissent or industrial action; and\n- (b) is not intended— (i) to cause serious harm that is physical harm to a person; or (ii) to cause a person’s death; or (iii) to endanger the life of a person, other than the person taking the action; or (iv) to create a serious risk to the health or safety of the public or a section of the public.\n- (i) to cause serious harm that is physical harm to a person; or\n- (ii) to cause a person’s death; or\n- (iii) to endanger the life of a person, other than the person taking the action; or\n- (iv) to create a serious risk to the health or safety of the public or a section of the public.\n- (i) to cause serious harm that is physical harm to a person; or\n- (ii) to cause a person’s death; or\n- (iii) to endanger the life of a person, other than the person taking the action; or\n- (iv) to create a serious risk to the health or safety of the public or a section of the public.\n- (a) an information system;\n- (b) a telecommunications system;\n- (c) a financial system;\n- (d) a system used for the delivery of essential government services;\n- (e) a system used for, or by, an essential public utility;\n- (f) a system used for, or by, a transport system.\n- (a) endangers, or is likely to endanger, a person’s life; or\n- (b) is, or is likely to be, significant and longstanding.","sortOrder":31},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Prevention","content":"# Prevention","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":"Commission’s prevention function","content":"### sec.23 Commission’s prevention function\n\nThe commission has a function (its prevention function ) of helping to prevent major crime and corruption.\ns 23 amd 2014 No. 21 s 10 ; 2016 No. 19 s 6","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":"How commission performs its prevention function","content":"### sec.24 How commission performs its prevention function\n\nWithout limiting the ways the commission may perform its prevention function, the commission performs the function by—\nanalysing the intelligence it gathers in support of its investigations into major crime and corruption; and\nanalysing the results of its investigations and the information it gathers in performing its functions; and\nanalysing systems used within units of public administration to prevent corruption; and\nusing information it gathers from any source in support of its prevention function; and\nproviding information to, consulting with, and making recommendations to, units of public administration; and\nproviding information relevant to its prevention function to the general community; and\nensuring that in performing all of its functions it has regard to its prevention function; and\ngenerally increasing the capacity of units of public administration to prevent corruption by providing advice and training to the units and, if asked, to other entities; and\nreporting on ways to prevent major crime and corruption.\ns 24 amd 2014 No. 21 s 11 ; 2016 No. 19 s 7\n- (a) analysing the intelligence it gathers in support of its investigations into major crime and corruption; and\n- (b) analysing the results of its investigations and the information it gathers in performing its functions; and\n- (c) analysing systems used within units of public administration to prevent corruption; and\n- (d) using information it gathers from any source in support of its prevention function; and\n- (e) providing information to, consulting with, and making recommendations to, units of public administration; and\n- (f) providing information relevant to its prevention function to the general community; and\n- (g) ensuring that in performing all of its functions it has regard to its prevention function; and\n- (h) generally increasing the capacity of units of public administration to prevent corruption by providing advice and training to the units and, if asked, to other entities; and\n- (i) reporting on ways to prevent major crime and corruption.","sortOrder":34},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Crime","content":"# Crime","sortOrder":35},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Crime functions","content":"## Crime functions","sortOrder":36},{"sectionNumber":"sec.25","sectionType":"section","heading":"Commission’s crime function","content":"### sec.25 Commission’s crime function\n\nThe commission has a function (its crime function )—\nto investigate major crime referred to it, under division 2 , by the reference committee; and\nto investigate, under an authorisation under section 55D , incidents that threaten, have threatened or may threaten public safety that criminal organisations or participants in criminal organisations have engaged in, are engaging in, or are planning to engage in.\ns 25 amd 2009 No. 12 s 4\nsub 2013 No. 45 s 8\namd 2016 No. 62 s 32\n- (a) to investigate major crime referred to it, under division 2 , by the reference committee; and\n- (b) to investigate, under an authorisation under section 55D , incidents that threaten, have threatened or may threaten public safety that criminal organisations or participants in criminal organisations have engaged in, are engaging in, or are planning to engage in.","sortOrder":37},{"sectionNumber":"sec.26","sectionType":"section","heading":"How commission performs its crime function","content":"### sec.26 How commission performs its crime function\n\nWithout limiting the ways the commission may perform its crime function, the commission performs its crime function by—\ninvestigating major crime referred to it, under division 2 , by the reference committee; and\nwhen conducting investigations under paragraph (a) , gathering evidence for—\nthe prosecution of persons for offences; and\nthe recovery of the proceeds of major crime; and\nthe recovery of other property liable to forfeiture, or a person’s unexplained wealth, under the Confiscation Act ; and\nliaising with, providing information to, and receiving information from, other law enforcement agencies and prosecuting authorities, including agencies and authorities outside the State or Australia, about major crime.\ns 26 amd 2009 No. 12 s 5 ; 2013 No. 21 s 6\n- (a) investigating major crime referred to it, under division 2 , by the reference committee; and\n- (b) when conducting investigations under paragraph (a) , gathering evidence for— (i) the prosecution of persons for offences; and (ii) the recovery of the proceeds of major crime; and (iii) the recovery of other property liable to forfeiture, or a person’s unexplained wealth, under the Confiscation Act ; and\n- (i) the prosecution of persons for offences; and\n- (ii) the recovery of the proceeds of major crime; and\n- (iii) the recovery of other property liable to forfeiture, or a person’s unexplained wealth, under the Confiscation Act ; and\n- (c) liaising with, providing information to, and receiving information from, other law enforcement agencies and prosecuting authorities, including agencies and authorities outside the State or Australia, about major crime.\n- (i) the prosecution of persons for offences; and\n- (ii) the recovery of the proceeds of major crime; and\n- (iii) the recovery of other property liable to forfeiture, or a person’s unexplained wealth, under the Confiscation Act ; and","sortOrder":38},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Referrals by reference committee","content":"## Referrals by reference committee","sortOrder":39},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Definitions for div 2","content":"### sec.26A Definitions for div 2\n\nIn this division—\ngeneral referral see section 27 (4) .\nreferral means—\na specific referral; or\na general referral.\nspecific referral see section 27 (2) .\ns 26A ins 2009 No. 12 s 6\n- (a) a specific referral; or\n- (b) a general referral.","sortOrder":40},{"sectionNumber":"sec.27","sectionType":"section","heading":"Referrals to commission","content":"### sec.27 Referrals to commission\n\nThe reference committee may refer—\na particular incident of major crime to the commission for investigation; or\nmajor crime to the commission for investigation.\nterrorism\ncriminal paedophilia facilitated by the use of the internet by offenders to groom children or distribute obscene material depicting children\norganised crime engaged in by a class of person or involving offences of a particular type, for example, money laundering\ncriminal activity involving drug trafficking and violence engaged in by members of ( generally identified ) motorcycle gangs and their associates\nA reference under subsection (1) (a) is called a specific referral .\nA specific referral must identify—\nthe particular incident of major crime to be investigated by the commission; and\nat least 1 of the following—\nthe persons involved, or suspected of being involved, in the particular incident of major crime;\nthe activity constituting, or suspected of constituting, the particular incident of major crime.\nA reference under subsection (1) (b) is called a general referral .\nA general referral—\nmust identify the major crime to be investigated by the commission; and\nmay identify either or both of the following—\nthe persons involved, or suspected of being involved, in the major crime;\nthe activities constituting, or suspected of constituting, the major crime.\nA referral may relate to any circumstances implying, or any allegations, that a particular incident of major crime, or major crime, may have been committed, may be being committed, or may in the future be committed.\nA referral may be made by the reference committee—\nfor a specific referral—\non its own initiative; or\nif asked by the senior executive officer (crime); or\nif asked by the commissioner of police; or\nfor a general referral—\non its own initiative; or\nif asked by the senior executive officer (crime).\nA referral must be in writing.\ns 27 sub 2009 No. 12 s 6\namd 2014 No. 21 s 94 (1) sch 1\n(sec.27-ssec.1) The reference committee may refer— a particular incident of major crime to the commission for investigation; or major crime to the commission for investigation. terrorism criminal paedophilia facilitated by the use of the internet by offenders to groom children or distribute obscene material depicting children organised crime engaged in by a class of person or involving offences of a particular type, for example, money laundering criminal activity involving drug trafficking and violence engaged in by members of ( generally identified ) motorcycle gangs and their associates\n(sec.27-ssec.2) A reference under subsection (1) (a) is called a specific referral .\n(sec.27-ssec.3) A specific referral must identify— the particular incident of major crime to be investigated by the commission; and at least 1 of the following— the persons involved, or suspected of being involved, in the particular incident of major crime; the activity constituting, or suspected of constituting, the particular incident of major crime.\n(sec.27-ssec.4) A reference under subsection (1) (b) is called a general referral .\n(sec.27-ssec.5) A general referral— must identify the major crime to be investigated by the commission; and may identify either or both of the following— the persons involved, or suspected of being involved, in the major crime; the activities constituting, or suspected of constituting, the major crime.\n(sec.27-ssec.6) A referral may relate to any circumstances implying, or any allegations, that a particular incident of major crime, or major crime, may have been committed, may be being committed, or may in the future be committed.\n(sec.27-ssec.7) A referral may be made by the reference committee— for a specific referral— on its own initiative; or if asked by the senior executive officer (crime); or if asked by the commissioner of police; or for a general referral— on its own initiative; or if asked by the senior executive officer (crime).\n(sec.27-ssec.8) A referral must be in writing.\n- (a) a particular incident of major crime to the commission for investigation; or\n- (b) major crime to the commission for investigation. Examples of major crime that may be referred under paragraph (b) — • terrorism • criminal paedophilia facilitated by the use of the internet by offenders to groom children or distribute obscene material depicting children • organised crime engaged in by a class of person or involving offences of a particular type, for example, money laundering • criminal activity involving drug trafficking and violence engaged in by members of ( generally identified ) motorcycle gangs and their associates\n- • terrorism\n- • criminal paedophilia facilitated by the use of the internet by offenders to groom children or distribute obscene material depicting children\n- • organised crime engaged in by a class of person or involving offences of a particular type, for example, money laundering\n- • criminal activity involving drug trafficking and violence engaged in by members of ( generally identified ) motorcycle gangs and their associates\n- • terrorism\n- • criminal paedophilia facilitated by the use of the internet by offenders to groom children or distribute obscene material depicting children\n- • organised crime engaged in by a class of person or involving offences of a particular type, for example, money laundering\n- • criminal activity involving drug trafficking and violence engaged in by members of ( generally identified ) motorcycle gangs and their associates\n- (a) the particular incident of major crime to be investigated by the commission; and\n- (b) at least 1 of the following— (i) the persons involved, or suspected of being involved, in the particular incident of major crime; (ii) the activity constituting, or suspected of constituting, the particular incident of major crime.\n- (i) the persons involved, or suspected of being involved, in the particular incident of major crime;\n- (ii) the activity constituting, or suspected of constituting, the particular incident of major crime.\n- (i) the persons involved, or suspected of being involved, in the particular incident of major crime;\n- (ii) the activity constituting, or suspected of constituting, the particular incident of major crime.\n- (a) must identify the major crime to be investigated by the commission; and\n- (b) may identify either or both of the following— (i) the persons involved, or suspected of being involved, in the major crime; (ii) the activities constituting, or suspected of constituting, the major crime.\n- (i) the persons involved, or suspected of being involved, in the major crime;\n- (ii) the activities constituting, or suspected of constituting, the major crime.\n- (i) the persons involved, or suspected of being involved, in the major crime;\n- (ii) the activities constituting, or suspected of constituting, the major crime.\n- (a) for a specific referral— (i) on its own initiative; or (ii) if asked by the senior executive officer (crime); or (iii) if asked by the commissioner of police; or\n- (i) on its own initiative; or\n- (ii) if asked by the senior executive officer (crime); or\n- (iii) if asked by the commissioner of police; or\n- (b) for a general referral— (i) on its own initiative; or (ii) if asked by the senior executive officer (crime).\n- (i) on its own initiative; or\n- (ii) if asked by the senior executive officer (crime).\n- (i) on its own initiative; or\n- (ii) if asked by the senior executive officer (crime); or\n- (iii) if asked by the commissioner of police; or\n- (i) on its own initiative; or\n- (ii) if asked by the senior executive officer (crime).","sortOrder":41},{"sectionNumber":"sec.28","sectionType":"section","heading":"Matters about which the reference committee must be satisfied before making a referral","content":"### sec.28 Matters about which the reference committee must be satisfied before making a referral\n\nThe reference committee may make a specific referral only if it is satisfied—\nthe police service has carried out an investigation into the particular incident of major crime that has not been effective; and\nfurther investigation into the particular incident of major crime is unlikely to be effective using powers ordinarily available to police officers; and\nit is in the public interest to refer the particular incident of major crime to the commission for investigation.\nThe reference committee may make a general referral only if it is satisfied it is in the public interest to refer the major crime to the commission for investigation.\nWithout limiting the matters to which the reference committee may have regard in deciding whether it is in the public interest to refer a particular incident of major crime, or major crime, to the commission for investigation, the reference committee may have regard to the following—\nthe number of persons that may be involved;\nthe degree of planning and organisation likely to be involved;\nthe seriousness of, or the consequences of, the particular incident of major crime or the major crime;\nthe person or persons likely to be responsible for planning and organising the particular incident of major crime or the major crime;\nthe likely involvement of the person or persons in similar activities;\nthe financial or other benefits likely to be derived by any person;\nwhether investigation by the commission is a justifiable use of resources.\nAlso, without limiting the matters to which the reference committee may have regard in deciding whether it is in the public interest to refer major crime to the commission for investigation (that is, a general referral), the reference committee may have regard to the likely effectiveness of investigation into the major crime using powers ordinarily available to the police service.\ns 28 sub 2009 No. 12 s 6\n(sec.28-ssec.1) The reference committee may make a specific referral only if it is satisfied— the police service has carried out an investigation into the particular incident of major crime that has not been effective; and further investigation into the particular incident of major crime is unlikely to be effective using powers ordinarily available to police officers; and it is in the public interest to refer the particular incident of major crime to the commission for investigation.\n(sec.28-ssec.2) The reference committee may make a general referral only if it is satisfied it is in the public interest to refer the major crime to the commission for investigation.\n(sec.28-ssec.3) Without limiting the matters to which the reference committee may have regard in deciding whether it is in the public interest to refer a particular incident of major crime, or major crime, to the commission for investigation, the reference committee may have regard to the following— the number of persons that may be involved; the degree of planning and organisation likely to be involved; the seriousness of, or the consequences of, the particular incident of major crime or the major crime; the person or persons likely to be responsible for planning and organising the particular incident of major crime or the major crime; the likely involvement of the person or persons in similar activities; the financial or other benefits likely to be derived by any person; whether investigation by the commission is a justifiable use of resources.\n(sec.28-ssec.4) Also, without limiting the matters to which the reference committee may have regard in deciding whether it is in the public interest to refer major crime to the commission for investigation (that is, a general referral), the reference committee may have regard to the likely effectiveness of investigation into the major crime using powers ordinarily available to the police service.\n- (a) the police service has carried out an investigation into the particular incident of major crime that has not been effective; and\n- (b) further investigation into the particular incident of major crime is unlikely to be effective using powers ordinarily available to police officers; and\n- (c) it is in the public interest to refer the particular incident of major crime to the commission for investigation.\n- (a) the number of persons that may be involved;\n- (b) the degree of planning and organisation likely to be involved;\n- (c) the seriousness of, or the consequences of, the particular incident of major crime or the major crime;\n- (d) the person or persons likely to be responsible for planning and organising the particular incident of major crime or the major crime;\n- (e) the likely involvement of the person or persons in similar activities;\n- (f) the financial or other benefits likely to be derived by any person;\n- (g) whether investigation by the commission is a justifiable use of resources.","sortOrder":42},{"sectionNumber":"sec.29","sectionType":"section","heading":"Reference committee may give commission directions about investigations","content":"### sec.29 Reference committee may give commission directions about investigations\n\nThe reference committee may give the commission directions imposing limitations on a crime investigation, including limitations on the exercise of the commission’s powers for the investigation.\nThe reference committee may also direct the commission to end a particular crime investigation if the committee considers—\nit may be more appropriate for another entity to undertake the investigation; or\nit may be more effective for another entity to undertake the investigation; or\ninvestigation by the commission is not a justifiable use of resources; or\ninvestigation by the commission is not in the public interest.\nThe commission must comply with a direction given under subsection (1) or (2) .\nTo remove any doubt, it is declared that section 29 (2) (d) is not limited by section 28 (3) or (4) .\ns 29 amd 2009 No. 12 s 7\n(sec.29-ssec.1) The reference committee may give the commission directions imposing limitations on a crime investigation, including limitations on the exercise of the commission’s powers for the investigation.\n(sec.29-ssec.2) The reference committee may also direct the commission to end a particular crime investigation if the committee considers— it may be more appropriate for another entity to undertake the investigation; or it may be more effective for another entity to undertake the investigation; or investigation by the commission is not a justifiable use of resources; or investigation by the commission is not in the public interest.\n(sec.29-ssec.3) The commission must comply with a direction given under subsection (1) or (2) .\n(sec.29-ssec.4) To remove any doubt, it is declared that section 29 (2) (d) is not limited by section 28 (3) or (4) .\n- (a) it may be more appropriate for another entity to undertake the investigation; or\n- (b) it may be more effective for another entity to undertake the investigation; or\n- (c) investigation by the commission is not a justifiable use of resources; or\n- (d) investigation by the commission is not in the public interest.","sortOrder":43},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Reference committee must consider whether to give commission directions in relation to particular crime investigation under general referral","content":"### sec.29A Reference committee must consider whether to give commission directions in relation to particular crime investigation under general referral\n\nThis section applies if the senior executive officer (crime) notifies the reference committee under section 277 that the commission has commenced a particular crime investigation under a general referral.\nThe reference committee must, as soon as practicable after the reference committee is notified, consider whether to give the commission a direction under section 29 (1) or (2) in relation to the particular crime investigation.\ns 29A ins 2009 No. 12 s 8\namd 2014 No. 21 s 94 (1) sch 1\n(sec.29A-ssec.1) This section applies if the senior executive officer (crime) notifies the reference committee under section 277 that the commission has commenced a particular crime investigation under a general referral.\n(sec.29A-ssec.2) The reference committee must, as soon as practicable after the reference committee is notified, consider whether to give the commission a direction under section 29 (1) or (2) in relation to the particular crime investigation.","sortOrder":44},{"sectionNumber":"sec.30","sectionType":"section","heading":"Amendment of referral to investigate","content":"### sec.30 Amendment of referral to investigate\n\nThe reference committee may amend the terms of a referral to the commission on its own initiative or if asked by the senior executive officer (crime).\ns 30 amd 2009 No. 12 s 9 ; 2014 No. 21 s 94 (1) sch 1","sortOrder":45},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Review and lapse of general referrals","content":"### sec.30A Review and lapse of general referrals\n\nThe reference committee must review each general referral within 5 years of it being made or last confirmed under subsection (5) .\nIn conducting the review, the reference committee must give fresh consideration to the matters mentioned in section 28 (2) to (4) as if a reference in the subsections to a referral were a reference to a confirmation under subsection (5) .\nThe senior executive officer (crime) may make submissions to the reference committee about its decision on the review if the general referral was initially requested by the senior executive officer (crime).\nThe reference committee may ask the senior executive officer (crime) to help the committee to conduct the review, and, if asked, the senior executive officer (crime) must give the committee the help it needs to conduct the review.\nIn deciding the review, the reference committee may—\nconfirm the referral with or without amendment; or\nreplace the referral with a referral to the commissioner of police under section 31 ; or\nend the referral.\nIf the reference committee does not act under subsection (5) before the end of the 5 year period mentioned in subsection (1) , the referral lapses.\ns 30A ins 2009 No. 12 s 10\namd 2014 No. 21 s 94 (1) sch 1\n(sec.30A-ssec.1) The reference committee must review each general referral within 5 years of it being made or last confirmed under subsection (5) .\n(sec.30A-ssec.2) In conducting the review, the reference committee must give fresh consideration to the matters mentioned in section 28 (2) to (4) as if a reference in the subsections to a referral were a reference to a confirmation under subsection (5) .\n(sec.30A-ssec.3) The senior executive officer (crime) may make submissions to the reference committee about its decision on the review if the general referral was initially requested by the senior executive officer (crime).\n(sec.30A-ssec.4) The reference committee may ask the senior executive officer (crime) to help the committee to conduct the review, and, if asked, the senior executive officer (crime) must give the committee the help it needs to conduct the review.\n(sec.30A-ssec.5) In deciding the review, the reference committee may— confirm the referral with or without amendment; or replace the referral with a referral to the commissioner of police under section 31 ; or end the referral.\n(sec.30A-ssec.6) If the reference committee does not act under subsection (5) before the end of the 5 year period mentioned in subsection (1) , the referral lapses.\n- (a) confirm the referral with or without amendment; or\n- (b) replace the referral with a referral to the commissioner of police under section 31 ; or\n- (c) end the referral.","sortOrder":46},{"sectionNumber":"sec.31","sectionType":"section","heading":"Referrals to police service","content":"### sec.31 Referrals to police service\n\nThe reference committee may refer a particular incident of major crime, or major crime, to the commissioner of police for investigation if it is satisfied that the matter is not appropriate for investigation or continued investigation by the commission.\nThe referral must be written.\nThe commissioner of police must, if asked by the reference committee, report to the committee on the referral.\nThe commissioner of police must consider any comments about the referral made by the reference committee.\ns 31 amd 2002 No. 68 s 283 sch 3 ; 2009 No. 12 s 11\n(sec.31-ssec.1) The reference committee may refer a particular incident of major crime, or major crime, to the commissioner of police for investigation if it is satisfied that the matter is not appropriate for investigation or continued investigation by the commission.\n(sec.31-ssec.2) The referral must be written.\n(sec.31-ssec.3) The commissioner of police must, if asked by the reference committee, report to the committee on the referral.\n(sec.31-ssec.4) The commissioner of police must consider any comments about the referral made by the reference committee.","sortOrder":47},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Dealing with major crime","content":"## Dealing with major crime","sortOrder":48},{"sectionNumber":"sec.32","sectionType":"section","heading":"Police task forces and other operational agreements","content":"### sec.32 Police task forces and other operational agreements\n\nThe chairperson may make arrangements with the commissioner of police for the establishment of a police task force to help the commission to carry out a crime investigation.\nA police task force is under the control and direction of the commissioner of police.\nThe commission may enter into operational agreements with other entities, including an entity mentioned in section 275 (d) .\ns 32 amd 2013 No. 45 s 9 ; 2014 No. 21 s 94 (1) sch 1 ; 2015 No. 19 s 45 (1)\n(sec.32-ssec.1) The chairperson may make arrangements with the commissioner of police for the establishment of a police task force to help the commission to carry out a crime investigation.\n(sec.32-ssec.2) A police task force is under the control and direction of the commissioner of police.\n(sec.32-ssec.3) The commission may enter into operational agreements with other entities, including an entity mentioned in section 275 (d) .","sortOrder":49},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Corruption","content":"# Corruption","sortOrder":50},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Corruption functions","content":"## Corruption functions","sortOrder":51},{"sectionNumber":"sec.33","sectionType":"section","heading":"Commission’s corruption functions","content":"### sec.33 Commission’s corruption functions\n\nThe commission has the following functions for corruption (the corruption functions )—\nto raise standards of integrity and conduct in units of public administration;\nto ensure a complaint about, or information or matter involving, corruption is dealt with in an appropriate way, having regard to the principles set out in section 34 .\nThe commission’s corruption functions also include—\ninvestigating and otherwise dealing with—\nconduct liable to allow, encourage or cause corrupt conduct; and\nconduct connected with corrupt conduct; and\ninvestigating whether corrupt conduct or conduct mentioned in paragraph (a) (i) or (ii) may have happened, may be happening or may happen.\ns 33 sub 2014 No. 21 s 12 ; 2016 No. 19 s 9\namd 2018 No. 29 s 7\n(sec.33-ssec.1) The commission has the following functions for corruption (the corruption functions )— to raise standards of integrity and conduct in units of public administration; to ensure a complaint about, or information or matter involving, corruption is dealt with in an appropriate way, having regard to the principles set out in section 34 .\n(sec.33-ssec.2) The commission’s corruption functions also include— investigating and otherwise dealing with— conduct liable to allow, encourage or cause corrupt conduct; and conduct connected with corrupt conduct; and investigating whether corrupt conduct or conduct mentioned in paragraph (a) (i) or (ii) may have happened, may be happening or may happen.\n- (a) to raise standards of integrity and conduct in units of public administration;\n- (b) to ensure a complaint about, or information or matter involving, corruption is dealt with in an appropriate way, having regard to the principles set out in section 34 .\n- (a) investigating and otherwise dealing with— (i) conduct liable to allow, encourage or cause corrupt conduct; and (ii) conduct connected with corrupt conduct; and\n- (i) conduct liable to allow, encourage or cause corrupt conduct; and\n- (ii) conduct connected with corrupt conduct; and\n- (b) investigating whether corrupt conduct or conduct mentioned in paragraph (a) (i) or (ii) may have happened, may be happening or may happen.\n- (i) conduct liable to allow, encourage or cause corrupt conduct; and\n- (ii) conduct connected with corrupt conduct; and","sortOrder":52},{"sectionNumber":"sec.34","sectionType":"section","heading":"Principles for performing corruption functions","content":"### sec.34 Principles for performing corruption functions\n\nIt is the Parliament’s intention that the commission apply the following principles when performing its corruption functions—\nCooperation\nto the greatest extent practicable, the commission and units of public administration should work cooperatively to prevent corruption\nthe commission and units of public administration should work cooperatively to deal with corruption\nCapacity building\nthe commission has a lead role in building the capacity of units of public administration to prevent and deal with cases of corruption effectively and appropriately\nDevolution\nsubject to the cooperation and public interest principles and the capacity of the unit of public administration, action to prevent and deal with corruption in a unit of public administration should generally happen within the unit\nPublic interest\nthe commission has an overriding responsibility to promote public confidence—\nin the integrity of units of public administration and\nif corruption does happen within a unit of public administration, in the way it is dealt with\nthe commission should exercise its power to deal with particular cases of corruption when it is appropriate having primary regard to the following—\nthe capacity of, and the resources available to, a unit of public administration to effectively deal with the corruption\nthe nature and seriousness of the corruption, particularly if there is reason to believe that corruption is prevalent or systemic within a unit of public administration\nany likely increase in public confidence in having the corruption dealt with by the commission directly.\ns 34 amd 2014 No. 21 s 13\nsub 2016 No. 19 s 9\n- (a) Cooperation • to the greatest extent practicable, the commission and units of public administration should work cooperatively to prevent corruption • the commission and units of public administration should work cooperatively to deal with corruption\n- • to the greatest extent practicable, the commission and units of public administration should work cooperatively to prevent corruption\n- • the commission and units of public administration should work cooperatively to deal with corruption\n- (b) Capacity building • the commission has a lead role in building the capacity of units of public administration to prevent and deal with cases of corruption effectively and appropriately\n- • the commission has a lead role in building the capacity of units of public administration to prevent and deal with cases of corruption effectively and appropriately\n- (c) Devolution • subject to the cooperation and public interest principles and the capacity of the unit of public administration, action to prevent and deal with corruption in a unit of public administration should generally happen within the unit\n- • subject to the cooperation and public interest principles and the capacity of the unit of public administration, action to prevent and deal with corruption in a unit of public administration should generally happen within the unit\n- (d) Public interest • the commission has an overriding responsibility to promote public confidence— • in the integrity of units of public administration and • if corruption does happen within a unit of public administration, in the way it is dealt with • the commission should exercise its power to deal with particular cases of corruption when it is appropriate having primary regard to the following— • the capacity of, and the resources available to, a unit of public administration to effectively deal with the corruption • the nature and seriousness of the corruption, particularly if there is reason to believe that corruption is prevalent or systemic within a unit of public administration • any likely increase in public confidence in having the corruption dealt with by the commission directly.\n- • the commission has an overriding responsibility to promote public confidence— • in the integrity of units of public administration and • if corruption does happen within a unit of public administration, in the way it is dealt with\n- • in the integrity of units of public administration and\n- • if corruption does happen within a unit of public administration, in the way it is dealt with\n- • the commission should exercise its power to deal with particular cases of corruption when it is appropriate having primary regard to the following— • the capacity of, and the resources available to, a unit of public administration to effectively deal with the corruption • the nature and seriousness of the corruption, particularly if there is reason to believe that corruption is prevalent or systemic within a unit of public administration • any likely increase in public confidence in having the corruption dealt with by the commission directly.\n- • the capacity of, and the resources available to, a unit of public administration to effectively deal with the corruption\n- • the nature and seriousness of the corruption, particularly if there is reason to believe that corruption is prevalent or systemic within a unit of public administration\n- • any likely increase in public confidence in having the corruption dealt with by the commission directly.\n- • to the greatest extent practicable, the commission and units of public administration should work cooperatively to prevent corruption\n- • the commission and units of public administration should work cooperatively to deal with corruption\n- • the commission has a lead role in building the capacity of units of public administration to prevent and deal with cases of corruption effectively and appropriately\n- • subject to the cooperation and public interest principles and the capacity of the unit of public administration, action to prevent and deal with corruption in a unit of public administration should generally happen within the unit\n- • the commission has an overriding responsibility to promote public confidence— • in the integrity of units of public administration and • if corruption does happen within a unit of public administration, in the way it is dealt with\n- • in the integrity of units of public administration and\n- • if corruption does happen within a unit of public administration, in the way it is dealt with\n- • in the integrity of units of public administration and\n- • if corruption does happen within a unit of public administration, in the way it is dealt with\n- • the commission should exercise its power to deal with particular cases of corruption when it is appropriate having primary regard to the following— • the capacity of, and the resources available to, a unit of public administration to effectively deal with the corruption • the nature and seriousness of the corruption, particularly if there is reason to believe that corruption is prevalent or systemic within a unit of public administration • any likely increase in public confidence in having the corruption dealt with by the commission directly.\n- • the capacity of, and the resources available to, a unit of public administration to effectively deal with the corruption\n- • the nature and seriousness of the corruption, particularly if there is reason to believe that corruption is prevalent or systemic within a unit of public administration\n- • any likely increase in public confidence in having the corruption dealt with by the commission directly.\n- • the capacity of, and the resources available to, a unit of public administration to effectively deal with the corruption\n- • the nature and seriousness of the corruption, particularly if there is reason to believe that corruption is prevalent or systemic within a unit of public administration\n- • any likely increase in public confidence in having the corruption dealt with by the commission directly.","sortOrder":53},{"sectionNumber":"sec.35","sectionType":"section","heading":"How commission performs its corruption functions","content":"### sec.35 How commission performs its corruption functions\n\nWithout limiting how the commission may perform its corruption functions, it performs its corruption functions by doing 1 or more of the following—\nexpeditiously assessing complaints about, or information or matters (also complaints ) involving, corruption made or notified to it;\nreferring complaints about corruption within a unit of public administration to a relevant public official to be dealt with by the public official;\nperforming its monitoring role for police misconduct as provided for under section 47 (1) ;\nperforming its monitoring role for corrupt conduct as provided for under section 48 (1) ;\ndealing with complaints about corrupt conduct, by itself or in cooperation with a unit of public administration;\ninvestigating and otherwise dealing with, on its own initiative—\nthe incidence, or particular cases, of corruption throughout the State; or\nthe matters mentioned in section 33 (2) ;\nassuming responsibility for, and completing, an investigation, by itself or in cooperation with a unit of public administration, if the commission considers that action to be appropriate having regard to the principles set out in section 34 ;\nwhen conducting or monitoring investigations, gathering evidence for or ensuring evidence is gathered for—\nthe prosecution of persons for offences; or\ndisciplinary proceedings against persons;\nassessing the appropriateness of systems and procedures adopted by a unit of public administration for dealing with complaints about corruption;\nproviding advice and recommendations to a unit of public administration about dealing with complaints about corruption in an appropriate way;\nproviding information generally about how it performs its corruption functions by reporting and making statements to the public;\nreporting on investigations to appropriate authorities and entities if it decides that prosecution proceedings or disciplinary action should be considered;\nproviding information to the public and to appropriate authorities and entities, by reporting and making public statements, about particular complaints or particular investigations if the commission considers it appropriate and necessary in the circumstances to do so to—\nprovide transparency about how it performs its corruption functions; or\nassure the public and other authorities and entities that allegations of corruption are appropriately dealt with; or\ncontinuously improve the integrity of, and reduce the incidence of corruption in, the public sector.\nIn performing its corruption functions in a way mentioned in subsection (1) , the commission should, whenever possible, liaise with a relevant public official.\nIn performing its corruption function under section 33 (1) (b) , the commission must focus on more serious cases of corrupt conduct and cases of systemic corrupt conduct within a unit of public administration.\ns 35 amd 2014 No. 21 s 14 ; 2016 No. 19 s 10 ; 2018 No. 29 s 8 ; 2025 No. 7 s 4\n(sec.35-ssec.1) Without limiting how the commission may perform its corruption functions, it performs its corruption functions by doing 1 or more of the following— expeditiously assessing complaints about, or information or matters (also complaints ) involving, corruption made or notified to it; referring complaints about corruption within a unit of public administration to a relevant public official to be dealt with by the public official; performing its monitoring role for police misconduct as provided for under section 47 (1) ; performing its monitoring role for corrupt conduct as provided for under section 48 (1) ; dealing with complaints about corrupt conduct, by itself or in cooperation with a unit of public administration; investigating and otherwise dealing with, on its own initiative— the incidence, or particular cases, of corruption throughout the State; or the matters mentioned in section 33 (2) ; assuming responsibility for, and completing, an investigation, by itself or in cooperation with a unit of public administration, if the commission considers that action to be appropriate having regard to the principles set out in section 34 ; when conducting or monitoring investigations, gathering evidence for or ensuring evidence is gathered for— the prosecution of persons for offences; or disciplinary proceedings against persons; assessing the appropriateness of systems and procedures adopted by a unit of public administration for dealing with complaints about corruption; providing advice and recommendations to a unit of public administration about dealing with complaints about corruption in an appropriate way; providing information generally about how it performs its corruption functions by reporting and making statements to the public; reporting on investigations to appropriate authorities and entities if it decides that prosecution proceedings or disciplinary action should be considered; providing information to the public and to appropriate authorities and entities, by reporting and making public statements, about particular complaints or particular investigations if the commission considers it appropriate and necessary in the circumstances to do so to— provide transparency about how it performs its corruption functions; or assure the public and other authorities and entities that allegations of corruption are appropriately dealt with; or continuously improve the integrity of, and reduce the incidence of corruption in, the public sector.\n(sec.35-ssec.2) In performing its corruption functions in a way mentioned in subsection (1) , the commission should, whenever possible, liaise with a relevant public official.\n(sec.35-ssec.3) In performing its corruption function under section 33 (1) (b) , the commission must focus on more serious cases of corrupt conduct and cases of systemic corrupt conduct within a unit of public administration.\n- (a) expeditiously assessing complaints about, or information or matters (also complaints ) involving, corruption made or notified to it;\n- (b) referring complaints about corruption within a unit of public administration to a relevant public official to be dealt with by the public official;\n- (c) performing its monitoring role for police misconduct as provided for under section 47 (1) ;\n- (d) performing its monitoring role for corrupt conduct as provided for under section 48 (1) ;\n- (e) dealing with complaints about corrupt conduct, by itself or in cooperation with a unit of public administration;\n- (f) investigating and otherwise dealing with, on its own initiative— (i) the incidence, or particular cases, of corruption throughout the State; or (ii) the matters mentioned in section 33 (2) ;\n- (i) the incidence, or particular cases, of corruption throughout the State; or\n- (ii) the matters mentioned in section 33 (2) ;\n- (g) assuming responsibility for, and completing, an investigation, by itself or in cooperation with a unit of public administration, if the commission considers that action to be appropriate having regard to the principles set out in section 34 ;\n- (h) when conducting or monitoring investigations, gathering evidence for or ensuring evidence is gathered for— (i) the prosecution of persons for offences; or (ii) disciplinary proceedings against persons;\n- (i) the prosecution of persons for offences; or\n- (ii) disciplinary proceedings against persons;\n- (i) assessing the appropriateness of systems and procedures adopted by a unit of public administration for dealing with complaints about corruption;\n- (j) providing advice and recommendations to a unit of public administration about dealing with complaints about corruption in an appropriate way;\n- (k) providing information generally about how it performs its corruption functions by reporting and making statements to the public;\n- (l) reporting on investigations to appropriate authorities and entities if it decides that prosecution proceedings or disciplinary action should be considered;\n- (m) providing information to the public and to appropriate authorities and entities, by reporting and making public statements, about particular complaints or particular investigations if the commission considers it appropriate and necessary in the circumstances to do so to— (i) provide transparency about how it performs its corruption functions; or (ii) assure the public and other authorities and entities that allegations of corruption are appropriately dealt with; or (iii) continuously improve the integrity of, and reduce the incidence of corruption in, the public sector.\n- (i) provide transparency about how it performs its corruption functions; or\n- (ii) assure the public and other authorities and entities that allegations of corruption are appropriately dealt with; or\n- (iii) continuously improve the integrity of, and reduce the incidence of corruption in, the public sector.\n- (i) the incidence, or particular cases, of corruption throughout the State; or\n- (ii) the matters mentioned in section 33 (2) ;\n- (i) the prosecution of persons for offences; or\n- (ii) disciplinary proceedings against persons;\n- (i) provide transparency about how it performs its corruption functions; or\n- (ii) assure the public and other authorities and entities that allegations of corruption are appropriately dealt with; or\n- (iii) continuously improve the integrity of, and reduce the incidence of corruption in, the public sector.","sortOrder":54},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Chief executive officer may issue direction about commission’s corruption function about complaints","content":"### sec.35A Chief executive officer may issue direction about commission’s corruption function about complaints\n\nThe chief executive officer may issue a direction about how commission officers are to decide whether a complaint involves, or may involve, a more serious case of corrupt conduct or a case of systemic corrupt conduct within a unit of public administration.\nIn issuing a direction under subsection (1) , the chief executive officer is subject to the direction and control of the chairperson.\nA commission officer must comply with a direction issued under subsection (1) .\ns 35A ins 2014 No. 21 s 15\namd 2016 No. 19 ss 11 , 45 (1)\n(sec.35A-ssec.1) The chief executive officer may issue a direction about how commission officers are to decide whether a complaint involves, or may involve, a more serious case of corrupt conduct or a case of systemic corrupt conduct within a unit of public administration.\n(sec.35A-ssec.2) In issuing a direction under subsection (1) , the chief executive officer is subject to the direction and control of the chairperson.\n(sec.35A-ssec.3) A commission officer must comply with a direction issued under subsection (1) .","sortOrder":55},{"sectionNumber":"sec.35B","sectionType":"section","heading":"Publication of information about how commission performs its corruption function about complaints","content":"### sec.35B Publication of information about how commission performs its corruption function about complaints\n\nThe chief executive officer must publish, on a publicly accessible website of the commission, information about the commission’s systems and procedures for dealing with complaints about corruption.\nThe information published on the website must include the following—\nthe standard timeframes adopted by the commission for assessing, investigating and completing its dealing with complaints about corruption;\nthe standard procedures adopted by the commission for assessing and investigating complaints about corruption;\nhow the commission monitors the progress of complaints about corruption being dealt with by the commission to ensure they are being dealt with in a timely way;\nwhat action the commission takes if the standard timeframes are not met for a complaint about corruption being dealt with by the commission to ensure the complaint is dealt with in a timely way.\ns 35B ins 2014 No. 21 s 15\namd 2016 No. 19 s 12\n(sec.35B-ssec.1) The chief executive officer must publish, on a publicly accessible website of the commission, information about the commission’s systems and procedures for dealing with complaints about corruption.\n(sec.35B-ssec.2) The information published on the website must include the following— the standard timeframes adopted by the commission for assessing, investigating and completing its dealing with complaints about corruption; the standard procedures adopted by the commission for assessing and investigating complaints about corruption; how the commission monitors the progress of complaints about corruption being dealt with by the commission to ensure they are being dealt with in a timely way; what action the commission takes if the standard timeframes are not met for a complaint about corruption being dealt with by the commission to ensure the complaint is dealt with in a timely way.\n- (a) the standard timeframes adopted by the commission for assessing, investigating and completing its dealing with complaints about corruption;\n- (b) the standard procedures adopted by the commission for assessing and investigating complaints about corruption;\n- (c) how the commission monitors the progress of complaints about corruption being dealt with by the commission to ensure they are being dealt with in a timely way;\n- (d) what action the commission takes if the standard timeframes are not met for a complaint about corruption being dealt with by the commission to ensure the complaint is dealt with in a timely way.","sortOrder":56},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"How to make a complaint","content":"## How to make a complaint","sortOrder":57},{"sectionNumber":"sec.36","sectionType":"section","heading":"Complaining about corruption","content":"### sec.36 Complaining about corruption\n\nA person may make a complaint about corruption to the commission for the purpose of the commission dealing with the complaint under section 35 .\nSubsection (1) does not limit to whom a person can complain about corruption.\nA person may complain directly to the commissioner of police about corruption.\nA person may complain directly to the chief executive of a government department about corruption happening within the department.\nA person may also give information or matter involving corruption to the commission.\ninformation given to the commission through a commission activity, including, for example—\nevidence given by a witness at a commission hearing\ninformation obtained through telephone interception or a covert operation\nevidence gathered through a corruption investigation\na routine departmental audit report\nan intelligence report from a law enforcement agency\na Crime Stoppers report\ninformation about a significant police event such as a death in police custody or police shooting\ninformation or matter referred to the commission by a coroner, a court, a commission of inquiry or another investigative body or public inquiry\ns 36 amd 2014 No. 21 s 16 ; 2016 No. 19 s 13\n(sec.36-ssec.1) A person may make a complaint about corruption to the commission for the purpose of the commission dealing with the complaint under section 35 .\n(sec.36-ssec.2) Subsection (1) does not limit to whom a person can complain about corruption. A person may complain directly to the commissioner of police about corruption. A person may complain directly to the chief executive of a government department about corruption happening within the department.\n(sec.36-ssec.3) A person may also give information or matter involving corruption to the commission. information given to the commission through a commission activity, including, for example— evidence given by a witness at a commission hearing information obtained through telephone interception or a covert operation evidence gathered through a corruption investigation a routine departmental audit report an intelligence report from a law enforcement agency a Crime Stoppers report information about a significant police event such as a death in police custody or police shooting information or matter referred to the commission by a coroner, a court, a commission of inquiry or another investigative body or public inquiry\n- 1 A person may complain directly to the commissioner of police about corruption.\n- 2 A person may complain directly to the chief executive of a government department about corruption happening within the department.\n- • information given to the commission through a commission activity, including, for example— • evidence given by a witness at a commission hearing • information obtained through telephone interception or a covert operation • evidence gathered through a corruption investigation • a routine departmental audit report • an intelligence report from a law enforcement agency • a Crime Stoppers report • information about a significant police event such as a death in police custody or police shooting • information or matter referred to the commission by a coroner, a court, a commission of inquiry or another investigative body or public inquiry\n- • evidence given by a witness at a commission hearing\n- • information obtained through telephone interception or a covert operation\n- • evidence gathered through a corruption investigation\n- • a routine departmental audit report\n- • an intelligence report from a law enforcement agency\n- • a Crime Stoppers report\n- • information about a significant police event such as a death in police custody or police shooting\n- • information or matter referred to the commission by a coroner, a court, a commission of inquiry or another investigative body or public inquiry\n- • evidence given by a witness at a commission hearing\n- • information obtained through telephone interception or a covert operation\n- • evidence gathered through a corruption investigation\n- • a routine departmental audit report\n- • an intelligence report from a law enforcement agency\n- • a Crime Stoppers report\n- • information about a significant police event such as a death in police custody or police shooting\n- • information or matter referred to the commission by a coroner, a court, a commission of inquiry or another investigative body or public inquiry","sortOrder":58},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Duty to notify","content":"## Duty to notify","sortOrder":59},{"sectionNumber":"sec.37","sectionType":"section","heading":"Duty to notify commission of police misconduct","content":"### sec.37 Duty to notify commission of police misconduct\n\nThis section applies if the commissioner of police reasonably suspects that a complaint, or information or matter (also a complaint ), involves police misconduct.\nThe commissioner of police must notify the commission of the complaint, subject to section 40 .\n(sec.37-ssec.1) This section applies if the commissioner of police reasonably suspects that a complaint, or information or matter (also a complaint ), involves police misconduct.\n(sec.37-ssec.2) The commissioner of police must notify the commission of the complaint, subject to section 40 .","sortOrder":60},{"sectionNumber":"sec.38","sectionType":"section","heading":"Duty to notify commission of corrupt conduct","content":"### sec.38 Duty to notify commission of corrupt conduct\n\nThis section applies if a public official reasonably suspects that a complaint, or information or matter (also a complaint ), involves, or may involve, corrupt conduct.\nThe public official must notify the commission of the complaint, subject to section 40 .\ns 38 amd 2014 No. 21 s 17\n(sec.38-ssec.1) This section applies if a public official reasonably suspects that a complaint, or information or matter (also a complaint ), involves, or may involve, corrupt conduct.\n(sec.38-ssec.2) The public official must notify the commission of the complaint, subject to section 40 .","sortOrder":61},{"sectionNumber":"sec.39","sectionType":"section","heading":"Duty to notify is paramount","content":"### sec.39 Duty to notify is paramount\n\nThe duty of a public official to notify the commission of a complaint under section 37 or 38 must be complied with despite—\nthe provisions of any other Act, other than the Police Service Administration Act 1990 , section 6A .1(3); or\nany obligation the person has to maintain confidentiality about a matter to which the complaint relates.\nSubsection (1) does not affect an obligation under another Act to notify corruption.\ns 39 amd 2014 No. 21 s 94 (1) sch 1 ; 2019 No. 32 s 32 sch 1\n(sec.39-ssec.1) The duty of a public official to notify the commission of a complaint under section 37 or 38 must be complied with despite— the provisions of any other Act, other than the Police Service Administration Act 1990 , section 6A .1(3); or any obligation the person has to maintain confidentiality about a matter to which the complaint relates.\n(sec.39-ssec.2) Subsection (1) does not affect an obligation under another Act to notify corruption.\n- (a) the provisions of any other Act, other than the Police Service Administration Act 1990 , section 6A .1(3); or\n- (b) any obligation the person has to maintain confidentiality about a matter to which the complaint relates.","sortOrder":62},{"sectionNumber":"sec.40","sectionType":"section","heading":"Commission may issue directions about notifications","content":"### sec.40 Commission may issue directions about notifications\n\nThe commission may issue directions about the following—\nthe kinds of complaints a public official must notify, or need not notify, the commission of under section 37 or 38 ;\nhow and when a public official must notify the commission of complaints under section 37 or 38 .\nBefore issuing a direction, the commission must consult with, and consider the views of—\nthe relevant public official; and\nif the direction relates to the chief executive officer of a public service entity under the Public Sector Act 2022 —the Public Sector Commission under that Act.\nIn particular, if a direction would require the commissioner of police to disclose information otherwise protected by the Police Powers and Responsibilities Act 2000 , section 266 or the Drugs Misuse Act 1986 , section 119 , the commission may issue the direction, but before doing so must have regard to the desirability of protecting confidentiality.\nA public official must comply with a direction given under subsection (1) .\nThe commission may use or disclose information mentioned in subsection (3) in the administration of this Act, but must maintain the confidentiality of the information to the greatest practicable extent.\ns 40 amd 2002 No. 35 s 13 sch ; 2005 No. 45 s 68 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 21 s 18 ; 2022 No. 34 s 365 sch 3\n(sec.40-ssec.1) The commission may issue directions about the following— the kinds of complaints a public official must notify, or need not notify, the commission of under section 37 or 38 ; how and when a public official must notify the commission of complaints under section 37 or 38 .\n(sec.40-ssec.2) Before issuing a direction, the commission must consult with, and consider the views of— the relevant public official; and if the direction relates to the chief executive officer of a public service entity under the Public Sector Act 2022 —the Public Sector Commission under that Act.\n(sec.40-ssec.3) In particular, if a direction would require the commissioner of police to disclose information otherwise protected by the Police Powers and Responsibilities Act 2000 , section 266 or the Drugs Misuse Act 1986 , section 119 , the commission may issue the direction, but before doing so must have regard to the desirability of protecting confidentiality.\n(sec.40-ssec.4) A public official must comply with a direction given under subsection (1) .\n(sec.40-ssec.5) The commission may use or disclose information mentioned in subsection (3) in the administration of this Act, but must maintain the confidentiality of the information to the greatest practicable extent.\n- (a) the kinds of complaints a public official must notify, or need not notify, the commission of under section 37 or 38 ;\n- (b) how and when a public official must notify the commission of complaints under section 37 or 38 .\n- (a) the relevant public official; and\n- (b) if the direction relates to the chief executive officer of a public service entity under the Public Sector Act 2022 —the Public Sector Commission under that Act.","sortOrder":63},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Record of alleged corrupt conduct not notified","content":"### sec.40A Record of alleged corrupt conduct not notified\n\nThis section applies if a public official decides that a complaint, or information or matter, about alleged corrupt conduct is not required to be notified to the commission under section 38 .\nThe public official must make a record of the decision.\nThe record must include—\nthe details of the complaint or information or matter; and\nthe evidence on which the public official relied in making the decision; and\nany other reasons for the decision.\nThe commission may ask a public official to give the commission access to a record made under this section in a stated way and by a stated time.\nA public official must comply with a request made of the official under subsection (4) .\ns 40A ins 2018 No. 29 s 9\n(sec.40A-ssec.1) This section applies if a public official decides that a complaint, or information or matter, about alleged corrupt conduct is not required to be notified to the commission under section 38 .\n(sec.40A-ssec.2) The public official must make a record of the decision.\n(sec.40A-ssec.3) The record must include— the details of the complaint or information or matter; and the evidence on which the public official relied in making the decision; and any other reasons for the decision.\n(sec.40A-ssec.4) The commission may ask a public official to give the commission access to a record made under this section in a stated way and by a stated time.\n(sec.40A-ssec.5) A public official must comply with a request made of the official under subsection (4) .\n- (a) the details of the complaint or information or matter; and\n- (b) the evidence on which the public official relied in making the decision; and\n- (c) any other reasons for the decision.","sortOrder":64},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Dealing with complaints and other matters","content":"## Dealing with complaints and other matters","sortOrder":65},{"sectionNumber":"sec.41","sectionType":"section","heading":"Responsibility of commissioner of police","content":"### sec.41 Responsibility of commissioner of police\n\nThe commissioner of police has primary responsibility for dealing with complaints about, or information or matter the commissioner of police reasonably suspects involves, police misconduct.\nThe commissioner of police also has a responsibility to deal with a complaint about, or information or matter involving, corrupt conduct that is referred to the commissioner of police by the commission.\ns 41 amd 2014 No. 21 s 94 (1) sch 1\n(sec.41-ssec.1) The commissioner of police has primary responsibility for dealing with complaints about, or information or matter the commissioner of police reasonably suspects involves, police misconduct.\n(sec.41-ssec.2) The commissioner of police also has a responsibility to deal with a complaint about, or information or matter involving, corrupt conduct that is referred to the commissioner of police by the commission.","sortOrder":66},{"sectionNumber":"sec.42","sectionType":"section","heading":"Dealing with complaints—commissioner of police","content":"### sec.42 Dealing with complaints—commissioner of police\n\nThe commissioner of police must expeditiously assess complaints, or information or matter (also a complaint ) made or notified to, or otherwise coming to the attention of, the commissioner of police.\nThe commissioner of police must deal with a complaint about police misconduct in the way the commissioner of police considers most appropriate, subject to the commission’s monitoring role.\nIf the commissioner of police is satisfied that—\na complaint—\nis frivolous or vexatious; or\nlacks substance or credibility; or\ndealing with the complaint would be an unjustifiable use of resources;\nthe commissioner of police may take no action or discontinue action taken to deal with the complaint.\nThe commissioner of police may, in an appropriate case, ask the commission to deal with a complaint about police misconduct or to deal with the complaint in cooperation with the commissioner of police.\nIf the commission refers a complaint about corrupt conduct to the commissioner of police to be dealt with, the commissioner of police must deal with the complaint in the way the commissioner of police considers most appropriate, subject to the commission’s monitoring role.\nWithout limiting how the commissioner of police may deal with a complaint about corrupt conduct, the commissioner of police may ask the commission to deal with the complaint in cooperation with the commissioner of police.\nIf a person makes a complaint that is dealt with by the commissioner of police, the commissioner of police must give the person a response stating—\nif no action is taken on the complaint by the commissioner of police or action to deal with the complaint is discontinued by the commissioner of police—the reason for not taking action or discontinuing the action; or\nif action is taken on the complaint by the commissioner of police—\nthe action taken; and\nthe reason the commissioner of police considers the action to be appropriate in the circumstances; and\nany results of the action that are known at the time of the response.\nHowever, the commissioner of police is not required to give a response to the person—\nif the person has not given the person’s name and address or does not require a response; or\nif the response would disclose information the disclosure of which would be contrary to the public interest.\ns 42 amd 2014 No. 21 s 94 (1) sch 1 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.42-ssec.1) The commissioner of police must expeditiously assess complaints, or information or matter (also a complaint ) made or notified to, or otherwise coming to the attention of, the commissioner of police.\n(sec.42-ssec.2) The commissioner of police must deal with a complaint about police misconduct in the way the commissioner of police considers most appropriate, subject to the commission’s monitoring role.\n(sec.42-ssec.3) If the commissioner of police is satisfied that— a complaint— is frivolous or vexatious; or lacks substance or credibility; or dealing with the complaint would be an unjustifiable use of resources; the commissioner of police may take no action or discontinue action taken to deal with the complaint.\n(sec.42-ssec.4) The commissioner of police may, in an appropriate case, ask the commission to deal with a complaint about police misconduct or to deal with the complaint in cooperation with the commissioner of police.\n(sec.42-ssec.5) If the commission refers a complaint about corrupt conduct to the commissioner of police to be dealt with, the commissioner of police must deal with the complaint in the way the commissioner of police considers most appropriate, subject to the commission’s monitoring role.\n(sec.42-ssec.6) Without limiting how the commissioner of police may deal with a complaint about corrupt conduct, the commissioner of police may ask the commission to deal with the complaint in cooperation with the commissioner of police.\n(sec.42-ssec.7) If a person makes a complaint that is dealt with by the commissioner of police, the commissioner of police must give the person a response stating— if no action is taken on the complaint by the commissioner of police or action to deal with the complaint is discontinued by the commissioner of police—the reason for not taking action or discontinuing the action; or if action is taken on the complaint by the commissioner of police— the action taken; and the reason the commissioner of police considers the action to be appropriate in the circumstances; and any results of the action that are known at the time of the response.\n(sec.42-ssec.8) However, the commissioner of police is not required to give a response to the person— if the person has not given the person’s name and address or does not require a response; or if the response would disclose information the disclosure of which would be contrary to the public interest.\n- (a) a complaint— (i) is frivolous or vexatious; or (ii) lacks substance or credibility; or\n- (i) is frivolous or vexatious; or\n- (ii) lacks substance or credibility; or\n- (b) dealing with the complaint would be an unjustifiable use of resources;\n- (i) is frivolous or vexatious; or\n- (ii) lacks substance or credibility; or\n- (a) if no action is taken on the complaint by the commissioner of police or action to deal with the complaint is discontinued by the commissioner of police—the reason for not taking action or discontinuing the action; or\n- (b) if action is taken on the complaint by the commissioner of police— (i) the action taken; and (ii) the reason the commissioner of police considers the action to be appropriate in the circumstances; and (iii) any results of the action that are known at the time of the response.\n- (i) the action taken; and\n- (ii) the reason the commissioner of police considers the action to be appropriate in the circumstances; and\n- (iii) any results of the action that are known at the time of the response.\n- (i) the action taken; and\n- (ii) the reason the commissioner of police considers the action to be appropriate in the circumstances; and\n- (iii) any results of the action that are known at the time of the response.\n- (a) if the person has not given the person’s name and address or does not require a response; or\n- (b) if the response would disclose information the disclosure of which would be contrary to the public interest.","sortOrder":67},{"sectionNumber":"sec.43","sectionType":"section","heading":"Responsibility of public officials, other than the commissioner of police","content":"### sec.43 Responsibility of public officials, other than the commissioner of police\n\nA public official, other than the commissioner of police, has a responsibility to deal with a complaint about, or information or matter involving, corrupt conduct that is referred to it by the commission.\ns 43 amd 2014 No. 21 s 94 (1) sch 1","sortOrder":68},{"sectionNumber":"sec.44","sectionType":"section","heading":"Dealing with complaints—public officials other than the commissioner of police","content":"### sec.44 Dealing with complaints—public officials other than the commissioner of police\n\nThis section does not apply to the police service.\nA public official must deal with a complaint about, or information or matter (also a complaint ) involving, corrupt conduct in the way the public official considers most appropriate, subject to the commission’s monitoring role.\nIf the public official is satisfied that—\na complaint—\nis frivolous or vexatious; or\nlacks substance or credibility; or\ndealing with the complaint would be an unjustifiable use of resources;\nthe public official may take no action or discontinue action taken to deal with the complaint.\nA public official may, in an appropriate case, ask the commission to deal with a complaint in cooperation with the public official.\nIf a person makes a complaint that is dealt with by the public official, the public official must give the person a response stating—\nif no action is taken on the complaint by the public official or action to deal with the complaint is discontinued by the public official—the reason for not taking action or discontinuing the action; or\nif action is taken on the complaint by the public official—\nthe action taken; and\nthe reason the public official considers the action to be appropriate in the circumstances; and\nany results of the action that are known at the time of the response.\nHowever, the public official is not required to give a response to the person—\nif the person has not given the person’s name and address or does not require a response; or\nif the response would disclose information the disclosure of which would be contrary to the public interest.\ns 44 amd 2002 No. 68 s 283 sch 3 ; 2014 No. 21 s 94 (1) sch 1 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.44-ssec.1) This section does not apply to the police service.\n(sec.44-ssec.2) A public official must deal with a complaint about, or information or matter (also a complaint ) involving, corrupt conduct in the way the public official considers most appropriate, subject to the commission’s monitoring role.\n(sec.44-ssec.3) If the public official is satisfied that— a complaint— is frivolous or vexatious; or lacks substance or credibility; or dealing with the complaint would be an unjustifiable use of resources; the public official may take no action or discontinue action taken to deal with the complaint.\n(sec.44-ssec.4) A public official may, in an appropriate case, ask the commission to deal with a complaint in cooperation with the public official.\n(sec.44-ssec.5) If a person makes a complaint that is dealt with by the public official, the public official must give the person a response stating— if no action is taken on the complaint by the public official or action to deal with the complaint is discontinued by the public official—the reason for not taking action or discontinuing the action; or if action is taken on the complaint by the public official— the action taken; and the reason the public official considers the action to be appropriate in the circumstances; and any results of the action that are known at the time of the response.\n(sec.44-ssec.6) However, the public official is not required to give a response to the person— if the person has not given the person’s name and address or does not require a response; or if the response would disclose information the disclosure of which would be contrary to the public interest.\n- (a) a complaint— (i) is frivolous or vexatious; or (ii) lacks substance or credibility; or\n- (i) is frivolous or vexatious; or\n- (ii) lacks substance or credibility; or\n- (b) dealing with the complaint would be an unjustifiable use of resources;\n- (i) is frivolous or vexatious; or\n- (ii) lacks substance or credibility; or\n- (a) if no action is taken on the complaint by the public official or action to deal with the complaint is discontinued by the public official—the reason for not taking action or discontinuing the action; or\n- (b) if action is taken on the complaint by the public official— (i) the action taken; and (ii) the reason the public official considers the action to be appropriate in the circumstances; and (iii) any results of the action that are known at the time of the response.\n- (i) the action taken; and\n- (ii) the reason the public official considers the action to be appropriate in the circumstances; and\n- (iii) any results of the action that are known at the time of the response.\n- (i) the action taken; and\n- (ii) the reason the public official considers the action to be appropriate in the circumstances; and\n- (iii) any results of the action that are known at the time of the response.\n- (a) if the person has not given the person’s name and address or does not require a response; or\n- (b) if the response would disclose information the disclosure of which would be contrary to the public interest.","sortOrder":69},{"sectionNumber":"sec.45","sectionType":"section","heading":"Responsibility of commission","content":"### sec.45 Responsibility of commission\n\nThe commission has primary responsibility for dealing with complaints about, or information or matter involving, corrupt conduct.\nThe commission is responsible for monitoring how the commissioner of police deals with police misconduct.\ns 45 amd 2014 No. 21 s 94 (1) sch 1\n(sec.45-ssec.1) The commission has primary responsibility for dealing with complaints about, or information or matter involving, corrupt conduct.\n(sec.45-ssec.2) The commission is responsible for monitoring how the commissioner of police deals with police misconduct.","sortOrder":70},{"sectionNumber":"sec.46","sectionType":"section","heading":"Dealing with complaints—commission","content":"### sec.46 Dealing with complaints—commission\n\nThe commission deals with a complaint about, or information or matter (also a complaint ) involving, corruption by—\nexpeditiously assessing each complaint about corruption made or notified to it, or otherwise coming to its attention; and\ntaking the action the commission considers most appropriate in the circumstances having regard to the principles set out in section 34 .\nThe commission may take the following action—\ndeal with each complaint about corrupt conduct that it considers should not be referred to a public official to be dealt with;\nrefer a complaint about corrupt conduct to a public official to be dealt with by the public official or in cooperation with the commission, subject to the commission’s monitoring role;\nwithout limiting paragraph (b) , refer a complaint about corrupt conduct of a person holding an appointment in a unit of public administration that may involve criminal activity to the commissioner of police to be dealt with;\nif it is a complaint about police misconduct notified to the commission by the commissioner of police—allow the commissioner of police to continue to deal with the complaint, subject to the commission’s monitoring role;\nif it is a complaint about police misconduct made to the commission by someone other than the commissioner of police—give the complaint to the commissioner of police to be dealt with, subject to the commission’s monitoring role;\nif a public official asks the commission to deal with a complaint or to deal with a complaint in cooperation with the public official—\ndeal with the complaint; or\ndeal with the complaint in cooperation with the public official; or\nadvise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission’s monitoring role;\nif the commission is satisfied that—\nthe complaint—\nis frivolous or vexatious; or\nlacks substance or credibility; or\nis not made in good faith; or\nis made primarily for a mischievous purpose; or\nis made recklessly or maliciously; or\ndealing with the complaint—\nwould not be in the public interest; or\nwould be an unjustifiable use of resources; or\nthe subject matter of the complaint—\nis not within the commission’s functions; or\nhas been dealt with by another entity;\ntake no action or discontinue action.\nFor taking action, or action taken, under subsection (2) for a complaint, the commission may require a public official to provide stated information about the complaint in the way and at the times the commission directs.\nA public official must comply with a requirement made under subsection (3) .\nIf a person makes a complaint that is dealt with by the commission, the commission must give the person a response stating—\nif no action is taken by the commission on the complaint or action to deal with the complaint is discontinued by the commission—the reason for not taking action or discontinuing the action; or\nif action is taken on the complaint by the commission—\nthe action taken; and\nthe reason the commission considers the action to be appropriate in the circumstances; and\nany results of the action that are known at the time of the response.\nSee section 48B in relation to limitations on the commission’s findings, recommendations and statements.\nHowever, the commission is not required to give a response—\nto the person if—\nthe person has not given the person’s name and address or does not require a response; or\nthe commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or\nthat discloses information the disclosure of which would be contrary to the public interest.\nNothing in this part limits the commission from providing information about the conduct of a person to a public official for use in the proper performance of the public official’s functions.\ns 46 amd 2002 No. 68 s 283 sch 3 ; 2014 No. 21 s 19 ; 2024 No. 24 s 57 s ch 1 pt 2 ; 2025 No. 7 s 5\n(sec.46-ssec.1) The commission deals with a complaint about, or information or matter (also a complaint ) involving, corruption by— expeditiously assessing each complaint about corruption made or notified to it, or otherwise coming to its attention; and taking the action the commission considers most appropriate in the circumstances having regard to the principles set out in section 34 .\n(sec.46-ssec.2) The commission may take the following action— deal with each complaint about corrupt conduct that it considers should not be referred to a public official to be dealt with; refer a complaint about corrupt conduct to a public official to be dealt with by the public official or in cooperation with the commission, subject to the commission’s monitoring role; without limiting paragraph (b) , refer a complaint about corrupt conduct of a person holding an appointment in a unit of public administration that may involve criminal activity to the commissioner of police to be dealt with; if it is a complaint about police misconduct notified to the commission by the commissioner of police—allow the commissioner of police to continue to deal with the complaint, subject to the commission’s monitoring role; if it is a complaint about police misconduct made to the commission by someone other than the commissioner of police—give the complaint to the commissioner of police to be dealt with, subject to the commission’s monitoring role; if a public official asks the commission to deal with a complaint or to deal with a complaint in cooperation with the public official— deal with the complaint; or deal with the complaint in cooperation with the public official; or advise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission’s monitoring role; if the commission is satisfied that— the complaint— is frivolous or vexatious; or lacks substance or credibility; or is not made in good faith; or is made primarily for a mischievous purpose; or is made recklessly or maliciously; or dealing with the complaint— would not be in the public interest; or would be an unjustifiable use of resources; or the subject matter of the complaint— is not within the commission’s functions; or has been dealt with by another entity; take no action or discontinue action.\n(sec.46-ssec.3) For taking action, or action taken, under subsection (2) for a complaint, the commission may require a public official to provide stated information about the complaint in the way and at the times the commission directs.\n(sec.46-ssec.4) A public official must comply with a requirement made under subsection (3) .\n(sec.46-ssec.5) If a person makes a complaint that is dealt with by the commission, the commission must give the person a response stating— if no action is taken by the commission on the complaint or action to deal with the complaint is discontinued by the commission—the reason for not taking action or discontinuing the action; or if action is taken on the complaint by the commission— the action taken; and the reason the commission considers the action to be appropriate in the circumstances; and any results of the action that are known at the time of the response. See section 48B in relation to limitations on the commission’s findings, recommendations and statements.\n(sec.46-ssec.6) However, the commission is not required to give a response— to the person if— the person has not given the person’s name and address or does not require a response; or the commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or that discloses information the disclosure of which would be contrary to the public interest.\n(sec.46-ssec.7) Nothing in this part limits the commission from providing information about the conduct of a person to a public official for use in the proper performance of the public official’s functions.\n- (a) expeditiously assessing each complaint about corruption made or notified to it, or otherwise coming to its attention; and\n- (b) taking the action the commission considers most appropriate in the circumstances having regard to the principles set out in section 34 .\n- (a) deal with each complaint about corrupt conduct that it considers should not be referred to a public official to be dealt with;\n- (b) refer a complaint about corrupt conduct to a public official to be dealt with by the public official or in cooperation with the commission, subject to the commission’s monitoring role;\n- (c) without limiting paragraph (b) , refer a complaint about corrupt conduct of a person holding an appointment in a unit of public administration that may involve criminal activity to the commissioner of police to be dealt with;\n- (d) if it is a complaint about police misconduct notified to the commission by the commissioner of police—allow the commissioner of police to continue to deal with the complaint, subject to the commission’s monitoring role;\n- (e) if it is a complaint about police misconduct made to the commission by someone other than the commissioner of police—give the complaint to the commissioner of police to be dealt with, subject to the commission’s monitoring role;\n- (f) if a public official asks the commission to deal with a complaint or to deal with a complaint in cooperation with the public official— (i) deal with the complaint; or (ii) deal with the complaint in cooperation with the public official; or (iii) advise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission’s monitoring role;\n- (i) deal with the complaint; or\n- (ii) deal with the complaint in cooperation with the public official; or\n- (iii) advise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission’s monitoring role;\n- (g) if the commission is satisfied that— (i) the complaint— (A) is frivolous or vexatious; or (B) lacks substance or credibility; or (C) is not made in good faith; or (D) is made primarily for a mischievous purpose; or (E) is made recklessly or maliciously; or (ii) dealing with the complaint— (A) would not be in the public interest; or (B) would be an unjustifiable use of resources; or (iii) the subject matter of the complaint— (A) is not within the commission’s functions; or (B) has been dealt with by another entity; take no action or discontinue action.\n- (i) the complaint— (A) is frivolous or vexatious; or (B) lacks substance or credibility; or (C) is not made in good faith; or (D) is made primarily for a mischievous purpose; or (E) is made recklessly or maliciously; or\n- (A) is frivolous or vexatious; or\n- (B) lacks substance or credibility; or\n- (C) is not made in good faith; or\n- (D) is made primarily for a mischievous purpose; or\n- (E) is made recklessly or maliciously; or\n- (ii) dealing with the complaint— (A) would not be in the public interest; or (B) would be an unjustifiable use of resources; or\n- (A) would not be in the public interest; or\n- (B) would be an unjustifiable use of resources; or\n- (iii) the subject matter of the complaint— (A) is not within the commission’s functions; or (B) has been dealt with by another entity;\n- (A) is not within the commission’s functions; or\n- (B) has been dealt with by another entity;\n- (i) deal with the complaint; or\n- (ii) deal with the complaint in cooperation with the public official; or\n- (iii) advise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission’s monitoring role;\n- (i) the complaint— (A) is frivolous or vexatious; or (B) lacks substance or credibility; or (C) is not made in good faith; or (D) is made primarily for a mischievous purpose; or (E) is made recklessly or maliciously; or\n- (A) is frivolous or vexatious; or\n- (B) lacks substance or credibility; or\n- (C) is not made in good faith; or\n- (D) is made primarily for a mischievous purpose; or\n- (E) is made recklessly or maliciously; or\n- (ii) dealing with the complaint— (A) would not be in the public interest; or (B) would be an unjustifiable use of resources; or\n- (A) would not be in the public interest; or\n- (B) would be an unjustifiable use of resources; or\n- (iii) the subject matter of the complaint— (A) is not within the commission’s functions; or (B) has been dealt with by another entity;\n- (A) is not within the commission’s functions; or\n- (B) has been dealt with by another entity;\n- (A) is frivolous or vexatious; or\n- (B) lacks substance or credibility; or\n- (C) is not made in good faith; or\n- (D) is made primarily for a mischievous purpose; or\n- (E) is made recklessly or maliciously; or\n- (A) would not be in the public interest; or\n- (B) would be an unjustifiable use of resources; or\n- (A) is not within the commission’s functions; or\n- (B) has been dealt with by another entity;\n- (a) if no action is taken by the commission on the complaint or action to deal with the complaint is discontinued by the commission—the reason for not taking action or discontinuing the action; or\n- (b) if action is taken on the complaint by the commission— (i) the action taken; and (ii) the reason the commission considers the action to be appropriate in the circumstances; and (iii) any results of the action that are known at the time of the response.\n- (i) the action taken; and\n- (ii) the reason the commission considers the action to be appropriate in the circumstances; and\n- (iii) any results of the action that are known at the time of the response.\n- (i) the action taken; and\n- (ii) the reason the commission considers the action to be appropriate in the circumstances; and\n- (iii) any results of the action that are known at the time of the response.\n- (a) to the person if— (i) the person has not given the person’s name and address or does not require a response; or (ii) the commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or\n- (i) the person has not given the person’s name and address or does not require a response; or\n- (ii) the commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or\n- (b) that discloses information the disclosure of which would be contrary to the public interest.\n- (i) the person has not given the person’s name and address or does not require a response; or\n- (ii) the commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or","sortOrder":71},{"sectionNumber":"sec.46A","sectionType":"section","heading":"Dealing with matters mentioned in s 33 (2)","content":"### sec.46A Dealing with matters mentioned in s 33 (2)\n\nThis section applies to a matter mentioned in section 33 (2) .\nThe commission deals with the matter by—\nassessing the matter; and\nif the commission considers it appropriate, investigating the matter; and\ntaking the action the commission considers most appropriate in the circumstances having regard to the public interest principle set out in section 34 (d) .\nFor dealing with the matter, the commission may require a public official to provide stated information about the matter in the way and at the times the commission directs.\nA public official must comply with a requirement made under subsection (3) .\ns 46A ins 2018 No. 29 s 11\n(sec.46A-ssec.1) This section applies to a matter mentioned in section 33 (2) .\n(sec.46A-ssec.2) The commission deals with the matter by— assessing the matter; and if the commission considers it appropriate, investigating the matter; and taking the action the commission considers most appropriate in the circumstances having regard to the public interest principle set out in section 34 (d) .\n(sec.46A-ssec.3) For dealing with the matter, the commission may require a public official to provide stated information about the matter in the way and at the times the commission directs.\n(sec.46A-ssec.4) A public official must comply with a requirement made under subsection (3) .\n- (a) assessing the matter; and\n- (b) if the commission considers it appropriate, investigating the matter; and\n- (c) taking the action the commission considers most appropriate in the circumstances having regard to the public interest principle set out in section 34 (d) .","sortOrder":72},{"sectionNumber":"sec.47","sectionType":"section","heading":"Commission’s monitoring role for police misconduct","content":"### sec.47 Commission’s monitoring role for police misconduct\n\nThe commission may, having regard to the principles stated in section 34 —\nissue advisory guidelines for the conduct of investigations by the commissioner of police into police misconduct; or\nreview or audit the way the commissioner of police has dealt with police misconduct, in relation to either a particular complaint or a class of complaint; or\nassume responsibility for and complete an investigation by the commissioner of police into police misconduct.\nThe commissioner of police must give the commission reasonable help to undertake a review or audit or to assume responsibility for an investigation.\nIf the commission assumes responsibility for an investigation, the commissioner of police must stop the commissioner’s investigation or any other action that may impede the investigation if directed to do so by the commission.\nIn this section—\ncomplaint , about police misconduct, includes information or matter involving police misconduct.\ns 47 amd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.47-ssec.1) The commission may, having regard to the principles stated in section 34 — issue advisory guidelines for the conduct of investigations by the commissioner of police into police misconduct; or review or audit the way the commissioner of police has dealt with police misconduct, in relation to either a particular complaint or a class of complaint; or assume responsibility for and complete an investigation by the commissioner of police into police misconduct.\n(sec.47-ssec.2) The commissioner of police must give the commission reasonable help to undertake a review or audit or to assume responsibility for an investigation.\n(sec.47-ssec.3) If the commission assumes responsibility for an investigation, the commissioner of police must stop the commissioner’s investigation or any other action that may impede the investigation if directed to do so by the commission.\n(sec.47-ssec.4) In this section— complaint , about police misconduct, includes information or matter involving police misconduct.\n- (a) issue advisory guidelines for the conduct of investigations by the commissioner of police into police misconduct; or\n- (b) review or audit the way the commissioner of police has dealt with police misconduct, in relation to either a particular complaint or a class of complaint; or\n- (c) assume responsibility for and complete an investigation by the commissioner of police into police misconduct.","sortOrder":73},{"sectionNumber":"sec.48","sectionType":"section","heading":"Commission’s monitoring role for corrupt conduct","content":"### sec.48 Commission’s monitoring role for corrupt conduct\n\nThe commission may, having regard to the principles stated in section 34 —\nissue advisory guidelines for the conduct of investigations by public officials into corrupt conduct; or\nreview or audit the way a public official has dealt with corrupt conduct, in relation to either a particular complaint or a class of complaint; or\nrequire a public official—\nto report to the commission about an investigation into corrupt conduct in the way and at the times the commission directs; or\nto undertake the further investigation into the corrupt conduct that the commission directs; or\nassume responsibility for and complete an investigation by a public official into corrupt conduct.\nThe public official must—\ngive the commission reasonable help to undertake a review or audit or to assume responsibility for an investigation; and\ncomply with a requirement made under subsection (1) (c) .\nIf the commission assumes responsibility for an investigation, the public official must stop the official’s investigation or any other action that may impede the investigation if directed to do so by the commission.\nIn this section—\ncomplaint , about corrupt conduct, includes information or matter involving corrupt conduct.\ns 48 amd 2014 No. 21 s 94 (1) sch 1 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.48-ssec.1) The commission may, having regard to the principles stated in section 34 — issue advisory guidelines for the conduct of investigations by public officials into corrupt conduct; or review or audit the way a public official has dealt with corrupt conduct, in relation to either a particular complaint or a class of complaint; or require a public official— to report to the commission about an investigation into corrupt conduct in the way and at the times the commission directs; or to undertake the further investigation into the corrupt conduct that the commission directs; or assume responsibility for and complete an investigation by a public official into corrupt conduct.\n(sec.48-ssec.2) The public official must— give the commission reasonable help to undertake a review or audit or to assume responsibility for an investigation; and comply with a requirement made under subsection (1) (c) .\n(sec.48-ssec.3) If the commission assumes responsibility for an investigation, the public official must stop the official’s investigation or any other action that may impede the investigation if directed to do so by the commission.\n(sec.48-ssec.4) In this section— complaint , about corrupt conduct, includes information or matter involving corrupt conduct.\n- (a) issue advisory guidelines for the conduct of investigations by public officials into corrupt conduct; or\n- (b) review or audit the way a public official has dealt with corrupt conduct, in relation to either a particular complaint or a class of complaint; or\n- (c) require a public official— (i) to report to the commission about an investigation into corrupt conduct in the way and at the times the commission directs; or (ii) to undertake the further investigation into the corrupt conduct that the commission directs; or\n- (i) to report to the commission about an investigation into corrupt conduct in the way and at the times the commission directs; or\n- (ii) to undertake the further investigation into the corrupt conduct that the commission directs; or\n- (d) assume responsibility for and complete an investigation by a public official into corrupt conduct.\n- (i) to report to the commission about an investigation into corrupt conduct in the way and at the times the commission directs; or\n- (ii) to undertake the further investigation into the corrupt conduct that the commission directs; or\n- (a) give the commission reasonable help to undertake a review or audit or to assume responsibility for an investigation; and\n- (b) comply with a requirement made under subsection (1) (c) .","sortOrder":74},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Policy about how complaints involving public official are to be dealt with","content":"### sec.48A Policy about how complaints involving public official are to be dealt with\n\nA public official must, in consultation with the chairperson, prepare a policy about how the unit of public administration for which the official is responsible will deal with a complaint that involves or may involve corruption of the public official.\nThe policy may nominate a person other than the public official to notify the commission of the complaint under section 37 or 38 , and to deal with the complaint under subdivision 1 or 2 , on behalf of the public official.\nIf the policy includes a nomination as mentioned in subsection (2) , this Act applies as if a reference about notifying or dealing with the complaint to the public official were a reference to the nominated person.\nIf a policy prepared under this section for a unit of public administration includes a nomination as mentioned in subsection (2) —\nunder section 38 as applying under subsection (3) , the nominated person must notify the commission of complaints about the relevant public official that the person suspects involve or may involve corrupt conduct; and\nunder section 35 (1) (b) as applying under subsection (3) , the commission may refer complaints about the relevant public official to the nominated person for the nominated person to deal with; and\nunder section 42 or 44 as applying under subsection (3) , the nominated person must deal with complaints about the relevant public official referred to the nominated person by the commission.\nIn this section—\ncomplaint includes information or matter.\ns 48A ins 2014 No. 21 s 20\namd 2016 No. 19 s 45 (1)\n(sec.48A-ssec.1) A public official must, in consultation with the chairperson, prepare a policy about how the unit of public administration for which the official is responsible will deal with a complaint that involves or may involve corruption of the public official.\n(sec.48A-ssec.2) The policy may nominate a person other than the public official to notify the commission of the complaint under section 37 or 38 , and to deal with the complaint under subdivision 1 or 2 , on behalf of the public official.\n(sec.48A-ssec.3) If the policy includes a nomination as mentioned in subsection (2) , this Act applies as if a reference about notifying or dealing with the complaint to the public official were a reference to the nominated person. If a policy prepared under this section for a unit of public administration includes a nomination as mentioned in subsection (2) — under section 38 as applying under subsection (3) , the nominated person must notify the commission of complaints about the relevant public official that the person suspects involve or may involve corrupt conduct; and under section 35 (1) (b) as applying under subsection (3) , the commission may refer complaints about the relevant public official to the nominated person for the nominated person to deal with; and under section 42 or 44 as applying under subsection (3) , the nominated person must deal with complaints about the relevant public official referred to the nominated person by the commission.\n(sec.48A-ssec.4) In this section— complaint includes information or matter.\n- (a) under section 38 as applying under subsection (3) , the nominated person must notify the commission of complaints about the relevant public official that the person suspects involve or may involve corrupt conduct; and\n- (b) under section 35 (1) (b) as applying under subsection (3) , the commission may refer complaints about the relevant public official to the nominated person for the nominated person to deal with; and\n- (c) under section 42 or 44 as applying under subsection (3) , the nominated person must deal with complaints about the relevant public official referred to the nominated person by the commission.","sortOrder":75},{"sectionNumber":"sec.48B","sectionType":"section","heading":"Limitation on commission’s findings, recommendations and statements","content":"### sec.48B Limitation on commission’s findings, recommendations and statements\n\nDespite any other law, including sections 46 , 64 , 64A and 65A , the commission must not—\nmake any finding or statement that a person has or has not engaged in, or is or is not engaging in or about to engage in, corruption; or\nmake any finding, recommendation or statement that—\na person should be prosecuted for a criminal offence or be the subject of disciplinary action; or\nprosecution proceedings or disciplinary action should be considered in relation to a person; or\nmake any finding or statement that there is evidence, or insufficient evidence, supporting the start of a proceeding against a person.\nHowever, subsection (1) (b) (ii) and (c) does not apply in relation to—\na report under division 5 or a proceeding relating to the report; or\nany information or document that the commission is required to provide to the parliamentary committee or parliamentary commissioner.\nTo remove any doubt, it is declared that subsection (1) does not prevent the commission making a factual statement—\nabout a matter or thing that is already in the public domain; or\nto indicate that the commission has reported on a corruption investigation under division 5 .\ns 48B ins 2025 No. 7 s 7\n(sec.48B-ssec.1) Despite any other law, including sections 46 , 64 , 64A and 65A , the commission must not— make any finding or statement that a person has or has not engaged in, or is or is not engaging in or about to engage in, corruption; or make any finding, recommendation or statement that— a person should be prosecuted for a criminal offence or be the subject of disciplinary action; or prosecution proceedings or disciplinary action should be considered in relation to a person; or make any finding or statement that there is evidence, or insufficient evidence, supporting the start of a proceeding against a person.\n(sec.48B-ssec.2) However, subsection (1) (b) (ii) and (c) does not apply in relation to— a report under division 5 or a proceeding relating to the report; or any information or document that the commission is required to provide to the parliamentary committee or parliamentary commissioner.\n(sec.48B-ssec.3) To remove any doubt, it is declared that subsection (1) does not prevent the commission making a factual statement— about a matter or thing that is already in the public domain; or to indicate that the commission has reported on a corruption investigation under division 5 .\n- (a) make any finding or statement that a person has or has not engaged in, or is or is not engaging in or about to engage in, corruption; or\n- (b) make any finding, recommendation or statement that— (i) a person should be prosecuted for a criminal offence or be the subject of disciplinary action; or (ii) prosecution proceedings or disciplinary action should be considered in relation to a person; or\n- (i) a person should be prosecuted for a criminal offence or be the subject of disciplinary action; or\n- (ii) prosecution proceedings or disciplinary action should be considered in relation to a person; or\n- (c) make any finding or statement that there is evidence, or insufficient evidence, supporting the start of a proceeding against a person.\n- (i) a person should be prosecuted for a criminal offence or be the subject of disciplinary action; or\n- (ii) prosecution proceedings or disciplinary action should be considered in relation to a person; or\n- (a) a report under division 5 or a proceeding relating to the report; or\n- (b) any information or document that the commission is required to provide to the parliamentary committee or parliamentary commissioner.\n- (a) about a matter or thing that is already in the public domain; or\n- (b) to indicate that the commission has reported on a corruption investigation under division 5 .","sortOrder":76},{"sectionNumber":"ch.2-pt.3-div.5","sectionType":"division","heading":"Action following investigation","content":"## Action following investigation","sortOrder":77},{"sectionNumber":"sec.49","sectionType":"section","heading":"Reports about complaints dealt with by the commission","content":"### sec.49 Reports about complaints dealt with by the commission\n\nThis section applies if the commission investigates (either by itself or in cooperation with a public official), or assumes responsibility for the investigation of, a complaint about, or information or matter involving, corruption and decides that prosecution proceedings or disciplinary action should be considered.\nThe commission may report on the investigation to any of the following as appropriate—\na prosecuting authority, for the purpose of any prosecution proceedings;\nSection 49B applies if the commission intends reporting to a prosecuting authority in relation to a corruption offence arising from a corruption investigation.\nthe Chief Justice, if the report relates to conduct of a judge of, or other person holding judicial office in, the Supreme Court;\nthe Chief Judge of the District Court, if the report relates to conduct of a District Court judge;\nthe President of the Childrens Court, if the report relates to conduct of a person holding judicial office in the Childrens Court;\nthe Chief Magistrate, if the report relates to conduct of a magistrate;\nthe chief executive officer of a relevant unit of public administration, for the purpose of taking disciplinary action, if the report does not relate to the conduct of a judge, magistrate or other holder of judicial office.\nIf the commission decides that prosecution proceedings for an offence under the Criminal Code , section 57 should be considered, the commission must report on the investigation to the Attorney-General.\nA report made under subsection (2) or (3) must contain, or be accompanied by, all relevant information known to the commission that—\nsupports a charge that may be brought against any person as a result of the report; or\nsupports a defence that may be available to any person liable to be charged as a result of the report; or\nsupports the start of a proceeding under section 219F , 219FA or 219G against any person as a result of the report; or\nsupports a defence that may be available to any person subject to a proceeding under section 219F , 219FA or 219G as a result of the report.\nAlso, if the director of public prosecutions has given the commission written advice under section 49B in relation to an investigation, a report made under subsection (2) (a) or (3) about the investigation must be accompanied by the advice.\nIn this section—\nprosecuting authority —\nincludes a police officer seconded to the commission under section 255 ; but\ndoes not include the director of public prosecutions.\ns 49 amd 2002 No. 68 s 283 sch 3 ; 2009 No. 24 s 1398 ; 2012 No. 18 s 7 ; 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 12 ; 2019 No. 32 s 32 sch 1 ; 2024 No. 41 s 6\n(sec.49-ssec.1) This section applies if the commission investigates (either by itself or in cooperation with a public official), or assumes responsibility for the investigation of, a complaint about, or information or matter involving, corruption and decides that prosecution proceedings or disciplinary action should be considered.\n(sec.49-ssec.2) The commission may report on the investigation to any of the following as appropriate— a prosecuting authority, for the purpose of any prosecution proceedings; Section 49B applies if the commission intends reporting to a prosecuting authority in relation to a corruption offence arising from a corruption investigation. the Chief Justice, if the report relates to conduct of a judge of, or other person holding judicial office in, the Supreme Court; the Chief Judge of the District Court, if the report relates to conduct of a District Court judge; the President of the Childrens Court, if the report relates to conduct of a person holding judicial office in the Childrens Court; the Chief Magistrate, if the report relates to conduct of a magistrate; the chief executive officer of a relevant unit of public administration, for the purpose of taking disciplinary action, if the report does not relate to the conduct of a judge, magistrate or other holder of judicial office.\n(sec.49-ssec.3) If the commission decides that prosecution proceedings for an offence under the Criminal Code , section 57 should be considered, the commission must report on the investigation to the Attorney-General.\n(sec.49-ssec.4) A report made under subsection (2) or (3) must contain, or be accompanied by, all relevant information known to the commission that— supports a charge that may be brought against any person as a result of the report; or supports a defence that may be available to any person liable to be charged as a result of the report; or supports the start of a proceeding under section 219F , 219FA or 219G against any person as a result of the report; or supports a defence that may be available to any person subject to a proceeding under section 219F , 219FA or 219G as a result of the report.\n(sec.49-ssec.5) Also, if the director of public prosecutions has given the commission written advice under section 49B in relation to an investigation, a report made under subsection (2) (a) or (3) about the investigation must be accompanied by the advice.\n(sec.49-ssec.6) In this section— prosecuting authority — includes a police officer seconded to the commission under section 255 ; but does not include the director of public prosecutions.\n- (a) a prosecuting authority, for the purpose of any prosecution proceedings; Note— Section 49B applies if the commission intends reporting to a prosecuting authority in relation to a corruption offence arising from a corruption investigation.\n- (b) the Chief Justice, if the report relates to conduct of a judge of, or other person holding judicial office in, the Supreme Court;\n- (c) the Chief Judge of the District Court, if the report relates to conduct of a District Court judge;\n- (d) the President of the Childrens Court, if the report relates to conduct of a person holding judicial office in the Childrens Court;\n- (e) the Chief Magistrate, if the report relates to conduct of a magistrate;\n- (f) the chief executive officer of a relevant unit of public administration, for the purpose of taking disciplinary action, if the report does not relate to the conduct of a judge, magistrate or other holder of judicial office.\n- (a) supports a charge that may be brought against any person as a result of the report; or\n- (b) supports a defence that may be available to any person liable to be charged as a result of the report; or\n- (c) supports the start of a proceeding under section 219F , 219FA or 219G against any person as a result of the report; or\n- (d) supports a defence that may be available to any person subject to a proceeding under section 219F , 219FA or 219G as a result of the report.\n- (a) includes a police officer seconded to the commission under section 255 ; but\n- (b) does not include the director of public prosecutions.","sortOrder":78},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.49A Definitions for subdivision\n\nIn this subdivision—\ncommence , a prosecution against a person, means—\narrest the person; or\nmake a complaint under the Justices Act 1886 , section 42 in relation to the person; or\nserve a notice to appear on the person.\nprosecuting authority —\nincludes a police officer seconded to the commission under section 255 ; but\ndoes not include the director of public prosecutions.\nprosecuting entity means the entity prosecuting a person, including, for example, the director of public prosecutions.\ns 49A ins 2024 No. 41 s 7\n- (a) arrest the person; or\n- (b) make a complaint under the Justices Act 1886 , section 42 in relation to the person; or\n- (c) serve a notice to appear on the person.\n- (a) includes a police officer seconded to the commission under section 255 ; but\n- (b) does not include the director of public prosecutions.","sortOrder":79},{"sectionNumber":"sec.49B","sectionType":"section","heading":"Commencing prosecution","content":"### sec.49B Commencing prosecution\n\nThis section applies if the commission intends reporting on a corruption investigation, under section 49 (2) (a) , to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against a person for a corruption offence arising from the investigation.\nBefore the commission reports to the prosecuting authority, the commission must—\nprovide a report on the investigation to the director of public prosecutions; and\nseek the written advice of the director of public prosecutions as to whether the person should be prosecuted for 1 or more corruption offences arising from the investigation and, if so, for which corruption offence or offences the person should be prosecuted.\nA report under subsection (2) (a) must contain, or be accompanied by, all relevant information known to the commission that—\nsupports a charge that may be brought against the person; or\nsupports a defence that may be available to the person.\nFor subsection (3) , the reference to all relevant information known to the commission includes a reference to evidence, documents and things—\nobtained by the commission through the exercise of the commission’s powers under this Act; and\nthat would, other than for the exercise of those powers, be unobtainable by the commission because of the operation of a privilege.\nDespite any other law, including sections 174 (2) and 255 , but subject to section 49C , the prosecuting authority may commence a prosecution against the person for a corruption offence arising from the investigation only if—\nthe commission has acted under subsection (2) in relation to the investigation; and\nthe director of public prosecutions has given the commission written advice that the person should be prosecuted for the corruption offence.\ns 49B ins 2024 No. 41 s 7\n(sec.49B-ssec.1) This section applies if the commission intends reporting on a corruption investigation, under section 49 (2) (a) , to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against a person for a corruption offence arising from the investigation.\n(sec.49B-ssec.2) Before the commission reports to the prosecuting authority, the commission must— provide a report on the investigation to the director of public prosecutions; and seek the written advice of the director of public prosecutions as to whether the person should be prosecuted for 1 or more corruption offences arising from the investigation and, if so, for which corruption offence or offences the person should be prosecuted.\n(sec.49B-ssec.3) A report under subsection (2) (a) must contain, or be accompanied by, all relevant information known to the commission that— supports a charge that may be brought against the person; or supports a defence that may be available to the person.\n(sec.49B-ssec.4) For subsection (3) , the reference to all relevant information known to the commission includes a reference to evidence, documents and things— obtained by the commission through the exercise of the commission’s powers under this Act; and that would, other than for the exercise of those powers, be unobtainable by the commission because of the operation of a privilege.\n(sec.49B-ssec.5) Despite any other law, including sections 174 (2) and 255 , but subject to section 49C , the prosecuting authority may commence a prosecution against the person for a corruption offence arising from the investigation only if— the commission has acted under subsection (2) in relation to the investigation; and the director of public prosecutions has given the commission written advice that the person should be prosecuted for the corruption offence.\n- (a) provide a report on the investigation to the director of public prosecutions; and\n- (b) seek the written advice of the director of public prosecutions as to whether the person should be prosecuted for 1 or more corruption offences arising from the investigation and, if so, for which corruption offence or offences the person should be prosecuted.\n- (a) supports a charge that may be brought against the person; or\n- (b) supports a defence that may be available to the person.\n- (a) obtained by the commission through the exercise of the commission’s powers under this Act; and\n- (b) that would, other than for the exercise of those powers, be unobtainable by the commission because of the operation of a privilege.\n- (a) the commission has acted under subsection (2) in relation to the investigation; and\n- (b) the director of public prosecutions has given the commission written advice that the person should be prosecuted for the corruption offence.","sortOrder":80},{"sectionNumber":"sec.49C","sectionType":"section","heading":"Commencing prosecution in exceptional circumstances","content":"### sec.49C Commencing prosecution in exceptional circumstances\n\nThe prosecuting authority may commence a prosecution against the person for a corruption offence arising from the investigation without the commission acting under section 49B (2) if, in the opinion of the authority, there are exceptional circumstances.\nan emergent situation where an immediate arrest is essential\nIf the prosecuting authority commences a prosecution against the person in the circumstances mentioned in subsection (1) , the commission must, as soon as reasonably practicable—\nprovide a report on the investigation to the director of public prosecutions; and\nseek the written advice of the director of public prosecutions in relation to the charge against the person.\nA report under subsection (2) (a) must contain, or be accompanied by, the information mentioned in section 49B (3) .\nAs soon as reasonably practicable after receiving the written advice of the director of public prosecutions, the commission must give a copy of the written advice—\nto the prosecuting entity; and\nif the written advice relates to a prosecution for an offence under the Criminal Code , section 57 —to the Attorney-General.\nAs soon as reasonably practicable after receiving the written advice, the prosecuting entity must—\ninform the person and the court before which the person is required to attend that the written advice has been received by the commission; and\neither—\nif the charge against the person is consistent with the written advice—inform the person and the court of that fact; or\nif the charge against the person is inconsistent with the written advice—take steps consistent with the written advice.\namend or withdraw the charge\nSubsection (4) (a) does not apply if the prosecuting entity is the director of public prosecutions.\ns 49C ins 2024 No. 41 s 7\n(sec.49C-ssec.1) The prosecuting authority may commence a prosecution against the person for a corruption offence arising from the investigation without the commission acting under section 49B (2) if, in the opinion of the authority, there are exceptional circumstances. an emergent situation where an immediate arrest is essential\n(sec.49C-ssec.2) If the prosecuting authority commences a prosecution against the person in the circumstances mentioned in subsection (1) , the commission must, as soon as reasonably practicable— provide a report on the investigation to the director of public prosecutions; and seek the written advice of the director of public prosecutions in relation to the charge against the person.\n(sec.49C-ssec.3) A report under subsection (2) (a) must contain, or be accompanied by, the information mentioned in section 49B (3) .\n(sec.49C-ssec.4) As soon as reasonably practicable after receiving the written advice of the director of public prosecutions, the commission must give a copy of the written advice— to the prosecuting entity; and if the written advice relates to a prosecution for an offence under the Criminal Code , section 57 —to the Attorney-General.\n(sec.49C-ssec.5) As soon as reasonably practicable after receiving the written advice, the prosecuting entity must— inform the person and the court before which the person is required to attend that the written advice has been received by the commission; and either— if the charge against the person is consistent with the written advice—inform the person and the court of that fact; or if the charge against the person is inconsistent with the written advice—take steps consistent with the written advice. amend or withdraw the charge\n(sec.49C-ssec.6) Subsection (4) (a) does not apply if the prosecuting entity is the director of public prosecutions.\n- (a) provide a report on the investigation to the director of public prosecutions; and\n- (b) seek the written advice of the director of public prosecutions in relation to the charge against the person.\n- (a) to the prosecuting entity; and\n- (b) if the written advice relates to a prosecution for an offence under the Criminal Code , section 57 —to the Attorney-General.\n- (a) inform the person and the court before which the person is required to attend that the written advice has been received by the commission; and\n- (b) either— (i) if the charge against the person is consistent with the written advice—inform the person and the court of that fact; or (ii) if the charge against the person is inconsistent with the written advice—take steps consistent with the written advice. Examples of steps— amend or withdraw the charge\n- (i) if the charge against the person is consistent with the written advice—inform the person and the court of that fact; or\n- (ii) if the charge against the person is inconsistent with the written advice—take steps consistent with the written advice. Examples of steps— amend or withdraw the charge\n- (i) if the charge against the person is consistent with the written advice—inform the person and the court of that fact; or\n- (ii) if the charge against the person is inconsistent with the written advice—take steps consistent with the written advice. Examples of steps— amend or withdraw the charge","sortOrder":81},{"sectionNumber":"sec.49D","sectionType":"section","heading":"Process after commencing prosecution","content":"### sec.49D Process after commencing prosecution\n\nIf a prosecuting authority commences a prosecution against the person for a corruption offence arising from the investigation, the prosecuting entity must, as soon as reasonably practicable after the prosecution is commenced, file a notice in the court before which the person is required to attend stating that—\nfor a prosecution commenced under section 49B —\nthe charge against the person is in accordance with the written advice of the director of public prosecutions; and\nthe written advice is subject to legal professional privilege and will not be given to the person; or\nfor a prosecution commenced under section 49C —\nthe written advice of the director of public prosecutions about the charge against the person was not obtained by the commission before the prosecution was commenced; and\nthe prosecuting authority was of the opinion that exceptional circumstances applied; and\nthe prosecuting entity will inform the person when the written advice is received by the commission; and\nthe written advice will be subject to legal professional privilege and will not be given to the person.\nThe notice must be in the form approved by the chief executive.\nThe prosecuting entity must give a copy of the notice to the person.\nThe prosecuting entity may—\nelectronically file the notice in the court under subsection (1) ; and\nelectronically give a copy of the notice to the person under subsection (3) .\ns 49D ins 2024 No. 41 s 7\n(sec.49D-ssec.1) If a prosecuting authority commences a prosecution against the person for a corruption offence arising from the investigation, the prosecuting entity must, as soon as reasonably practicable after the prosecution is commenced, file a notice in the court before which the person is required to attend stating that— for a prosecution commenced under section 49B — the charge against the person is in accordance with the written advice of the director of public prosecutions; and the written advice is subject to legal professional privilege and will not be given to the person; or for a prosecution commenced under section 49C — the written advice of the director of public prosecutions about the charge against the person was not obtained by the commission before the prosecution was commenced; and the prosecuting authority was of the opinion that exceptional circumstances applied; and the prosecuting entity will inform the person when the written advice is received by the commission; and the written advice will be subject to legal professional privilege and will not be given to the person.\n(sec.49D-ssec.2) The notice must be in the form approved by the chief executive.\n(sec.49D-ssec.3) The prosecuting entity must give a copy of the notice to the person.\n(sec.49D-ssec.4) The prosecuting entity may— electronically file the notice in the court under subsection (1) ; and electronically give a copy of the notice to the person under subsection (3) .\n- (a) for a prosecution commenced under section 49B — (i) the charge against the person is in accordance with the written advice of the director of public prosecutions; and (ii) the written advice is subject to legal professional privilege and will not be given to the person; or\n- (i) the charge against the person is in accordance with the written advice of the director of public prosecutions; and\n- (ii) the written advice is subject to legal professional privilege and will not be given to the person; or\n- (b) for a prosecution commenced under section 49C — (i) the written advice of the director of public prosecutions about the charge against the person was not obtained by the commission before the prosecution was commenced; and (ii) the prosecuting authority was of the opinion that exceptional circumstances applied; and (iii) the prosecuting entity will inform the person when the written advice is received by the commission; and (iv) the written advice will be subject to legal professional privilege and will not be given to the person.\n- (i) the written advice of the director of public prosecutions about the charge against the person was not obtained by the commission before the prosecution was commenced; and\n- (ii) the prosecuting authority was of the opinion that exceptional circumstances applied; and\n- (iii) the prosecuting entity will inform the person when the written advice is received by the commission; and\n- (iv) the written advice will be subject to legal professional privilege and will not be given to the person.\n- (i) the charge against the person is in accordance with the written advice of the director of public prosecutions; and\n- (ii) the written advice is subject to legal professional privilege and will not be given to the person; or\n- (i) the written advice of the director of public prosecutions about the charge against the person was not obtained by the commission before the prosecution was commenced; and\n- (ii) the prosecuting authority was of the opinion that exceptional circumstances applied; and\n- (iii) the prosecuting entity will inform the person when the written advice is received by the commission; and\n- (iv) the written advice will be subject to legal professional privilege and will not be given to the person.\n- (a) electronically file the notice in the court under subsection (1) ; and\n- (b) electronically give a copy of the notice to the person under subsection (3) .","sortOrder":82},{"sectionNumber":"sec.49E","sectionType":"section","heading":"Process if charge recommended but not laid","content":"### sec.49E Process if charge recommended but not laid\n\nThis section applies if—\nthe director of public prosecutions provides written advice to the commission in response to a request by the commission under section 49B (2) (b) ; and\nthe written advice states that a prosecution should be commenced against the person for a corruption offence; and\nthe commission reports to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against the person for the offence; and\nthe prosecuting authority declines to commence a prosecution against the person for the offence.\nThe commission must inform the parliamentary committee and the parliamentary commissioner of the matters mentioned in subsection (1) .\ns 49E ins 2024 No. 41 s 7\n(sec.49E-ssec.1) This section applies if— the director of public prosecutions provides written advice to the commission in response to a request by the commission under section 49B (2) (b) ; and the written advice states that a prosecution should be commenced against the person for a corruption offence; and the commission reports to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against the person for the offence; and the prosecuting authority declines to commence a prosecution against the person for the offence.\n(sec.49E-ssec.2) The commission must inform the parliamentary committee and the parliamentary commissioner of the matters mentioned in subsection (1) .\n- (a) the director of public prosecutions provides written advice to the commission in response to a request by the commission under section 49B (2) (b) ; and\n- (b) the written advice states that a prosecution should be commenced against the person for a corruption offence; and\n- (c) the commission reports to a prosecuting authority for consideration by the authority as to whether to commence a prosecution against the person for the offence; and\n- (d) the prosecuting authority declines to commence a prosecution against the person for the offence.","sortOrder":83},{"sectionNumber":"sec.49F","sectionType":"section","heading":"Application of legal professional privilege to communications between commission and director of public prosecutions","content":"### sec.49F Application of legal professional privilege to communications between commission and director of public prosecutions\n\nThis section applies to communications made in or for the performance of the director of public prosecutions’ function of giving the commission written advice under this subdivision—\nas to whether the person should be prosecuted for a corruption offence; or\nin relation to the charge for a corruption offence against the person.\nConfidential communications between the commission and the director of public prosecutions are subject to legal professional privilege.\nIf legal professional privilege attaches to a confidential communication under this section, the commission does not waive the privilege only because the commission complies with a provision of this Act that requires the commission to disclose the communication.\nsection 49 (5)\nsection 49C (4)\nTo remove any doubt, it is declared that this section does not affect the operation of any law imposing an obligation on the prosecuting entity to disclose material to the person in the course of the prosecution.\ns 49F ins 2024 No. 41 s 7\n(sec.49F-ssec.1) This section applies to communications made in or for the performance of the director of public prosecutions’ function of giving the commission written advice under this subdivision— as to whether the person should be prosecuted for a corruption offence; or in relation to the charge for a corruption offence against the person.\n(sec.49F-ssec.2) Confidential communications between the commission and the director of public prosecutions are subject to legal professional privilege.\n(sec.49F-ssec.3) If legal professional privilege attaches to a confidential communication under this section, the commission does not waive the privilege only because the commission complies with a provision of this Act that requires the commission to disclose the communication. section 49 (5) section 49C (4)\n(sec.49F-ssec.4) To remove any doubt, it is declared that this section does not affect the operation of any law imposing an obligation on the prosecuting entity to disclose material to the person in the course of the prosecution.\n- (a) as to whether the person should be prosecuted for a corruption offence; or\n- (b) in relation to the charge for a corruption offence against the person.\n- • section 49 (5)\n- • section 49C (4)","sortOrder":84},{"sectionNumber":"sec.49G","sectionType":"section","heading":"Memorandum of understanding","content":"### sec.49G Memorandum of understanding\n\nThe commission and the director of public prosecutions must enter into a memorandum of understanding to facilitate the operation of this subdivision.\nWithout limiting subsection (1) , the memorandum of understanding must provide for the following matters—\nthe information that must be included in a request by the commission for the director of public prosecutions’ written advice, including, for example—\nthe commission’s view on the appropriate charges to be laid in a case; and\nany legal issues identified by the commission in a case;\nprocesses to avoid unreasonable delays in the making of requests for written advice by the commission and the giving of written advice by the director of public prosecutions, including the setting of timeframes for requests and advices;\nprocesses for how the director of public prosecutions will deal with information received in a report given by the commission to the director of public prosecutions under this subdivision for the purposes of giving advice;\nhow the commission and the director of public prosecutions will communicate and liaise, including how contrary views of the commission and the director of public prosecutions will be resolved;\nprocesses for the provision of additional information by the commission to the director of public prosecutions;\nthe information that must be included in a written advice from the director of public prosecutions, including, for example, reasons for recommending a particular charge be laid against a person.\nAlso without limiting subsection (1) , the memorandum of understanding may provide guidance on circumstances that are exceptional circumstances for the purposes of section 49C (1) .\nThe commission must publish a copy of the memorandum of understanding on the commission’s website.\nAs soon as practicable after the memorandum of understanding is entered into, the commission must advise the Minister of the fact.\nThe commission must report at regular intervals to the Minister, the parliamentary committee and the parliamentary commissioner on the effectiveness and utility of the memorandum.\nA report under subsection (6) must include information about the timeliness of written advice provided by the director of public prosecutions under this subdivision.\ns 49G ins 2024 No. 41 s 7\n(sec.49G-ssec.1) The commission and the director of public prosecutions must enter into a memorandum of understanding to facilitate the operation of this subdivision.\n(sec.49G-ssec.2) Without limiting subsection (1) , the memorandum of understanding must provide for the following matters— the information that must be included in a request by the commission for the director of public prosecutions’ written advice, including, for example— the commission’s view on the appropriate charges to be laid in a case; and any legal issues identified by the commission in a case; processes to avoid unreasonable delays in the making of requests for written advice by the commission and the giving of written advice by the director of public prosecutions, including the setting of timeframes for requests and advices; processes for how the director of public prosecutions will deal with information received in a report given by the commission to the director of public prosecutions under this subdivision for the purposes of giving advice; how the commission and the director of public prosecutions will communicate and liaise, including how contrary views of the commission and the director of public prosecutions will be resolved; processes for the provision of additional information by the commission to the director of public prosecutions; the information that must be included in a written advice from the director of public prosecutions, including, for example, reasons for recommending a particular charge be laid against a person.\n(sec.49G-ssec.3) Also without limiting subsection (1) , the memorandum of understanding may provide guidance on circumstances that are exceptional circumstances for the purposes of section 49C (1) .\n(sec.49G-ssec.4) The commission must publish a copy of the memorandum of understanding on the commission’s website.\n(sec.49G-ssec.5) As soon as practicable after the memorandum of understanding is entered into, the commission must advise the Minister of the fact.\n(sec.49G-ssec.6) The commission must report at regular intervals to the Minister, the parliamentary committee and the parliamentary commissioner on the effectiveness and utility of the memorandum.\n(sec.49G-ssec.7) A report under subsection (6) must include information about the timeliness of written advice provided by the director of public prosecutions under this subdivision.\n- (a) the information that must be included in a request by the commission for the director of public prosecutions’ written advice, including, for example— (i) the commission’s view on the appropriate charges to be laid in a case; and (ii) any legal issues identified by the commission in a case;\n- (i) the commission’s view on the appropriate charges to be laid in a case; and\n- (ii) any legal issues identified by the commission in a case;\n- (b) processes to avoid unreasonable delays in the making of requests for written advice by the commission and the giving of written advice by the director of public prosecutions, including the setting of timeframes for requests and advices;\n- (c) processes for how the director of public prosecutions will deal with information received in a report given by the commission to the director of public prosecutions under this subdivision for the purposes of giving advice;\n- (d) how the commission and the director of public prosecutions will communicate and liaise, including how contrary views of the commission and the director of public prosecutions will be resolved;\n- (e) processes for the provision of additional information by the commission to the director of public prosecutions;\n- (f) the information that must be included in a written advice from the director of public prosecutions, including, for example, reasons for recommending a particular charge be laid against a person.\n- (i) the commission’s view on the appropriate charges to be laid in a case; and\n- (ii) any legal issues identified by the commission in a case;","sortOrder":85},{"sectionNumber":"sec.50","sectionType":"section","heading":"Commission may apply to QCAT about corrupt conduct","content":"### sec.50 Commission may apply to QCAT about corrupt conduct\n\nThis section applies if the commission—\nreports to the chief executive officer of a unit of public administration under section 49 (2) (f) ; and\nconsiders there is evidence supporting the start of a disciplinary proceeding against a prescribed person in the unit of public administration in relation to a complaint about, or information or matter involving, corruption.\nThe commission may apply, as provided under the QCAT Act , to QCAT for an order under section 219I against the prescribed person.\nIn this section—\nprescribed person means—\na person—\nwho is a member of the police service; or\nbeing a member of the police service, whose employment as a member of the police service ends after the corrupt conduct happens, regardless of whether the employment ends before or after the start of a disciplinary proceeding for the corrupt conduct; or\na person (other than a judge or holder of judicial office, or a member of the police service)—\nwho holds an appointment in a unit of public administration; or\nwho held an appointment in a unit of public administration that ended after the corrupt conduct happened, regardless of whether the appointment ended before or after the start of a disciplinary proceeding for the conduct.\ns 50 amd 2009 No. 25 s 53 (2) – (3) ; 2009 No. 24 s 1399 ; 2009 No. 48 s 129A ; 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 13 ; 2025 No. 7 s 8\n(sec.50-ssec.1) This section applies if the commission— reports to the chief executive officer of a unit of public administration under section 49 (2) (f) ; and considers there is evidence supporting the start of a disciplinary proceeding against a prescribed person in the unit of public administration in relation to a complaint about, or information or matter involving, corruption.\n(sec.50-ssec.2) The commission may apply, as provided under the QCAT Act , to QCAT for an order under section 219I against the prescribed person.\n(sec.50-ssec.3) In this section— prescribed person means— a person— who is a member of the police service; or being a member of the police service, whose employment as a member of the police service ends after the corrupt conduct happens, regardless of whether the employment ends before or after the start of a disciplinary proceeding for the corrupt conduct; or a person (other than a judge or holder of judicial office, or a member of the police service)— who holds an appointment in a unit of public administration; or who held an appointment in a unit of public administration that ended after the corrupt conduct happened, regardless of whether the appointment ended before or after the start of a disciplinary proceeding for the conduct.\n- (a) reports to the chief executive officer of a unit of public administration under section 49 (2) (f) ; and\n- (b) considers there is evidence supporting the start of a disciplinary proceeding against a prescribed person in the unit of public administration in relation to a complaint about, or information or matter involving, corruption.\n- (a) a person— (i) who is a member of the police service; or (ii) being a member of the police service, whose employment as a member of the police service ends after the corrupt conduct happens, regardless of whether the employment ends before or after the start of a disciplinary proceeding for the corrupt conduct; or\n- (i) who is a member of the police service; or\n- (ii) being a member of the police service, whose employment as a member of the police service ends after the corrupt conduct happens, regardless of whether the employment ends before or after the start of a disciplinary proceeding for the corrupt conduct; or\n- (b) a person (other than a judge or holder of judicial office, or a member of the police service)— (i) who holds an appointment in a unit of public administration; or (ii) who held an appointment in a unit of public administration that ended after the corrupt conduct happened, regardless of whether the appointment ended before or after the start of a disciplinary proceeding for the conduct.\n- (i) who holds an appointment in a unit of public administration; or\n- (ii) who held an appointment in a unit of public administration that ended after the corrupt conduct happened, regardless of whether the appointment ended before or after the start of a disciplinary proceeding for the conduct.\n- (i) who is a member of the police service; or\n- (ii) being a member of the police service, whose employment as a member of the police service ends after the corrupt conduct happens, regardless of whether the employment ends before or after the start of a disciplinary proceeding for the corrupt conduct; or\n- (i) who holds an appointment in a unit of public administration; or\n- (ii) who held an appointment in a unit of public administration that ended after the corrupt conduct happened, regardless of whether the appointment ended before or after the start of a disciplinary proceeding for the conduct.","sortOrder":86},{"sectionNumber":"sec.51","sectionType":"section","heading":"Other action for corruption","content":"### sec.51 Other action for corruption\n\nNothing in this part limits the action that may lawfully be taken by the commission or a unit of public administration to discipline or otherwise deal with a person for corruption.\nThe commissioner of police may bring a disciplinary charge against a police officer under the Police Service Administration Act 1990 .\nSubsection (1) is subject to sections 47 and 48 .\ns 51 amd 2014 No. 21 s 94 (1) sch 1\n(sec.51-ssec.1) Nothing in this part limits the action that may lawfully be taken by the commission or a unit of public administration to discipline or otherwise deal with a person for corruption. The commissioner of police may bring a disciplinary charge against a police officer under the Police Service Administration Act 1990 .\n(sec.51-ssec.2) Subsection (1) is subject to sections 47 and 48 .","sortOrder":87},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Research, intelligence and other functions","content":"# Research, intelligence and other functions","sortOrder":88},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Research","content":"## Research","sortOrder":89},{"sectionNumber":"sec.52","sectionType":"section","heading":"Research functions","content":"### sec.52 Research functions\n\nThe commission has the following functions—\nto undertake research to support the proper performance of its functions;\nto undertake research into the incidence and prevention of criminal activity;\nto undertake research into any other matter relating to the administration of criminal justice or relating to corruption referred to the commission by the Minister;\nto undertake research into any other matter relevant to any of its functions.\nWithout limiting subsection (1) (a) , the commission may undertake research into—\npolice service methods of operations; and\npolice powers and the use of police powers; and\nlaw enforcement by police; and\nthe continuous improvement of the police service.\ns 52 sub 2014 No. 21 s 21 ; 2016 No. 19 s 14\n(sec.52-ssec.1) The commission has the following functions— to undertake research to support the proper performance of its functions; to undertake research into the incidence and prevention of criminal activity; to undertake research into any other matter relating to the administration of criminal justice or relating to corruption referred to the commission by the Minister; to undertake research into any other matter relevant to any of its functions.\n(sec.52-ssec.2) Without limiting subsection (1) (a) , the commission may undertake research into— police service methods of operations; and police powers and the use of police powers; and law enforcement by police; and the continuous improvement of the police service.\n- (a) to undertake research to support the proper performance of its functions;\n- (b) to undertake research into the incidence and prevention of criminal activity;\n- (c) to undertake research into any other matter relating to the administration of criminal justice or relating to corruption referred to the commission by the Minister;\n- (d) to undertake research into any other matter relevant to any of its functions.\n- (a) police service methods of operations; and\n- (b) police powers and the use of police powers; and\n- (c) law enforcement by police; and\n- (d) the continuous improvement of the police service.","sortOrder":90},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Intelligence","content":"## Intelligence","sortOrder":91},{"sectionNumber":"sec.53","sectionType":"section","heading":"Intelligence functions","content":"### sec.53 Intelligence functions\n\nThe commission has the following functions (its intelligence functions )—\nto undertake intelligence activities, including specific intelligence operations authorised by the reference committee, to support the proper performance of its functions;\nto hold intelligence function hearings;\nto analyse the intelligence data collected to support its functions;\nto minimise unnecessary duplication of intelligence data;\nto ensure that intelligence data collected and held to support its functions is appropriate for the proper performance of its functions.\ns 53 amd 2013 No. 45 s 10 ; 2013 No. 64 s 22 ; 2016 No. 62 s 33\n- (a) to undertake intelligence activities, including specific intelligence operations authorised by the reference committee, to support the proper performance of its functions;\n- (b) to hold intelligence function hearings;\n- (c) to analyse the intelligence data collected to support its functions;\n- (d) to minimise unnecessary duplication of intelligence data;\n- (e) to ensure that intelligence data collected and held to support its functions is appropriate for the proper performance of its functions.","sortOrder":92},{"sectionNumber":"sec.54","sectionType":"section","heading":"Database of intelligence information","content":"### sec.54 Database of intelligence information\n\nThe commission must build up a database of intelligence information for use in support of all of its functions using for the purpose information acquired by it from any source available to it, including, for example—\nits own operations; and\nthe police service; and\nsources of the Commonwealth or any State supplying intelligence information to it.\n- (a) its own operations; and\n- (b) the police service; and\n- (c) sources of the Commonwealth or any State supplying intelligence information to it.","sortOrder":93},{"sectionNumber":"sec.55","sectionType":"section","heading":"Access to intelligence information held by police service","content":"### sec.55 Access to intelligence information held by police service\n\nThe commissioner of police must give the chairperson access to intelligence information held by the police service as required by the chairperson as soon as possible after receiving the request.\ns 55 amd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\nsub 2018 No. 29 s 14","sortOrder":94},{"sectionNumber":"ch.2-pt.4-div.2A","sectionType":"division","heading":"Specific intelligence operations","content":"## Specific intelligence operations","sortOrder":95},{"sectionNumber":"sec.55A","sectionType":"section","heading":"Authorising specific intelligence operation","content":"### sec.55A Authorising specific intelligence operation\n\nThe section applies if the reference committee is satisfied that there are reasonable grounds to suspect that—\na criminal organisation, or a participant in a criminal organisation, has engaged in, is engaging in, or is planning to engage in, criminal activity; or\na person, regardless of whether the person holds an appointment, has engaged in, is engaging in, or is planning to engage in corruption to support or help a criminal organisation or a participant in a criminal organisation.\nThe reference committee may authorise the commission to undertake a specific intelligence operation, including by holding hearings.\nThe authorisation must be in writing and identify—\nthe criminal organisation or participant to be investigated by the commission; and\nthe suspected criminal activity or corruption; and\nthe purpose of the intelligence operation.\nThe authorisation may relate to any circumstances implying, or any allegations, that particular criminal activity or corruption, is reasonably suspected.\nThe authorisation may be made by the reference committee—\non its own initiative; or\nif asked by the senior executive officer (crime) or the senior executive officer (corruption).\nIn this section—\ncriminal activity means any act or omission that involves the commission of an offence.\nhold an appointment means hold an appointment in a unit of public administration.\ns 55A ins 2013 No. 45 s 11\namd 2014 No. 21 s 94 (1) sch 1 (amdt could not be given effect to the extent it subs assistant commissioner, misconduct’s with senior executive officer (corruption)’s ); 2016 No. 62 s 35\n(sec.55A-ssec.1) The section applies if the reference committee is satisfied that there are reasonable grounds to suspect that— a criminal organisation, or a participant in a criminal organisation, has engaged in, is engaging in, or is planning to engage in, criminal activity; or a person, regardless of whether the person holds an appointment, has engaged in, is engaging in, or is planning to engage in corruption to support or help a criminal organisation or a participant in a criminal organisation.\n(sec.55A-ssec.2) The reference committee may authorise the commission to undertake a specific intelligence operation, including by holding hearings.\n(sec.55A-ssec.3) The authorisation must be in writing and identify— the criminal organisation or participant to be investigated by the commission; and the suspected criminal activity or corruption; and the purpose of the intelligence operation.\n(sec.55A-ssec.4) The authorisation may relate to any circumstances implying, or any allegations, that particular criminal activity or corruption, is reasonably suspected.\n(sec.55A-ssec.5) The authorisation may be made by the reference committee— on its own initiative; or if asked by the senior executive officer (crime) or the senior executive officer (corruption).\n(sec.55A-ssec.6) In this section— criminal activity means any act or omission that involves the commission of an offence. hold an appointment means hold an appointment in a unit of public administration.\n- (a) a criminal organisation, or a participant in a criminal organisation, has engaged in, is engaging in, or is planning to engage in, criminal activity; or\n- (b) a person, regardless of whether the person holds an appointment, has engaged in, is engaging in, or is planning to engage in corruption to support or help a criminal organisation or a participant in a criminal organisation.\n- (a) the criminal organisation or participant to be investigated by the commission; and\n- (b) the suspected criminal activity or corruption; and\n- (c) the purpose of the intelligence operation.\n- (a) on its own initiative; or\n- (b) if asked by the senior executive officer (crime) or the senior executive officer (corruption).","sortOrder":96},{"sectionNumber":"sec.55B","sectionType":"section","heading":"Matters reference committee must consider","content":"### sec.55B Matters reference committee must consider\n\nThe reference committee may authorise the commission to undertake a specific intelligence operation under section 55A only if it is satisfied—\nas required under the section; and\nit is in the public interest to authorise the commission to undertake the specific intelligence operation.\nIn considering the public interest, the reference committee may also have regard to the likely effectiveness of an investigation into criminal activity or corruption without the use of powers available to the commission under this division.\nIn this section—\ncriminal activity means any act or omission that involves the commission of an offence.\ns 55B ins 2013 No. 45 s 11\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 62 s 36\n(sec.55B-ssec.1) The reference committee may authorise the commission to undertake a specific intelligence operation under section 55A only if it is satisfied— as required under the section; and it is in the public interest to authorise the commission to undertake the specific intelligence operation.\n(sec.55B-ssec.2) In considering the public interest, the reference committee may also have regard to the likely effectiveness of an investigation into criminal activity or corruption without the use of powers available to the commission under this division.\n(sec.55B-ssec.3) In this section— criminal activity means any act or omission that involves the commission of an offence.\n- (a) as required under the section; and\n- (b) it is in the public interest to authorise the commission to undertake the specific intelligence operation.","sortOrder":97},{"sectionNumber":"sec.55C","sectionType":"section","heading":"Reference committee may give commission directions","content":"### sec.55C Reference committee may give commission directions\n\nThe reference committee may give the commission directions imposing limitations on the commission’s intelligence operation under an authorisation under section 55A , including limitations on the exercise of the commission’s powers for the operations.\nThe reference committee may also direct the commission to end a specific intelligence operation under an authorisation if the committee considers—\nit may be more appropriate for another entity to undertake the intelligence operation; or\nit may be more effective for another entity to undertake the intelligence operation; or\nundertaking an intelligence operation is not a justifiable use of the commission’s resources; or\nthe commission undertaking an intelligence operation is not in the public interest.\nThe commission must comply with a direction given under subsection (1) or (2) .\nThe reference committee may amend the terms of an authorisation on its own initiative or if asked by the senior executive officer (crime) or the senior executive officer (corruption).\nTo remove any doubt, it is declared that subsection (2) (d) is not limited by section 55B (2) .\ns 55C ins 2013 No. 45 s 11\namd 2014 No. 21 s 94 (1) sch 1 (amdt could not be given effect to the extent it subs assistant commissioner, misconduct’s with senior executive officer (corruption)’s ); 2016 No. 62 s 37\n(sec.55C-ssec.1) The reference committee may give the commission directions imposing limitations on the commission’s intelligence operation under an authorisation under section 55A , including limitations on the exercise of the commission’s powers for the operations.\n(sec.55C-ssec.2) The reference committee may also direct the commission to end a specific intelligence operation under an authorisation if the committee considers— it may be more appropriate for another entity to undertake the intelligence operation; or it may be more effective for another entity to undertake the intelligence operation; or undertaking an intelligence operation is not a justifiable use of the commission’s resources; or the commission undertaking an intelligence operation is not in the public interest.\n(sec.55C-ssec.3) The commission must comply with a direction given under subsection (1) or (2) .\n(sec.55C-ssec.4) The reference committee may amend the terms of an authorisation on its own initiative or if asked by the senior executive officer (crime) or the senior executive officer (corruption).\n(sec.55C-ssec.5) To remove any doubt, it is declared that subsection (2) (d) is not limited by section 55B (2) .\n- (a) it may be more appropriate for another entity to undertake the intelligence operation; or\n- (b) it may be more effective for another entity to undertake the intelligence operation; or\n- (c) undertaking an intelligence operation is not a justifiable use of the commission’s resources; or\n- (d) the commission undertaking an intelligence operation is not in the public interest.","sortOrder":98},{"sectionNumber":"ch.2-pt.4-div.2B","sectionType":"division","heading":"Immediate responses to threats to public safety","content":"## Immediate responses to threats to public safety","sortOrder":99},{"sectionNumber":"sec.55D","sectionType":"section","heading":"Authorising immediate response","content":"### sec.55D Authorising immediate response\n\nThis section applies if the reference committee is satisfied there are reasonable grounds to suspect that a criminal organisation or a participant in a criminal organisation has engaged in, is engaging in, or is planning to engage in, an incident that threatens, has threatened or may threaten public safety.\nThe reference committee may authorise the commission to do either or both of the following in response to, or to prevent, the threat to public safety—\nundertake an investigation into the incident;\nconduct a hearing in relation to the incident.\nThe authorisation must be in writing and identify—\nthe criminal organisation or participant that has engaged in, is engaging in, or is planning to engage in, the incident; and\nthe nature of the incident; and\nthe purpose of the investigation or hearing.\nThe authorisation may be made by the reference committee—\non its own initiative; or\nif asked by the senior executive officer (crime) or the senior executive officer (corruption).\ns 55D ins 2013 No. 45 s 11\nsub 2016 No. 62 s 38\n(sec.55D-ssec.1) This section applies if the reference committee is satisfied there are reasonable grounds to suspect that a criminal organisation or a participant in a criminal organisation has engaged in, is engaging in, or is planning to engage in, an incident that threatens, has threatened or may threaten public safety.\n(sec.55D-ssec.2) The reference committee may authorise the commission to do either or both of the following in response to, or to prevent, the threat to public safety— undertake an investigation into the incident; conduct a hearing in relation to the incident.\n(sec.55D-ssec.3) The authorisation must be in writing and identify— the criminal organisation or participant that has engaged in, is engaging in, or is planning to engage in, the incident; and the nature of the incident; and the purpose of the investigation or hearing.\n(sec.55D-ssec.4) The authorisation may be made by the reference committee— on its own initiative; or if asked by the senior executive officer (crime) or the senior executive officer (corruption).\n- (a) undertake an investigation into the incident;\n- (b) conduct a hearing in relation to the incident.\n- (a) the criminal organisation or participant that has engaged in, is engaging in, or is planning to engage in, the incident; and\n- (b) the nature of the incident; and\n- (c) the purpose of the investigation or hearing.\n- (a) on its own initiative; or\n- (b) if asked by the senior executive officer (crime) or the senior executive officer (corruption).","sortOrder":100},{"sectionNumber":"sec.55E","sectionType":"section","heading":"Matters reference committee must consider","content":"### sec.55E Matters reference committee must consider\n\nThe reference committee may authorise the commission to undertake the investigation or conduct the hearing only if the committee is satisfied—\nas required under section 55D (1) ; and\nit is in the public interest to authorise the commission to undertake the investigation or conduct the hearing in response to, or to prevent, the threat to public safety.\nIn considering the public interest, the reference committee may also have regard to the likely effectiveness of an investigation into criminal activity or corruption without the use of powers available to the commission under this division.\nIn this section—\ncriminal activity means any act or omission that involves the commission of an offence.\ns 55E ins 2013 No. 45 s 11\nsub 2016 No. 62 s 38\n(sec.55E-ssec.1) The reference committee may authorise the commission to undertake the investigation or conduct the hearing only if the committee is satisfied— as required under section 55D (1) ; and it is in the public interest to authorise the commission to undertake the investigation or conduct the hearing in response to, or to prevent, the threat to public safety.\n(sec.55E-ssec.2) In considering the public interest, the reference committee may also have regard to the likely effectiveness of an investigation into criminal activity or corruption without the use of powers available to the commission under this division.\n(sec.55E-ssec.3) In this section— criminal activity means any act or omission that involves the commission of an offence.\n- (a) as required under section 55D (1) ; and\n- (b) it is in the public interest to authorise the commission to undertake the investigation or conduct the hearing in response to, or to prevent, the threat to public safety.","sortOrder":101},{"sectionNumber":"sec.55F","sectionType":"section","heading":"Reference committee may give commission directions","content":"### sec.55F Reference committee may give commission directions\n\nThe reference committee may give the commission directions imposing limitations on the commission’s investigation or hearing under an authorisation under section 55D , including limitations on the exercise of the commission’s powers for the investigation or hearing.\nThe reference committee may also direct the commission to end an investigation or hearing under an authorisation under section 55D if the committee considers—\nit may be more appropriate for another entity to undertake the investigation or conduct the hearing; or\nit may be more effective for another entity to undertake the investigation or conduct the hearing; or\nundertaking the investigation or conducting the hearing is not a justifiable use of the commission’s resources; or\nit is not in the public interest for the commission to undertake the investigation or conduct the hearing.\nThe commission must comply with a direction given under subsection (1) or (2) .\nThe reference committee may amend the terms of an authorisation on its own initiative or if asked by the senior executive officer (crime) or the senior executive officer (corruption).\nTo remove any doubt, it is declared that subsection (2) (d) is not limited by section 55D (2) .\ns 55F ins 2013 No. 45 s 11\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\nsub 2016 No. 62 s 38\n(sec.55F-ssec.1) The reference committee may give the commission directions imposing limitations on the commission’s investigation or hearing under an authorisation under section 55D , including limitations on the exercise of the commission’s powers for the investigation or hearing.\n(sec.55F-ssec.2) The reference committee may also direct the commission to end an investigation or hearing under an authorisation under section 55D if the committee considers— it may be more appropriate for another entity to undertake the investigation or conduct the hearing; or it may be more effective for another entity to undertake the investigation or conduct the hearing; or undertaking the investigation or conducting the hearing is not a justifiable use of the commission’s resources; or it is not in the public interest for the commission to undertake the investigation or conduct the hearing.\n(sec.55F-ssec.3) The commission must comply with a direction given under subsection (1) or (2) .\n(sec.55F-ssec.4) The reference committee may amend the terms of an authorisation on its own initiative or if asked by the senior executive officer (crime) or the senior executive officer (corruption).\n(sec.55F-ssec.5) To remove any doubt, it is declared that subsection (2) (d) is not limited by section 55D (2) .\n- (a) it may be more appropriate for another entity to undertake the investigation or conduct the hearing; or\n- (b) it may be more effective for another entity to undertake the investigation or conduct the hearing; or\n- (c) undertaking the investigation or conducting the hearing is not a justifiable use of the commission’s resources; or\n- (d) it is not in the public interest for the commission to undertake the investigation or conduct the hearing.","sortOrder":102},{"sectionNumber":"ch.2-pt.4-div.3","sectionType":"division","heading":"Other functions","content":"## Other functions","sortOrder":103},{"sectionNumber":"sec.56","sectionType":"section","heading":"Commission’s other functions","content":"### sec.56 Commission’s other functions\n\nThe commission also has the following functions—\nthe witness protection function;\nSee also the Witness Protection Act 2000 .\na civil confiscation function;\nSee also the Criminal Proceeds Confiscation Act 2002.\na function conferred under another Act.\ns 56 amd 2002 No. 68 s 286 ; 2006 No. 41 s 4 ; 2009 No. 48 s 130\n- (a) the witness protection function; Note— See also the Witness Protection Act 2000 .\n- (b) a civil confiscation function; Note— See also the Criminal Proceeds Confiscation Act 2002.\n- (c) a function conferred under another Act.","sortOrder":104},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Performance of functions","content":"# Performance of functions","sortOrder":105},{"sectionNumber":"sec.57","sectionType":"section","heading":"Commission to act independently etc.","content":"### sec.57 Commission to act independently etc.\n\nThe commission must, at all times, act independently, impartially and fairly having regard to the purposes of this Act and the importance of protecting the public interest.","sortOrder":106},{"sectionNumber":"sec.58","sectionType":"section","heading":"Independence of holders of judicial office","content":"### sec.58 Independence of holders of judicial office\n\nThe commission, when performing its functions or exercising its powers in relation to the procedures and operations of State courts or in relation to the conduct of a judicial officer, must proceed having proper regard for, and proper regard for the importance of preserving, the independence of judicial officers.\nTo the extent a commission investigation is, or would be, in relation to conduct of a judicial officer, the commission’s authority to conduct the investigation is limited to investigating corrupt conduct of a kind that, if established, would warrant the judicial officer’s removal from office.\nHowever, subsection (2) does not apply to a commission investigation that is, or would be, in relation to conduct of a judicial officer—\nother than in the judicial officer’s capacity as a judicial officer; and\nas a member or representative of a decision-making body in a unit of public administration.\na governing body, a board of management\nTo the extent a commission investigation is, or would be, in relation to conduct of a judicial officer, the investigation must be conducted in accordance with appropriate conditions and procedures agreed by the chairperson and the Chief Justice from time to time.\nA commission hearing in relation to the conduct of the judicial officer must be conducted by the chairperson.\nThe functions and powers of the commission are to be performed and exercised by the chairperson who is to be taken to constitute the commission for the investigation.\nHowever, the chairperson may delegate the chairperson’s functions and powers under this section, including the functions and powers mentioned in subsection (6) , for a commission investigation mentioned in subsection (3) to a senior officer.\nIn this section—\njudicial officer means—\na judge of, or other person holding judicial office in, a State court; or\na member of a tribunal that is a court of record.\ns 58 amd 2014 No. 21 s 22 ; 2016 No. 19 s 45 (1) – (2)\n(sec.58-ssec.1) The commission, when performing its functions or exercising its powers in relation to the procedures and operations of State courts or in relation to the conduct of a judicial officer, must proceed having proper regard for, and proper regard for the importance of preserving, the independence of judicial officers.\n(sec.58-ssec.2) To the extent a commission investigation is, or would be, in relation to conduct of a judicial officer, the commission’s authority to conduct the investigation is limited to investigating corrupt conduct of a kind that, if established, would warrant the judicial officer’s removal from office.\n(sec.58-ssec.3) However, subsection (2) does not apply to a commission investigation that is, or would be, in relation to conduct of a judicial officer— other than in the judicial officer’s capacity as a judicial officer; and as a member or representative of a decision-making body in a unit of public administration. a governing body, a board of management\n(sec.58-ssec.4) To the extent a commission investigation is, or would be, in relation to conduct of a judicial officer, the investigation must be conducted in accordance with appropriate conditions and procedures agreed by the chairperson and the Chief Justice from time to time.\n(sec.58-ssec.5) A commission hearing in relation to the conduct of the judicial officer must be conducted by the chairperson.\n(sec.58-ssec.6) The functions and powers of the commission are to be performed and exercised by the chairperson who is to be taken to constitute the commission for the investigation.\n(sec.58-ssec.7) However, the chairperson may delegate the chairperson’s functions and powers under this section, including the functions and powers mentioned in subsection (6) , for a commission investigation mentioned in subsection (3) to a senior officer.\n(sec.58-ssec.8) In this section— judicial officer means— a judge of, or other person holding judicial office in, a State court; or a member of a tribunal that is a court of record.\n- (a) other than in the judicial officer’s capacity as a judicial officer; and\n- (b) as a member or representative of a decision-making body in a unit of public administration. Examples of decision-making bodies— a governing body, a board of management\n- (a) a judge of, or other person holding judicial office in, a State court; or\n- (b) a member of a tribunal that is a court of record.","sortOrder":107},{"sectionNumber":"sec.59","sectionType":"section","heading":"Commission to cooperate with other entities","content":"### sec.59 Commission to cooperate with other entities\n\nThe commission and units of public administration are to work cooperatively to achieve optimal use of available resources.\nIn performing its functions, the commission must—\nliaise with, and coordinate its activities with the activities of, units of public administration to avoid needless duplication of the work of the units for the purpose of performing the commission’s functions; and\nhave regard to the activities, findings and recommendations of entities outside the State, including outside Australia, that have functions similar to the commission—\nto relate and adapt the activities, findings and recommendations of the entities to the needs of the State; and\nto avoid needless duplication of the work of the entities for the purpose of performing the commission’s functions.\n(sec.59-ssec.1) The commission and units of public administration are to work cooperatively to achieve optimal use of available resources.\n(sec.59-ssec.2) In performing its functions, the commission must— liaise with, and coordinate its activities with the activities of, units of public administration to avoid needless duplication of the work of the units for the purpose of performing the commission’s functions; and have regard to the activities, findings and recommendations of entities outside the State, including outside Australia, that have functions similar to the commission— to relate and adapt the activities, findings and recommendations of the entities to the needs of the State; and to avoid needless duplication of the work of the entities for the purpose of performing the commission’s functions.\n- (a) liaise with, and coordinate its activities with the activities of, units of public administration to avoid needless duplication of the work of the units for the purpose of performing the commission’s functions; and\n- (b) have regard to the activities, findings and recommendations of entities outside the State, including outside Australia, that have functions similar to the commission— (i) to relate and adapt the activities, findings and recommendations of the entities to the needs of the State; and (ii) to avoid needless duplication of the work of the entities for the purpose of performing the commission’s functions.\n- (i) to relate and adapt the activities, findings and recommendations of the entities to the needs of the State; and\n- (ii) to avoid needless duplication of the work of the entities for the purpose of performing the commission’s functions.\n- (i) to relate and adapt the activities, findings and recommendations of the entities to the needs of the State; and\n- (ii) to avoid needless duplication of the work of the entities for the purpose of performing the commission’s functions.","sortOrder":108},{"sectionNumber":"sec.60","sectionType":"section","heading":"Use and disclosure of information, document or thing","content":"### sec.60 Use and disclosure of information, document or thing\n\nThe commission may use any information, document or thing in the commission’s possession in performing the commission’s functions.\nThe commission may give intelligence information or other information to any entity the commission considers appropriate, including, for example—\na unit of public administration; and\na law enforcement agency; and\nthe auditor-general; and\na commissioner under the Electoral Act 1992 ; and\nthe ombudsman.\nSee section 213 in relation to making a record of, or wilfully disclosing, information given to a person under this section on the understanding, express or implied, that the information is confidential.\ns 60 sub 2018 No. 29 s 15\n(sec.60-ssec.1) The commission may use any information, document or thing in the commission’s possession in performing the commission’s functions.\n(sec.60-ssec.2) The commission may give intelligence information or other information to any entity the commission considers appropriate, including, for example— a unit of public administration; and a law enforcement agency; and the auditor-general; and a commissioner under the Electoral Act 1992 ; and the ombudsman.\n- (a) a unit of public administration; and\n- (b) a law enforcement agency; and\n- (c) the auditor-general; and\n- (d) a commissioner under the Electoral Act 1992 ; and\n- (e) the ombudsman.","sortOrder":109},{"sectionNumber":"sec.61","sectionType":"section","heading":"Commission’s functions not to limit proper performance of similar functions by other entities","content":"### sec.61 Commission’s functions not to limit proper performance of similar functions by other entities\n\nThe conferral of functions on the commission does not limit police power or the power of another entity to perform similar functions.\nSubsection (1) is subject to sections 47 and 48 .\n(sec.61-ssec.1) The conferral of functions on the commission does not limit police power or the power of another entity to perform similar functions.\n(sec.61-ssec.2) Subsection (1) is subject to sections 47 and 48 .","sortOrder":110},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 om 2018 No. 29 s 16","sortOrder":111},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Reporting and statements","content":"# Reporting and statements","sortOrder":112},{"sectionNumber":"ch.2-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":113},{"sectionNumber":"sec.63","sectionType":"section","heading":"Application of part","content":"### sec.63 Application of part\n\nThis part does not apply in relation to the commission’s performance of its crime function.\ns 63 amd 2025 No. 7 s 11","sortOrder":114},{"sectionNumber":"sec.63A","sectionType":"section","heading":"Definitions for part","content":"### sec.63A Definitions for part\n\nIn this part—\naction includes a decision to take no action or discontinue action.\ncorruption matter means—\na complaint about, or information or matter (also a complaint ) involving, corruption made or notified to the commission, or otherwise coming to its attention, whether or not the complaint has been assessed or any action has been taken in relation to the complaint under section 46 ; or\na corruption investigation, whether or not the investigation is complete.\ns 63A ins 2025 No. 7 s 12\n- (a) a complaint about, or information or matter (also a complaint ) involving, corruption made or notified to the commission, or otherwise coming to its attention, whether or not the complaint has been assessed or any action has been taken in relation to the complaint under section 46 ; or\n- (b) a corruption investigation, whether or not the investigation is complete.","sortOrder":115},{"sectionNumber":"ch.2-pt.6-div.2","sectionType":"division","heading":"Commission reports","content":"## Commission reports","sortOrder":116},{"sectionNumber":"sec.64","sectionType":"section","heading":"Commission reports—general","content":"### sec.64 Commission reports—general\n\nThe commission may report in performing its functions.\nThe commission must include in each of the reports—\nany recommendations, including, if appropriate and after consulting with the commissioner of police, a recommendation that the Police Minister give a direction to the commissioner of police under the Police Service Administration Act , section 4 .6; and\nan objective summary of all matters of which it is aware that support, oppose or are otherwise relevant to its recommendations.\nSee section 48B in relation to limitations on the commission’s findings, recommendations and statements.\nIf the Police Minister decides not to give a direction under the Police Service Administration Act , section 4 .6 following a recommendation made under subsection (2) (a) , the Police Minister must table in the Legislative Assembly, after giving the reasons—\na copy of the recommendation; and\nthe Minister’s reasons for not giving the direction.\nThe commission may also include in a report any comments it may have on the matters mentioned in subsection (2) (b) .\nTo remove any doubt, it is declared that, subject to section 63 , the commission may report simultaneously in the performance of 1 or more of its functions.\nThis section does not apply to a report under part 3 , division 5 .\nIn this section—\nPolice Minister means the Minister administering the Police Service Administration Act .\nPolice Service Administration Act means the Police Service Administration Act 1990 .\ns 64 amd 2025 No. 7 s 13\n(sec.64-ssec.1) The commission may report in performing its functions.\n(sec.64-ssec.2) The commission must include in each of the reports— any recommendations, including, if appropriate and after consulting with the commissioner of police, a recommendation that the Police Minister give a direction to the commissioner of police under the Police Service Administration Act , section 4 .6; and an objective summary of all matters of which it is aware that support, oppose or are otherwise relevant to its recommendations. See section 48B in relation to limitations on the commission’s findings, recommendations and statements.\n(sec.64-ssec.3) If the Police Minister decides not to give a direction under the Police Service Administration Act , section 4 .6 following a recommendation made under subsection (2) (a) , the Police Minister must table in the Legislative Assembly, after giving the reasons— a copy of the recommendation; and the Minister’s reasons for not giving the direction.\n(sec.64-ssec.4) The commission may also include in a report any comments it may have on the matters mentioned in subsection (2) (b) .\n(sec.64-ssec.5) To remove any doubt, it is declared that, subject to section 63 , the commission may report simultaneously in the performance of 1 or more of its functions.\n(sec.64-ssec.6) This section does not apply to a report under part 3 , division 5 .\n(sec.64-ssec.7) In this section— Police Minister means the Minister administering the Police Service Administration Act . Police Service Administration Act means the Police Service Administration Act 1990 .\n- (a) any recommendations, including, if appropriate and after consulting with the commissioner of police, a recommendation that the Police Minister give a direction to the commissioner of police under the Police Service Administration Act , section 4 .6; and\n- (b) an objective summary of all matters of which it is aware that support, oppose or are otherwise relevant to its recommendations.\n- (a) a copy of the recommendation; and\n- (b) the Minister’s reasons for not giving the direction.","sortOrder":117},{"sectionNumber":"sec.64A","sectionType":"section","heading":"Commission reports—particular corruption matters","content":"### sec.64A Commission reports—particular corruption matters\n\nWithout limiting section 64 , the commission may report on a corruption matter under section 64 (1) .\nIn making a decision about reporting on a corruption matter under section 64 (1) , including the preparation of prescribed content and the inclusion of comments under section 64 (4) in the report, the commission must consider the following matters—\nthe need for accountability and transparency in government and the public sector;\nwhether the report will be for the public benefit;\nwhether the commission has finalised its assessment of the corruption matter, and any action taken in relation to the corruption matter, under section 46 ;\nthe seriousness of the corruption matter;\nwhether the report may prejudice—\nany proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or\nan investigation by the commission or other law enforcement agency;\nif a person’s identity is readily apparent, or can reasonably be ascertained, from the report—\nwhether the standing and status of the person warrants greater public scrutiny; and\nthe person holds a senior role in the public service\nthe person is an independent statutory office holder\nthe person is an elected official\nwhether the report may unreasonably damage the person’s health, safety or wellbeing; and\nthe seriousness of the person’s conduct; and\nwhether the person consents to being identified; and\nwhether the report may unreasonably interfere with the person’s privacy or reputation;\nany other relevant matter.\nSubsection (2) does not limit or otherwise affect—\nthe operation of section 57 ; or\nthe application of any other law to the commission’s decision.\nHuman Rights Act 2019 , section 58\nTo remove any doubt, it is declared that the commission may report on a corruption matter under subsection (1) regardless of whether the commission has reported on the matter under section 49 .\nSee also section 331 .\nIn this section—\nprescribed content , for a report, means—\nan objective summary of matters that must be included in the report under section 64 (2) (b) ; or\na fair statement of a person’s submission that must be included in the report under section 69B (5) or 69D (4) .\ns 64A ins 2025 No. 7 s 14\n(sec.64A-ssec.1) Without limiting section 64 , the commission may report on a corruption matter under section 64 (1) .\n(sec.64A-ssec.2) In making a decision about reporting on a corruption matter under section 64 (1) , including the preparation of prescribed content and the inclusion of comments under section 64 (4) in the report, the commission must consider the following matters— the need for accountability and transparency in government and the public sector; whether the report will be for the public benefit; whether the commission has finalised its assessment of the corruption matter, and any action taken in relation to the corruption matter, under section 46 ; the seriousness of the corruption matter; whether the report may prejudice— any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or an investigation by the commission or other law enforcement agency; if a person’s identity is readily apparent, or can reasonably be ascertained, from the report— whether the standing and status of the person warrants greater public scrutiny; and the person holds a senior role in the public service the person is an independent statutory office holder the person is an elected official whether the report may unreasonably damage the person’s health, safety or wellbeing; and the seriousness of the person’s conduct; and whether the person consents to being identified; and whether the report may unreasonably interfere with the person’s privacy or reputation; any other relevant matter.\n(sec.64A-ssec.3) Subsection (2) does not limit or otherwise affect— the operation of section 57 ; or the application of any other law to the commission’s decision. Human Rights Act 2019 , section 58\n(sec.64A-ssec.4) To remove any doubt, it is declared that the commission may report on a corruption matter under subsection (1) regardless of whether the commission has reported on the matter under section 49 . See also section 331 .\n(sec.64A-ssec.5) In this section— prescribed content , for a report, means— an objective summary of matters that must be included in the report under section 64 (2) (b) ; or a fair statement of a person’s submission that must be included in the report under section 69B (5) or 69D (4) .\n- (a) the need for accountability and transparency in government and the public sector;\n- (b) whether the report will be for the public benefit;\n- (c) whether the commission has finalised its assessment of the corruption matter, and any action taken in relation to the corruption matter, under section 46 ;\n- (d) the seriousness of the corruption matter;\n- (e) whether the report may prejudice— (i) any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or (ii) an investigation by the commission or other law enforcement agency;\n- (i) any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or\n- (ii) an investigation by the commission or other law enforcement agency;\n- (f) if a person’s identity is readily apparent, or can reasonably be ascertained, from the report— (i) whether the standing and status of the person warrants greater public scrutiny; and Examples— • the person holds a senior role in the public service • the person is an independent statutory office holder • the person is an elected official (ii) whether the report may unreasonably damage the person’s health, safety or wellbeing; and (iii) the seriousness of the person’s conduct; and (iv) whether the person consents to being identified; and (v) whether the report may unreasonably interfere with the person’s privacy or reputation;\n- (i) whether the standing and status of the person warrants greater public scrutiny; and Examples— • the person holds a senior role in the public service • the person is an independent statutory office holder • the person is an elected official\n- • the person holds a senior role in the public service\n- • the person is an independent statutory office holder\n- • the person is an elected official\n- (ii) whether the report may unreasonably damage the person’s health, safety or wellbeing; and\n- (iii) the seriousness of the person’s conduct; and\n- (iv) whether the person consents to being identified; and\n- (v) whether the report may unreasonably interfere with the person’s privacy or reputation;\n- (g) any other relevant matter.\n- (i) any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or\n- (ii) an investigation by the commission or other law enforcement agency;\n- (i) whether the standing and status of the person warrants greater public scrutiny; and Examples— • the person holds a senior role in the public service • the person is an independent statutory office holder • the person is an elected official\n- • the person holds a senior role in the public service\n- • the person is an independent statutory office holder\n- • the person is an elected official\n- (ii) whether the report may unreasonably damage the person’s health, safety or wellbeing; and\n- (iii) the seriousness of the person’s conduct; and\n- (iv) whether the person consents to being identified; and\n- (v) whether the report may unreasonably interfere with the person’s privacy or reputation;\n- • the person holds a senior role in the public service\n- • the person is an independent statutory office holder\n- • the person is an elected official\n- (a) the operation of section 57 ; or\n- (b) the application of any other law to the commission’s decision. Example of another law that may apply to the commission’s decision— Human Rights Act 2019 , section 58\n- (a) an objective summary of matters that must be included in the report under section 64 (2) (b) ; or\n- (b) a fair statement of a person’s submission that must be included in the report under section 69B (5) or 69D (4) .","sortOrder":118},{"sectionNumber":"sec.65","sectionType":"section","heading":"Commission reports—court procedures","content":"### sec.65 Commission reports—court procedures\n\nThis section applies to a commission report about—\nthe procedures and operations of a State court; or\nthe procedures and practices of the registry or administrative offices of a State court.\nThe report may be given only to—\nthe Chief Justice, if the report deals with matters relevant to the Supreme Court; or\nthe Chief Judge of the District Court, if the report deals with matters relevant to the District Court; or\nthe President of the Childrens Court, if the report deals with matters relevant to the Childrens Court; or\nthe Chief Magistrate, if the report deals with matters relevant to the Magistrates Courts; or\nthe judicial officer, or the principal judicial officer if there is more than 1 judicial officer, in the court, or the system of courts, to which the matters dealt with in the report are relevant.\n(sec.65-ssec.1) This section applies to a commission report about— the procedures and operations of a State court; or the procedures and practices of the registry or administrative offices of a State court.\n(sec.65-ssec.2) The report may be given only to— the Chief Justice, if the report deals with matters relevant to the Supreme Court; or the Chief Judge of the District Court, if the report deals with matters relevant to the District Court; or the President of the Childrens Court, if the report deals with matters relevant to the Childrens Court; or the Chief Magistrate, if the report deals with matters relevant to the Magistrates Courts; or the judicial officer, or the principal judicial officer if there is more than 1 judicial officer, in the court, or the system of courts, to which the matters dealt with in the report are relevant.\n- (a) the procedures and operations of a State court; or\n- (b) the procedures and practices of the registry or administrative offices of a State court.\n- (a) the Chief Justice, if the report deals with matters relevant to the Supreme Court; or\n- (b) the Chief Judge of the District Court, if the report deals with matters relevant to the District Court; or\n- (c) the President of the Childrens Court, if the report deals with matters relevant to the Childrens Court; or\n- (d) the Chief Magistrate, if the report deals with matters relevant to the Magistrates Courts; or\n- (e) the judicial officer, or the principal judicial officer if there is more than 1 judicial officer, in the court, or the system of courts, to which the matters dealt with in the report are relevant.","sortOrder":119},{"sectionNumber":"ch.2-pt.6-div.2A","sectionType":"division","heading":"Public statements about particular corruption matters","content":"## Public statements about particular corruption matters","sortOrder":120},{"sectionNumber":"sec.65A","sectionType":"section","heading":"Public statements","content":"### sec.65A Public statements\n\nThe commission may make a statement to the public about a corruption matter (a public statement ).\nA public statement may be made in the way the commission considers appropriate.\nissuing a media release\nmaking a verbal statement at a press conference\npublishing information on the commission’s website\nA public statement must not include any recommendations in relation to a corruption matter other than a recommendation included in a commission report on the corruption matter that has been tabled in the Legislative Assembly, or published, under section 69 .\nSee also section 48B .\nIn making a decision about making a public statement about a corruption matter under subsection (1) , including the information to be included in the statement, the commission must consider the following matters—\nthe need for accountability and transparency in government and the public sector;\nwhether the statement will be for the public benefit;\nwhether the commission has finalised its assessment of the corruption matter, and any action taken in relation to the corruption matter, under section 46 ;\nthe seriousness of the corruption matter;\nwhether the statement may prejudice—\nany proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or\nan investigation by the commission or other law enforcement agency;\nwhether the statement is the most appropriate and suitable means of releasing information about the corruption matter to the public;\nto provide information about a procedural step taken by the commission in relation to a complaint about, or information or matter involving, corruption\nto provide factual information about the outcome of a charge or other proceeding resulting from a corruption investigation\nif a person’s identity is readily apparent, or can reasonably be ascertained, from the statement—\nwhether the standing and status of the person warrants greater public scrutiny; and\nthe person holds a senior role in the public service\nthe person is an independent statutory office holder\nthe person is an elected official\nwhether the statement may unreasonably damage the person’s health, safety or wellbeing; and\nthe seriousness of the person’s conduct; and\nwhether the person consents to being identified; and\nwhether the statement may unreasonably interfere with the person’s privacy or reputation;\nany other relevant matter.\nSubsection (4) does not limit or otherwise affect—\nthe operation of section 57 ; or\nthe application of any other law to the commission’s decision.\nHuman Rights Act 2019 , section 58\nThis section does not limit section 174 , other than to the extent mentioned in section 174 (3) .\nIn this section—\ninformation , for a statement, includes—\nany comments and other material that may be included in the statement; and\na fair statement of a person’s submission that must be included in the statement under section 69B (5) or 69D (4) .\ns 65A ins 2025 No. 7 s 15\n(sec.65A-ssec.1) The commission may make a statement to the public about a corruption matter (a public statement ).\n(sec.65A-ssec.2) A public statement may be made in the way the commission considers appropriate. issuing a media release making a verbal statement at a press conference publishing information on the commission’s website\n(sec.65A-ssec.3) A public statement must not include any recommendations in relation to a corruption matter other than a recommendation included in a commission report on the corruption matter that has been tabled in the Legislative Assembly, or published, under section 69 . See also section 48B .\n(sec.65A-ssec.4) In making a decision about making a public statement about a corruption matter under subsection (1) , including the information to be included in the statement, the commission must consider the following matters— the need for accountability and transparency in government and the public sector; whether the statement will be for the public benefit; whether the commission has finalised its assessment of the corruption matter, and any action taken in relation to the corruption matter, under section 46 ; the seriousness of the corruption matter; whether the statement may prejudice— any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or an investigation by the commission or other law enforcement agency; whether the statement is the most appropriate and suitable means of releasing information about the corruption matter to the public; to provide information about a procedural step taken by the commission in relation to a complaint about, or information or matter involving, corruption to provide factual information about the outcome of a charge or other proceeding resulting from a corruption investigation if a person’s identity is readily apparent, or can reasonably be ascertained, from the statement— whether the standing and status of the person warrants greater public scrutiny; and the person holds a senior role in the public service the person is an independent statutory office holder the person is an elected official whether the statement may unreasonably damage the person’s health, safety or wellbeing; and the seriousness of the person’s conduct; and whether the person consents to being identified; and whether the statement may unreasonably interfere with the person’s privacy or reputation; any other relevant matter.\n(sec.65A-ssec.5) Subsection (4) does not limit or otherwise affect— the operation of section 57 ; or the application of any other law to the commission’s decision. Human Rights Act 2019 , section 58\n(sec.65A-ssec.6) This section does not limit section 174 , other than to the extent mentioned in section 174 (3) .\n(sec.65A-ssec.7) In this section— information , for a statement, includes— any comments and other material that may be included in the statement; and a fair statement of a person’s submission that must be included in the statement under section 69B (5) or 69D (4) .\n- • issuing a media release\n- • making a verbal statement at a press conference\n- • publishing information on the commission’s website\n- (a) the need for accountability and transparency in government and the public sector;\n- (b) whether the statement will be for the public benefit;\n- (c) whether the commission has finalised its assessment of the corruption matter, and any action taken in relation to the corruption matter, under section 46 ;\n- (d) the seriousness of the corruption matter;\n- (e) whether the statement may prejudice— (i) any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or (ii) an investigation by the commission or other law enforcement agency;\n- (i) any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or\n- (ii) an investigation by the commission or other law enforcement agency;\n- (f) whether the statement is the most appropriate and suitable means of releasing information about the corruption matter to the public; Examples of when a public statement may be the most appropriate and suitable means of releasing information— • to provide information about a procedural step taken by the commission in relation to a complaint about, or information or matter involving, corruption • to provide factual information about the outcome of a charge or other proceeding resulting from a corruption investigation\n- • to provide information about a procedural step taken by the commission in relation to a complaint about, or information or matter involving, corruption\n- • to provide factual information about the outcome of a charge or other proceeding resulting from a corruption investigation\n- (g) if a person’s identity is readily apparent, or can reasonably be ascertained, from the statement— (i) whether the standing and status of the person warrants greater public scrutiny; and Examples— • the person holds a senior role in the public service • the person is an independent statutory office holder • the person is an elected official (ii) whether the statement may unreasonably damage the person’s health, safety or wellbeing; and (iii) the seriousness of the person’s conduct; and (iv) whether the person consents to being identified; and (v) whether the statement may unreasonably interfere with the person’s privacy or reputation;\n- (i) whether the standing and status of the person warrants greater public scrutiny; and Examples— • the person holds a senior role in the public service • the person is an independent statutory office holder • the person is an elected official\n- • the person holds a senior role in the public service\n- • the person is an independent statutory office holder\n- • the person is an elected official\n- (ii) whether the statement may unreasonably damage the person’s health, safety or wellbeing; and\n- (iii) the seriousness of the person’s conduct; and\n- (iv) whether the person consents to being identified; and\n- (v) whether the statement may unreasonably interfere with the person’s privacy or reputation;\n- (h) any other relevant matter.\n- (i) any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or\n- (ii) an investigation by the commission or other law enforcement agency;\n- • to provide information about a procedural step taken by the commission in relation to a complaint about, or information or matter involving, corruption\n- • to provide factual information about the outcome of a charge or other proceeding resulting from a corruption investigation\n- (i) whether the standing and status of the person warrants greater public scrutiny; and Examples— • the person holds a senior role in the public service • the person is an independent statutory office holder • the person is an elected official\n- • the person holds a senior role in the public service\n- • the person is an independent statutory office holder\n- • the person is an elected official\n- (ii) whether the statement may unreasonably damage the person’s health, safety or wellbeing; and\n- (iii) the seriousness of the person’s conduct; and\n- (iv) whether the person consents to being identified; and\n- (v) whether the statement may unreasonably interfere with the person’s privacy or reputation;\n- • the person holds a senior role in the public service\n- • the person is an independent statutory office holder\n- • the person is an elected official\n- (a) the operation of section 57 ; or\n- (b) the application of any other law to the commission’s decision. Example of another law that may apply to the commission’s decision— Human Rights Act 2019 , section 58\n- (a) any comments and other material that may be included in the statement; and\n- (b) a fair statement of a person’s submission that must be included in the statement under section 69B (5) or 69D (4) .","sortOrder":121},{"sectionNumber":"ch.2-pt.6-div.3","sectionType":"division","heading":"Confidential information","content":"## Confidential information","sortOrder":122},{"sectionNumber":"sec.66","sectionType":"section","heading":"Maintaining confidentiality of information","content":"### sec.66 Maintaining confidentiality of information\n\nDespite any other provision of this Act or another law about reporting, or the making of a statement to the public, if the commission considers that confidentiality should be strictly maintained in relation to information in its possession ( confidential information )—\nthe commission need not make a report or statement on the matter to which the information is relevant; or\nif the commission makes a report or statement on the matter, it need not disclose the confidential information or refer to it in the report or statement.\nIf the commission decides not to make a report or statement to which confidential information is relevant or, in a report or statement, decides not to disclose or refer to confidential information, the commission—\nmay disclose the confidential information in a separate document to be given to—\nthe Speaker; and\nthe Minister; and\nmust disclose the confidential information in a separate document to be given to the parliamentary committee.\nA member of the parliamentary committee or a person appointed, engaged or assigned to help the committee must not disclose confidential information disclosed to the parliamentary committee or person under subsection (2) (b) until the commission advises the committee there is no longer a need to strictly maintain confidentiality in relation to the information.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nDespite subsection (2) (b) , the commission may refuse to disclose information to the parliamentary committee if—\na majority of the commissioners considers confidentiality should continue to be strictly maintained in relation to the information; and\nthe commission gives the committee reasons for the decision in as much detail as possible.\nA document mentioned in subsection (2) (a) or (b) is not a commission report for section 69 .\nIn this section—\nreport includes a draft report mentioned in section 69B (2) (a) (i) (A) or 69D (2) (a) (i) (A) .\nstatement includes a draft statement mentioned in section 69B (2) (a) (ii) (A) or 69D (2) (a) (ii) (A) .\ns 66 amd 2025 No. 7 s 16\n(sec.66-ssec.1) Despite any other provision of this Act or another law about reporting, or the making of a statement to the public, if the commission considers that confidentiality should be strictly maintained in relation to information in its possession ( confidential information )— the commission need not make a report or statement on the matter to which the information is relevant; or if the commission makes a report or statement on the matter, it need not disclose the confidential information or refer to it in the report or statement.\n(sec.66-ssec.2) If the commission decides not to make a report or statement to which confidential information is relevant or, in a report or statement, decides not to disclose or refer to confidential information, the commission— may disclose the confidential information in a separate document to be given to— the Speaker; and the Minister; and must disclose the confidential information in a separate document to be given to the parliamentary committee.\n(sec.66-ssec.3) A member of the parliamentary committee or a person appointed, engaged or assigned to help the committee must not disclose confidential information disclosed to the parliamentary committee or person under subsection (2) (b) until the commission advises the committee there is no longer a need to strictly maintain confidentiality in relation to the information. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.66-ssec.4) Despite subsection (2) (b) , the commission may refuse to disclose information to the parliamentary committee if— a majority of the commissioners considers confidentiality should continue to be strictly maintained in relation to the information; and the commission gives the committee reasons for the decision in as much detail as possible.\n(sec.66-ssec.5) A document mentioned in subsection (2) (a) or (b) is not a commission report for section 69 .\n(sec.66-ssec.6) In this section— report includes a draft report mentioned in section 69B (2) (a) (i) (A) or 69D (2) (a) (i) (A) . statement includes a draft statement mentioned in section 69B (2) (a) (ii) (A) or 69D (2) (a) (ii) (A) .\n- (a) the commission need not make a report or statement on the matter to which the information is relevant; or\n- (b) if the commission makes a report or statement on the matter, it need not disclose the confidential information or refer to it in the report or statement.\n- (a) may disclose the confidential information in a separate document to be given to— (i) the Speaker; and (ii) the Minister; and\n- (i) the Speaker; and\n- (ii) the Minister; and\n- (b) must disclose the confidential information in a separate document to be given to the parliamentary committee.\n- (i) the Speaker; and\n- (ii) the Minister; and\n- (a) a majority of the commissioners considers confidentiality should continue to be strictly maintained in relation to the information; and\n- (b) the commission gives the committee reasons for the decision in as much detail as possible.","sortOrder":123},{"sectionNumber":"sec.67","sectionType":"section","heading":"Register of confidential information","content":"### sec.67 Register of confidential information\n\nThe commission must maintain a register of information withheld under section 66 (4) and advise the parliamentary committee immediately after the need to strictly maintain confidentiality in relation to the information ends.\nThe parliamentary committee or a person appointed, engaged or assigned to help the committee who is authorised for the purpose by the committee may, at any time, inspect in the register information the commission has advised the committee is no longer required to be strictly maintained as confidential.\nThe parliamentary commissioner may inspect information on the register at any time, regardless of whether the commission has advised the parliamentary committee the information is no longer required to be strictly maintained as confidential.\nThe parliamentary committee may not require the parliamentary commissioner to disclose to the committee information inspected by the commissioner on the register, unless the commission has advised the committee the information is no longer required to be strictly maintained as confidential.\n(sec.67-ssec.1) The commission must maintain a register of information withheld under section 66 (4) and advise the parliamentary committee immediately after the need to strictly maintain confidentiality in relation to the information ends.\n(sec.67-ssec.2) The parliamentary committee or a person appointed, engaged or assigned to help the committee who is authorised for the purpose by the committee may, at any time, inspect in the register information the commission has advised the committee is no longer required to be strictly maintained as confidential.\n(sec.67-ssec.3) The parliamentary commissioner may inspect information on the register at any time, regardless of whether the commission has advised the parliamentary committee the information is no longer required to be strictly maintained as confidential.\n(sec.67-ssec.4) The parliamentary committee may not require the parliamentary commissioner to disclose to the committee information inspected by the commissioner on the register, unless the commission has advised the committee the information is no longer required to be strictly maintained as confidential.","sortOrder":124},{"sectionNumber":"sec.68","sectionType":"section","heading":"Giving of reasons","content":"### sec.68 Giving of reasons\n\nInformation or reasons mentioned in section 66 (2) or (4) or 67 (1) —\nmay be given in writing or orally; and\nare not a commission report or part of a commission report for section 69 .\ns 68 amd 2025 No. 7 s 17\n- (a) may be given in writing or orally; and\n- (b) are not a commission report or part of a commission report for section 69 .","sortOrder":125},{"sectionNumber":"ch.2-pt.6-div.4","sectionType":"division","heading":"Tabling requirements","content":"## Tabling requirements","sortOrder":126},{"sectionNumber":"sec.69","sectionType":"section","heading":"Commission reports to be tabled","content":"### sec.69 Commission reports to be tabled\n\nA commission report, signed by the chairperson, must be given to—\nthe chairperson of the parliamentary committee; and\nthe Speaker; and\nthe Minister.\nThe Speaker must table the report in the Legislative Assembly on the next sitting day after the Speaker receives the report.\nIf the Speaker receives the report when the Legislative Assembly is not sitting, the Speaker must deliver the report and any accompanying document to the clerk of the Parliament.\nThe clerk must authorise the report and any accompanying document to be published.\nA report published under subsection (4) is taken, for all purposes, to have been tabled in and published by order of the Legislative Assembly and is to be granted all the immunities and privileges of a report so tabled and published.\nThis section does not apply to a commission report to which section 65 applies.\ns 69 amd 2003 No. 8 s 17 sch ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) ; 2025 No. 7 s 18\n(sec.69-ssec.1) A commission report, signed by the chairperson, must be given to— the chairperson of the parliamentary committee; and the Speaker; and the Minister.\n(sec.69-ssec.2) The Speaker must table the report in the Legislative Assembly on the next sitting day after the Speaker receives the report.\n(sec.69-ssec.3) If the Speaker receives the report when the Legislative Assembly is not sitting, the Speaker must deliver the report and any accompanying document to the clerk of the Parliament.\n(sec.69-ssec.4) The clerk must authorise the report and any accompanying document to be published.\n(sec.69-ssec.5) A report published under subsection (4) is taken, for all purposes, to have been tabled in and published by order of the Legislative Assembly and is to be granted all the immunities and privileges of a report so tabled and published.\n(sec.69-ssec.6) This section does not apply to a commission report to which section 65 applies.\n- (a) the chairperson of the parliamentary committee; and\n- (b) the Speaker; and\n- (c) the Minister.","sortOrder":127},{"sectionNumber":"ch.2-pt.6-div.4A","sectionType":"division","heading":"Procedural provisions","content":"## Procedural provisions","sortOrder":128},{"sectionNumber":"sec.69A","sectionType":"section","heading":"Definitions for division","content":"### sec.69A Definitions for division\n\nIn this division—\nadverse comment , about a person, means adverse comment, whether true or not, by any person, including the commission, about a person whose identity is readily apparent, or can reasonably be ascertained, regardless of whether the person is identified by name.\nrelated evidence , in relation to adverse comment about a person, means evidence and other information or material in the possession of the commission on which the adverse comment about the person is based.\nrelated evidence summary see section 69B (2) (b) .\nrelevant person , in relation to a commission report, means the chairperson of the parliamentary committee, the Speaker or the Minister.\ns 69A ins 2025 No. 7 s 19","sortOrder":129},{"sectionNumber":"sec.69B","sectionType":"section","heading":"Adverse comment","content":"### sec.69B Adverse comment\n\nThis section applies if the commission proposes to make an adverse comment about a person in—\na commission report required to be tabled in the Legislative Assembly, or published, under section 69 ; or\na public statement.\nWithout limiting the commission’s obligation to provide procedural fairness to the person, before the commission gives the commission report to a relevant person or makes the public statement, the commission must—\ngive the person—\nin relation to a commission report—\na copy of the report in draft form (the draft report ); or\nan extract from the draft report containing the adverse comment; or\nin relation to a public statement—\na copy of the statement in draft form (the draft statement ); or\nif the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\ngive the person a copy of any related evidence, or a summary of the substance or significant part of any related evidence (a related evidence summary ), that is not contained in the draft report or extract from the draft report, or the draft statement or part of the draft statement; and\ngive the person a written notice—\ninviting the person to make a submission to the commission on—\nthe draft report or extract from the draft report, or the draft statement or part of the draft statement; and\nthe related evidence or related evidence summary; and\nstating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.\nWithin 14 days after receiving the notice, the person may apply to the commission for an extension of time, of no more than 60 days unless there are exceptional circumstances, in which to make a submission.\nThe commission must consider any submission received from the person by the day stated in the notice or within any extended time for making a submission granted by the commission or the Supreme Court under section 69C .\nIf after considering a submission under subsection (4) the commission still proposes to include adverse comment about the person in the commission report or public statement, the commission must ensure the person’s submission is also fairly stated in the report or statement.\nIf the commission proposes to include further adverse comment about the person in the commission report or public statement, in addition to the adverse comment mentioned in subsection (1) , subsections (2) to (5) apply to the further adverse comment.\nSubsection (2) does not apply in relation to a public statement if—\nthe statement only provides a factual and objective summary of a commission report; and\nthe commission has complied with this section in relation to the report.\nTo remove any doubt, it is declared that subsection (2) (b) does not require the commission to give a person a copy of evidence and other information or material in its possession if the commission considers the confidentiality of the evidence, information or material should be strictly maintained.\ns 69B ins 2025 No. 7 s 19\n(sec.69B-ssec.1) This section applies if the commission proposes to make an adverse comment about a person in— a commission report required to be tabled in the Legislative Assembly, or published, under section 69 ; or a public statement.\n(sec.69B-ssec.2) Without limiting the commission’s obligation to provide procedural fairness to the person, before the commission gives the commission report to a relevant person or makes the public statement, the commission must— give the person— in relation to a commission report— a copy of the report in draft form (the draft report ); or an extract from the draft report containing the adverse comment; or in relation to a public statement— a copy of the statement in draft form (the draft statement ); or if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and give the person a copy of any related evidence, or a summary of the substance or significant part of any related evidence (a related evidence summary ), that is not contained in the draft report or extract from the draft report, or the draft statement or part of the draft statement; and give the person a written notice— inviting the person to make a submission to the commission on— the draft report or extract from the draft report, or the draft statement or part of the draft statement; and the related evidence or related evidence summary; and stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.\n(sec.69B-ssec.3) Within 14 days after receiving the notice, the person may apply to the commission for an extension of time, of no more than 60 days unless there are exceptional circumstances, in which to make a submission.\n(sec.69B-ssec.4) The commission must consider any submission received from the person by the day stated in the notice or within any extended time for making a submission granted by the commission or the Supreme Court under section 69C .\n(sec.69B-ssec.5) If after considering a submission under subsection (4) the commission still proposes to include adverse comment about the person in the commission report or public statement, the commission must ensure the person’s submission is also fairly stated in the report or statement.\n(sec.69B-ssec.6) If the commission proposes to include further adverse comment about the person in the commission report or public statement, in addition to the adverse comment mentioned in subsection (1) , subsections (2) to (5) apply to the further adverse comment.\n(sec.69B-ssec.7) Subsection (2) does not apply in relation to a public statement if— the statement only provides a factual and objective summary of a commission report; and the commission has complied with this section in relation to the report.\n(sec.69B-ssec.8) To remove any doubt, it is declared that subsection (2) (b) does not require the commission to give a person a copy of evidence and other information or material in its possession if the commission considers the confidentiality of the evidence, information or material should be strictly maintained.\n- (a) a commission report required to be tabled in the Legislative Assembly, or published, under section 69 ; or\n- (b) a public statement.\n- (a) give the person— (i) in relation to a commission report— (A) a copy of the report in draft form (the draft report ); or (B) an extract from the draft report containing the adverse comment; or (ii) in relation to a public statement— (A) a copy of the statement in draft form (the draft statement ); or (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\n- (i) in relation to a commission report— (A) a copy of the report in draft form (the draft report ); or (B) an extract from the draft report containing the adverse comment; or\n- (A) a copy of the report in draft form (the draft report ); or\n- (B) an extract from the draft report containing the adverse comment; or\n- (ii) in relation to a public statement— (A) a copy of the statement in draft form (the draft statement ); or (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\n- (A) a copy of the statement in draft form (the draft statement ); or\n- (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\n- (b) give the person a copy of any related evidence, or a summary of the substance or significant part of any related evidence (a related evidence summary ), that is not contained in the draft report or extract from the draft report, or the draft statement or part of the draft statement; and\n- (c) give the person a written notice— (i) inviting the person to make a submission to the commission on— (A) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and (B) the related evidence or related evidence summary; and (ii) stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.\n- (i) inviting the person to make a submission to the commission on— (A) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and (B) the related evidence or related evidence summary; and\n- (A) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and\n- (B) the related evidence or related evidence summary; and\n- (ii) stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.\n- (i) in relation to a commission report— (A) a copy of the report in draft form (the draft report ); or (B) an extract from the draft report containing the adverse comment; or\n- (A) a copy of the report in draft form (the draft report ); or\n- (B) an extract from the draft report containing the adverse comment; or\n- (ii) in relation to a public statement— (A) a copy of the statement in draft form (the draft statement ); or (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\n- (A) a copy of the statement in draft form (the draft statement ); or\n- (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\n- (A) a copy of the report in draft form (the draft report ); or\n- (B) an extract from the draft report containing the adverse comment; or\n- (A) a copy of the statement in draft form (the draft statement ); or\n- (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\n- (i) inviting the person to make a submission to the commission on— (A) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and (B) the related evidence or related evidence summary; and\n- (A) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and\n- (B) the related evidence or related evidence summary; and\n- (ii) stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.\n- (A) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and\n- (B) the related evidence or related evidence summary; and\n- (a) the statement only provides a factual and objective summary of a commission report; and\n- (b) the commission has complied with this section in relation to the report.","sortOrder":130},{"sectionNumber":"sec.69C","sectionType":"section","heading":"Application to court for extension of time to make submission","content":"### sec.69C Application to court for extension of time to make submission\n\nThis section applies if—\na person applies for an extension of time under section 69B (3) (the extension application ); and\nthe commission decides to refuse the extension application.\nThe commission must give the person an information notice for its decision.\nWithin 14 days after receiving the information notice, the person may apply to the Supreme Court to decide the extension application.\nThe commission must not give the commission report to a relevant person or make the public statement before—\nthe end of the period in which a person may apply to the Supreme Court under subsection (3) ; or\nif an application is made under subsection (3) —the application is decided or withdrawn.\nThe Supreme Court must deal with an application under subsection (3) expeditiously.\nThe application may be heard in closed court.\nThe Supreme Court may hear the application in any way it considers appropriate, including, for example, by hearing the matter afresh.\nOn hearing the application, the Supreme Court may—\naffirm the commission’s decision; or\nset aside the commission’s decision and grant an extension of time, of no more than 60 days unless there are exceptional circumstances, within which the person may make a submission to the commission on—\nthe draft report or extract from the draft report, or the draft statement or part of the draft statement; and\nthe related evidence or related evidence summary.\nThe Supreme Court must give reasons for the court’s decision, which may be given orally.\nIn this section—\ninformation notice , for a decision, means a written notice stating the following information—\nthe decision;\nthe reasons for the decision;\nthat the person to whom the notice is given may apply to the Supreme Court under subsection (3) in relation to the decision;\nhow, and the period within which, the application may be made;\nthe effect of subsection (4) .\ns 69C ins 2025 No. 7 s 19\n(sec.69C-ssec.1) This section applies if— a person applies for an extension of time under section 69B (3) (the extension application ); and the commission decides to refuse the extension application.\n(sec.69C-ssec.2) The commission must give the person an information notice for its decision.\n(sec.69C-ssec.3) Within 14 days after receiving the information notice, the person may apply to the Supreme Court to decide the extension application.\n(sec.69C-ssec.4) The commission must not give the commission report to a relevant person or make the public statement before— the end of the period in which a person may apply to the Supreme Court under subsection (3) ; or if an application is made under subsection (3) —the application is decided or withdrawn.\n(sec.69C-ssec.5) The Supreme Court must deal with an application under subsection (3) expeditiously.\n(sec.69C-ssec.6) The application may be heard in closed court.\n(sec.69C-ssec.7) The Supreme Court may hear the application in any way it considers appropriate, including, for example, by hearing the matter afresh.\n(sec.69C-ssec.8) On hearing the application, the Supreme Court may— affirm the commission’s decision; or set aside the commission’s decision and grant an extension of time, of no more than 60 days unless there are exceptional circumstances, within which the person may make a submission to the commission on— the draft report or extract from the draft report, or the draft statement or part of the draft statement; and the related evidence or related evidence summary.\n(sec.69C-ssec.9) The Supreme Court must give reasons for the court’s decision, which may be given orally.\n(sec.69C-ssec.10) In this section— information notice , for a decision, means a written notice stating the following information— the decision; the reasons for the decision; that the person to whom the notice is given may apply to the Supreme Court under subsection (3) in relation to the decision; how, and the period within which, the application may be made; the effect of subsection (4) .\n- (a) a person applies for an extension of time under section 69B (3) (the extension application ); and\n- (b) the commission decides to refuse the extension application.\n- (a) the end of the period in which a person may apply to the Supreme Court under subsection (3) ; or\n- (b) if an application is made under subsection (3) —the application is decided or withdrawn.\n- (a) affirm the commission’s decision; or\n- (b) set aside the commission’s decision and grant an extension of time, of no more than 60 days unless there are exceptional circumstances, within which the person may make a submission to the commission on— (i) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and (ii) the related evidence or related evidence summary.\n- (i) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and\n- (ii) the related evidence or related evidence summary.\n- (i) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and\n- (ii) the related evidence or related evidence summary.\n- (a) the decision;\n- (b) the reasons for the decision;\n- (c) that the person to whom the notice is given may apply to the Supreme Court under subsection (3) in relation to the decision;\n- (d) how, and the period within which, the application may be made;\n- (e) the effect of subsection (4) .","sortOrder":131},{"sectionNumber":"sec.69D","sectionType":"section","heading":"Other identifying information","content":"### sec.69D Other identifying information\n\nThis section applies if—\nthe commission proposes to include identifying information about a person in—\na commission report required to be tabled in the Legislative Assembly, or published, under section 69 ; or\na public statement; and\nsection 69B does not apply.\nBefore the commission report is given to a relevant person or the public statement is made, the commission may—\ngive the person—\nin relation to a commission report—\na copy of the report in draft form (the draft report ); or\nan extract from the draft report containing the identifying information; or\nin relation to a public statement—\na copy of the statement in draft form (the draft statement ); or\nif the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\ngive the person a written notice—\ninviting the person to make a submission to the commission on the draft report or extract from the draft report, or the draft statement or part of the draft statement; and\nstating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.\nThe commission must consider any submission received from the person by the day stated in the notice.\nIf the person makes a submission to the commission in response to the notice mentioned in subsection (2) (b) and the commission still proposes to include the identifying information in the commission report or public statement, the commission must ensure the person’s submission is also fairly stated in the report or statement.\nIn this section—\nidentifying information means any comment, information, opinion or other material that identifies a person or from which a person can reasonably be identified.\ns 69D ins 2025 No. 7 s 19\n(sec.69D-ssec.1) This section applies if— the commission proposes to include identifying information about a person in— a commission report required to be tabled in the Legislative Assembly, or published, under section 69 ; or a public statement; and section 69B does not apply.\n(sec.69D-ssec.2) Before the commission report is given to a relevant person or the public statement is made, the commission may— give the person— in relation to a commission report— a copy of the report in draft form (the draft report ); or an extract from the draft report containing the identifying information; or in relation to a public statement— a copy of the statement in draft form (the draft statement ); or if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and give the person a written notice— inviting the person to make a submission to the commission on the draft report or extract from the draft report, or the draft statement or part of the draft statement; and stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.\n(sec.69D-ssec.3) The commission must consider any submission received from the person by the day stated in the notice.\n(sec.69D-ssec.4) If the person makes a submission to the commission in response to the notice mentioned in subsection (2) (b) and the commission still proposes to include the identifying information in the commission report or public statement, the commission must ensure the person’s submission is also fairly stated in the report or statement.\n(sec.69D-ssec.5) In this section— identifying information means any comment, information, opinion or other material that identifies a person or from which a person can reasonably be identified.\n- (a) the commission proposes to include identifying information about a person in— (i) a commission report required to be tabled in the Legislative Assembly, or published, under section 69 ; or (ii) a public statement; and\n- (i) a commission report required to be tabled in the Legislative Assembly, or published, under section 69 ; or\n- (ii) a public statement; and\n- (b) section 69B does not apply.\n- (i) a commission report required to be tabled in the Legislative Assembly, or published, under section 69 ; or\n- (ii) a public statement; and\n- (a) give the person— (i) in relation to a commission report— (A) a copy of the report in draft form (the draft report ); or (B) an extract from the draft report containing the identifying information; or (ii) in relation to a public statement— (A) a copy of the statement in draft form (the draft statement ); or (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\n- (i) in relation to a commission report— (A) a copy of the report in draft form (the draft report ); or (B) an extract from the draft report containing the identifying information; or\n- (A) a copy of the report in draft form (the draft report ); or\n- (B) an extract from the draft report containing the identifying information; or\n- (ii) in relation to a public statement— (A) a copy of the statement in draft form (the draft statement ); or (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\n- (A) a copy of the statement in draft form (the draft statement ); or\n- (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\n- (b) give the person a written notice— (i) inviting the person to make a submission to the commission on the draft report or extract from the draft report, or the draft statement or part of the draft statement; and (ii) stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.\n- (i) inviting the person to make a submission to the commission on the draft report or extract from the draft report, or the draft statement or part of the draft statement; and\n- (ii) stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.\n- (i) in relation to a commission report— (A) a copy of the report in draft form (the draft report ); or (B) an extract from the draft report containing the identifying information; or\n- (A) a copy of the report in draft form (the draft report ); or\n- (B) an extract from the draft report containing the identifying information; or\n- (ii) in relation to a public statement— (A) a copy of the statement in draft form (the draft statement ); or (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\n- (A) a copy of the statement in draft form (the draft statement ); or\n- (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\n- (A) a copy of the report in draft form (the draft report ); or\n- (B) an extract from the draft report containing the identifying information; or\n- (A) a copy of the statement in draft form (the draft statement ); or\n- (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and\n- (i) inviting the person to make a submission to the commission on the draft report or extract from the draft report, or the draft statement or part of the draft statement; and\n- (ii) stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.","sortOrder":132},{"sectionNumber":"ch.2-pt.6-div.5","sectionType":"division","heading":"General","content":"## General","sortOrder":133},{"sectionNumber":"sec.70","sectionType":"section","heading":"Giving material to tribunal inquiring into judge’s misbehaviour or incapacity","content":"### sec.70 Giving material to tribunal inquiring into judge’s misbehaviour or incapacity\n\nThis section applies if a tribunal established under the Constitution of Queensland 2001 , section 61 is inquiring into whether a Supreme Court judge or a District Court judge has misbehaved in a way that justifies removal from a judicial office or is incapable of performing the duties of a judicial office.\nAt the tribunal’s request, the commission must give the tribunal all material in the commission’s possession relevant to the subject of the tribunal’s inquiry, including any relevant report of the commission.\ns 70 sub 2001 No. 80 s 94 sch 2\n(sec.70-ssec.1) This section applies if a tribunal established under the Constitution of Queensland 2001 , section 61 is inquiring into whether a Supreme Court judge or a District Court judge has misbehaved in a way that justifies removal from a judicial office or is incapable of performing the duties of a judicial office.\n(sec.70-ssec.2) At the tribunal’s request, the commission must give the tribunal all material in the commission’s possession relevant to the subject of the tribunal’s inquiry, including any relevant report of the commission.","sortOrder":134},{"sectionNumber":"sec.71","sectionType":"section","heading":"Giving other information to parliamentary committee","content":"### sec.71 Giving other information to parliamentary committee\n\nThe commission may, with the parliamentary committee’s consent, give the parliamentary committee information, orally or in writing, whether or not at the request of the committee, that is not included in a commission report given to the chairperson of the committee under section 69 .\ns 71 amd 2025 No. 7 s 20","sortOrder":135},{"sectionNumber":"sec.71A","sectionType":"section","heading":null,"content":"### Section sec.71A\n\ns 71A ins 2018 No. 29 s 17\nom 2025 No. 7 s 21","sortOrder":136},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Particular powers to require information or attendance","content":"# Particular powers to require information or attendance","sortOrder":137},{"sectionNumber":"ch.3-pt.1-div.1","sectionType":"division","heading":"Production powers","content":"## Production powers","sortOrder":138},{"sectionNumber":"sec.72","sectionType":"section","heading":"Application of subdivision","content":"### sec.72 Application of subdivision\n\nThis subdivision applies for the following—\na crime investigation;\na specific intelligence operation (crime);\na corruption investigation;\na specific intelligence operation (corruption);\nthe witness protection function.\ns 72 amd 2013 No. 64 s 24 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\nsub 2024 No. 41 s 12\n- (a) a crime investigation;\n- (b) a specific intelligence operation (crime);\n- (c) a corruption investigation;\n- (d) a specific intelligence operation (corruption);\n- (e) the witness protection function.","sortOrder":139},{"sectionNumber":"sec.73","sectionType":"section","heading":"Notice to produce","content":"### sec.73 Notice to produce\n\nThis section applies if the chairperson reasonably suspects a person possesses a document or thing relevant to an investigation, operation or function.\nThe chairperson may require the person, by giving the person a notice (a notice to produce ), to give an identified commission officer the document or thing.\nA reference to a document in subsection (2) includes a reference to a copy of the document.\nThe notice to produce must state a reasonable period within which, and the way, the person is required to produce the document or thing under the notice.\nThe notice to produce may be given whether or not the commission is conducting a hearing for the investigation, operation or function.\nIf the notice to produce is given in the context of the witness protection function, the notice may be given only if the chairperson considers it is necessary to protect—\nthe security of a protected person; or\nthe integrity of the witness protection program or other witness protection activities of the commission.\ns 73 amd 2002 No. 68 s 283 sch 3 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) – (2)\nsub 2024 No. 41 s 12\n(sec.73-ssec.1) This section applies if the chairperson reasonably suspects a person possesses a document or thing relevant to an investigation, operation or function.\n(sec.73-ssec.2) The chairperson may require the person, by giving the person a notice (a notice to produce ), to give an identified commission officer the document or thing.\n(sec.73-ssec.3) A reference to a document in subsection (2) includes a reference to a copy of the document.\n(sec.73-ssec.4) The notice to produce must state a reasonable period within which, and the way, the person is required to produce the document or thing under the notice.\n(sec.73-ssec.5) The notice to produce may be given whether or not the commission is conducting a hearing for the investigation, operation or function.\n(sec.73-ssec.6) If the notice to produce is given in the context of the witness protection function, the notice may be given only if the chairperson considers it is necessary to protect— the security of a protected person; or the integrity of the witness protection program or other witness protection activities of the commission.\n- (a) the security of a protected person; or\n- (b) the integrity of the witness protection program or other witness protection activities of the commission.","sortOrder":140},{"sectionNumber":"sec.74","sectionType":"section","heading":"Immediate production","content":"### sec.74 Immediate production\n\nDespite section 73 (4) , a notice to produce may require a document or thing to be produced immediately if the chairperson believes on reasonable grounds that—\ndelay in producing the document or thing may result in—\nits destruction, removal or concealment; or\nserious prejudice to the conduct of the investigation, operation or function; or\nfor a notice given in the context of a specific intelligence operation (crime), delay in producing the document or thing may result in loss of an opportunity to obtain timely intelligence—\nbefore a significant event; or\nthat may help prevent a risk to public safety; or\nfor a notice given in the context of the witness protection function, delay in producing the document or thing may threaten—\nthe security of a protected person; or\nthe integrity of the witness protection program or other witness protection activities of the commission.\ns 74 amd 2002 No. 68 ss 287 , 283 sch 3 ; 2006 No. 41 s 5 ; 2013 No. 64 s 26 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) ; 2016 No. 62 s 39\nsub 2024 No. 41 s 12\n- (a) delay in producing the document or thing may result in— (i) its destruction, removal or concealment; or (ii) serious prejudice to the conduct of the investigation, operation or function; or\n- (i) its destruction, removal or concealment; or\n- (ii) serious prejudice to the conduct of the investigation, operation or function; or\n- (b) for a notice given in the context of a specific intelligence operation (crime), delay in producing the document or thing may result in loss of an opportunity to obtain timely intelligence— (i) before a significant event; or (ii) that may help prevent a risk to public safety; or\n- (i) before a significant event; or\n- (ii) that may help prevent a risk to public safety; or\n- (c) for a notice given in the context of the witness protection function, delay in producing the document or thing may threaten— (i) the security of a protected person; or (ii) the integrity of the witness protection program or other witness protection activities of the commission.\n- (i) the security of a protected person; or\n- (ii) the integrity of the witness protection program or other witness protection activities of the commission.\n- (i) its destruction, removal or concealment; or\n- (ii) serious prejudice to the conduct of the investigation, operation or function; or\n- (i) before a significant event; or\n- (ii) that may help prevent a risk to public safety; or\n- (i) the security of a protected person; or\n- (ii) the integrity of the witness protection program or other witness protection activities of the commission.","sortOrder":141},{"sectionNumber":"sec.74A","sectionType":"section","heading":null,"content":"### Section sec.74A\n\ns 74A ins 2002 No. 68 s 288\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\nom 2024 No. 41 s 12","sortOrder":142},{"sectionNumber":"sec.75","sectionType":"section","heading":"Form of notice to produce","content":"### sec.75 Form of notice to produce\n\nA notice to produce must state that it relates to—\na crime investigation; or\na specific intelligence operation (crime); or\na corruption investigation; or\na specific intelligence operation (corruption); or\nfor a notice to produce in relation to the witness protection function—a crime investigation.\nThe notice to produce may state—\nthat a person acting for the person to whom the notice is directed may comply with the notice; and\nthe person or class of person who may act for the person to whom the notice is directed.\nThe notice to produce must—\nidentify the document or thing sufficiently to enable the person to know what is required; and\nstate how the person may make a claim of reasonable excuse.\ns 75 amd 2002 No. 68 s 283 sch 3 ; 2009 No. 24 s 1400 ; 2013 No. 64 s 28 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\nsub 2024 No. 41 s 12\n(sec.75-ssec.1) A notice to produce must state that it relates to— a crime investigation; or a specific intelligence operation (crime); or a corruption investigation; or a specific intelligence operation (corruption); or for a notice to produce in relation to the witness protection function—a crime investigation.\n(sec.75-ssec.2) The notice to produce may state— that a person acting for the person to whom the notice is directed may comply with the notice; and the person or class of person who may act for the person to whom the notice is directed.\n(sec.75-ssec.3) The notice to produce must— identify the document or thing sufficiently to enable the person to know what is required; and state how the person may make a claim of reasonable excuse.\n- (a) a crime investigation; or\n- (b) a specific intelligence operation (crime); or\n- (c) a corruption investigation; or\n- (d) a specific intelligence operation (corruption); or\n- (e) for a notice to produce in relation to the witness protection function—a crime investigation.\n- (a) that a person acting for the person to whom the notice is directed may comply with the notice; and\n- (b) the person or class of person who may act for the person to whom the notice is directed.\n- (a) identify the document or thing sufficiently to enable the person to know what is required; and\n- (b) state how the person may make a claim of reasonable excuse.","sortOrder":143},{"sectionNumber":"sec.75A","sectionType":"section","heading":null,"content":"### Section sec.75A\n\ns 75A ins 2006 No. 41 s 6\namd 2013 No. 45 s 12 ; 2014 No. 21 s 94 (1) sch 1\nom 2024 No. 41 s 12","sortOrder":144},{"sectionNumber":"sec.75B","sectionType":"section","heading":null,"content":"### Section sec.75B\n\ns 75B ins 2006 No. 41 s 6\namd 2013 No. 45 s 13 ; 2014 No. 21 s 94 (1) sch 1\nom 2024 No. 41 s 12","sortOrder":145},{"sectionNumber":"sec.76","sectionType":"section","heading":"Offence not to comply with notice to produce","content":"### sec.76 Offence not to comply with notice to produce\n\nA person given a notice to produce under section 73 must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nIf a claim of reasonable excuse is made, the claim is dealt with under chapter 4A .\nA person does not commit an offence against subsection (1) if the person has made a claim of reasonable excuse and 1 of the following applies—\nthe commission withdraws the requirement the subject of the notice to produce;\nthe commission is ordered by the Supreme Court to withdraw the requirement the subject of the notice to produce.\nIt is not a reasonable excuse for subsection (1) that complying with the notice to produce might tend to incriminate the person.\nIf a claim of self-incrimination privilege is made, the claim is dealt with under chapter 4A .\ns 76 amd 2009 No. 48 s 131\nsub 2024 No. 41 s 12\n(sec.76-ssec.1) A person given a notice to produce under section 73 must comply with the notice unless the person has a reasonable excuse. Maximum penalty—85 penalty units or 1 year’s imprisonment. If a claim of reasonable excuse is made, the claim is dealt with under chapter 4A .\n(sec.76-ssec.2) A person does not commit an offence against subsection (1) if the person has made a claim of reasonable excuse and 1 of the following applies— the commission withdraws the requirement the subject of the notice to produce; the commission is ordered by the Supreme Court to withdraw the requirement the subject of the notice to produce.\n(sec.76-ssec.3) It is not a reasonable excuse for subsection (1) that complying with the notice to produce might tend to incriminate the person. If a claim of self-incrimination privilege is made, the claim is dealt with under chapter 4A .\n- (a) the commission withdraws the requirement the subject of the notice to produce;\n- (b) the commission is ordered by the Supreme Court to withdraw the requirement the subject of the notice to produce.","sortOrder":146},{"sectionNumber":"sec.77","sectionType":"section","heading":"Miscellaneous","content":"### sec.77 Miscellaneous\n\nA person does not, by complying with a notice to produce in relation to a document or thing—\ncontravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the document or thing; or\nincur any civil liability in relation to the document or thing.\nA document or thing produced under this subdivision is taken to have been seized under a search warrant under part 2 .\ns 77 sub 2024 No. 41 s 12\n(sec.77-ssec.1) A person does not, by complying with a notice to produce in relation to a document or thing— contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the document or thing; or incur any civil liability in relation to the document or thing.\n(sec.77-ssec.2) A document or thing produced under this subdivision is taken to have been seized under a search warrant under part 2 .\n- (a) contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the document or thing; or\n- (b) incur any civil liability in relation to the document or thing.","sortOrder":147},{"sectionNumber":"sec.78","sectionType":"section","heading":"Application of subdivision","content":"### sec.78 Application of subdivision\n\nThis subdivision applies for a confiscation related investigation.\ns 78 amd 2002 No. 68 s 283 sch 3 ; 2009 No. 48 s 132\nsub 2024 No. 41 s 12","sortOrder":148},{"sectionNumber":"sec.78A","sectionType":"section","heading":null,"content":"### Section sec.78A\n\ns 78A ins 2002 No. 68 s 289\namd 2009 No. 48 s 131\nom 2024 No. 41 s 12","sortOrder":149},{"sectionNumber":"sec.78B","sectionType":"section","heading":null,"content":"### Section sec.78B\n\ns 78B ins s 2002 No. 68 s 289\nom 2024 No. 41 s 12","sortOrder":150},{"sectionNumber":"sec.78C","sectionType":"section","heading":null,"content":"### Section sec.78C\n\ns 78C ins 2002 No. 68 s 289\nom 2024 No. 41 s 12","sortOrder":151},{"sectionNumber":"sec.79","sectionType":"section","heading":"Notice to produce","content":"### sec.79 Notice to produce\n\nThis section applies if the chairperson believes on reasonable grounds that a person possesses a document or thing relevant to a confiscation related investigation.\nThe chairperson may require the person, by giving the person a notice (a notice to produce ), to give an identified commission officer the document or thing.\nThe notice to produce must state a reasonable period within which, and the way, the person is required to produce the document or thing under the notice.\ns 79 amd 2009 No. 48 s 131\nsub 2024 No. 41 s 12\n(sec.79-ssec.1) This section applies if the chairperson believes on reasonable grounds that a person possesses a document or thing relevant to a confiscation related investigation.\n(sec.79-ssec.2) The chairperson may require the person, by giving the person a notice (a notice to produce ), to give an identified commission officer the document or thing.\n(sec.79-ssec.3) The notice to produce must state a reasonable period within which, and the way, the person is required to produce the document or thing under the notice.","sortOrder":152},{"sectionNumber":"sec.80","sectionType":"section","heading":"Immediate production","content":"### sec.80 Immediate production\n\nDespite section 79 (3) , a notice to produce may require a document or thing to be produced immediately if the chairperson believes on reasonable grounds that delay in producing the document or thing may result in—\nits destruction, removal or concealment; or\nserious prejudice to the conduct of the investigation.\ns 80 amd 2002 No. 68 s 283 sch 3\nsub 2024 No. 41 s 12\n- (a) its destruction, removal or concealment; or\n- (b) serious prejudice to the conduct of the investigation.","sortOrder":153},{"sectionNumber":"sec.81","sectionType":"section","heading":"Form of notice to produce","content":"### sec.81 Form of notice to produce\n\nThe notice to produce may state—\nthat a person acting for the person to whom it is directed may comply with the notice; and\nthe person or class of person who may act for the person to whom the notice is directed.\nThe notice to produce must—\nidentify the document or thing sufficiently to enable the person to know what is required; and\nstate how the person may make a claim of reasonable excuse.\ns 81 amd 2002 No. 68 s 283 sch 3\nsub 2024 No. 41 s 12\n(sec.81-ssec.1) The notice to produce may state— that a person acting for the person to whom it is directed may comply with the notice; and the person or class of person who may act for the person to whom the notice is directed.\n(sec.81-ssec.2) The notice to produce must— identify the document or thing sufficiently to enable the person to know what is required; and state how the person may make a claim of reasonable excuse.\n- (a) that a person acting for the person to whom it is directed may comply with the notice; and\n- (b) the person or class of person who may act for the person to whom the notice is directed.\n- (a) identify the document or thing sufficiently to enable the person to know what is required; and\n- (b) state how the person may make a claim of reasonable excuse.","sortOrder":154},{"sectionNumber":"sec.81A","sectionType":"section","heading":"Offence not to comply with notice to produce","content":"### sec.81A Offence not to comply with notice to produce\n\nA person given a notice to produce under section 79 must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nIf a claim of reasonable excuse based on privilege is made, the claim is dealt with under chapter 4A , part 6 .\nA person does not commit an offence against subsection (1) if the person has made a claim of reasonable excuse based on privilege and 1 of the following applies—\nthe commission withdraws the requirement the subject of the notice to produce;\nthe commission is ordered by the Supreme Court to withdraw the requirement the subject of the notice to produce.\nIt is not a reasonable excuse for subsection (1) that complying with the notice to produce might tend to incriminate the person.\nIf a claim of self-incrimination privilege is made, the claim is dealt with under chapter 4A , part 6 .\ns 81A ins 2024 No. 41 s 12\n(sec.81A-ssec.1) A person given a notice to produce under section 79 must comply with the notice unless the person has a reasonable excuse. Maximum penalty—85 penalty units or 1 year’s imprisonment. If a claim of reasonable excuse based on privilege is made, the claim is dealt with under chapter 4A , part 6 .\n(sec.81A-ssec.2) A person does not commit an offence against subsection (1) if the person has made a claim of reasonable excuse based on privilege and 1 of the following applies— the commission withdraws the requirement the subject of the notice to produce; the commission is ordered by the Supreme Court to withdraw the requirement the subject of the notice to produce.\n(sec.81A-ssec.3) It is not a reasonable excuse for subsection (1) that complying with the notice to produce might tend to incriminate the person. If a claim of self-incrimination privilege is made, the claim is dealt with under chapter 4A , part 6 .\n- (a) the commission withdraws the requirement the subject of the notice to produce;\n- (b) the commission is ordered by the Supreme Court to withdraw the requirement the subject of the notice to produce.","sortOrder":155},{"sectionNumber":"sec.81B","sectionType":"section","heading":"Miscellaneous","content":"### sec.81B Miscellaneous\n\nA person does not, by complying with a notice to produce in relation to a document or thing—\ncontravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the document or thing; or\nincur any civil liability in relation to the document or thing.\nA document or thing produced under this subdivision is taken to have been seized under a search warrant under part 2 .\ns 81B ins 2024 No. 41 s 12\n(sec.81B-ssec.1) A person does not, by complying with a notice to produce in relation to a document or thing— contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the document or thing; or incur any civil liability in relation to the document or thing.\n(sec.81B-ssec.2) A document or thing produced under this subdivision is taken to have been seized under a search warrant under part 2 .\n- (a) contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the document or thing; or\n- (b) incur any civil liability in relation to the document or thing.","sortOrder":156},{"sectionNumber":"sec.81C","sectionType":"section","heading":"Application of subdivision","content":"### sec.81C Application of subdivision\n\nThis subdivision applies for the following—\na crime investigation;\na specific intelligence operation (crime);\na corruption investigation;\na specific intelligence operation (corruption).\ns 81C ins 2024 No. 41 s 12\n- (a) a crime investigation;\n- (b) a specific intelligence operation (crime);\n- (c) a corruption investigation;\n- (d) a specific intelligence operation (corruption).","sortOrder":157},{"sectionNumber":"sec.81D","sectionType":"section","heading":"Power to require immediate production","content":"### sec.81D Power to require immediate production\n\nThis section applies if the presiding officer at a commission hearing believes on reasonable grounds that a witness at the hearing possesses a document or thing relevant to the investigation or operation.\nThe presiding officer may require the witness to produce the document or thing immediately (an immediate production requirement (hearing) ).\nFor the offence of refusal to produce the document or thing, see section 185 .\nThe presiding officer may adjourn the hearing to allow the witness to comply with the immediate production requirement (hearing).\nThe witness does not, by complying with the immediate production requirement (hearing)—\ncontravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the document or thing; or\nincur any civil liability in relation to the document or thing.\ns 81D ins 2024 No. 41 s 12\n(sec.81D-ssec.1) This section applies if the presiding officer at a commission hearing believes on reasonable grounds that a witness at the hearing possesses a document or thing relevant to the investigation or operation.\n(sec.81D-ssec.2) The presiding officer may require the witness to produce the document or thing immediately (an immediate production requirement (hearing) ). For the offence of refusal to produce the document or thing, see section 185 .\n(sec.81D-ssec.3) The presiding officer may adjourn the hearing to allow the witness to comply with the immediate production requirement (hearing).\n(sec.81D-ssec.4) The witness does not, by complying with the immediate production requirement (hearing)— contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the document or thing; or incur any civil liability in relation to the document or thing.\n- (a) contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the document or thing; or\n- (b) incur any civil liability in relation to the document or thing.","sortOrder":158},{"sectionNumber":"ch.3-pt.1-div.2","sectionType":"division","heading":"Discovery powers","content":"## Discovery powers","sortOrder":159},{"sectionNumber":"sec.81E","sectionType":"section","heading":"Notice to discover—crime investigation or specific intelligence operation (crime)","content":"### sec.81E Notice to discover—crime investigation or specific intelligence operation (crime)\n\nThis section applies if the chairperson reasonably suspects that a unit of public administration possesses information relevant to a crime investigation or specific intelligence operation (crime).\nThe chairperson may require a person holding an appointment in the unit of public administration, by giving the person a notice (a notice to discover ), to give an identified commission officer an oral or written statement of the information.\nThe notice to discover may be given whether or not the commission is conducting a hearing for the investigation or operation.\nThe chairperson may require the person—\nto give an oral statement of information under oath; or\nto give a written statement of information by way of statutory declaration.\ns 81E ins 2024 No. 41 s 12\n(sec.81E-ssec.1) This section applies if the chairperson reasonably suspects that a unit of public administration possesses information relevant to a crime investigation or specific intelligence operation (crime).\n(sec.81E-ssec.2) The chairperson may require a person holding an appointment in the unit of public administration, by giving the person a notice (a notice to discover ), to give an identified commission officer an oral or written statement of the information.\n(sec.81E-ssec.3) The notice to discover may be given whether or not the commission is conducting a hearing for the investigation or operation.\n(sec.81E-ssec.4) The chairperson may require the person— to give an oral statement of information under oath; or to give a written statement of information by way of statutory declaration.\n- (a) to give an oral statement of information under oath; or\n- (b) to give a written statement of information by way of statutory declaration.","sortOrder":160},{"sectionNumber":"sec.81F","sectionType":"section","heading":"Notice to discover—corruption investigation or specific intelligence operation (corruption)","content":"### sec.81F Notice to discover—corruption investigation or specific intelligence operation (corruption)\n\nThis section applies if the chairperson reasonably suspects a person possesses information relevant to a corruption investigation or specific intelligence operation (corruption).\nThe chairperson may require the person, by giving the person a notice (a notice to discover ), to give an identified commission officer an oral or written statement of the information.\nThe notice to discover may be given whether or not the commission is conducting a hearing for the investigation or operation.\nThe chairperson may require the person—\nto give an oral statement of information under oath; or\nto give a written statement of information by way of statutory declaration.\ns 81F ins 2024 No. 41 s 12\n(sec.81F-ssec.1) This section applies if the chairperson reasonably suspects a person possesses information relevant to a corruption investigation or specific intelligence operation (corruption).\n(sec.81F-ssec.2) The chairperson may require the person, by giving the person a notice (a notice to discover ), to give an identified commission officer an oral or written statement of the information.\n(sec.81F-ssec.3) The notice to discover may be given whether or not the commission is conducting a hearing for the investigation or operation.\n(sec.81F-ssec.4) The chairperson may require the person— to give an oral statement of information under oath; or to give a written statement of information by way of statutory declaration.\n- (a) to give an oral statement of information under oath; or\n- (b) to give a written statement of information by way of statutory declaration.","sortOrder":161},{"sectionNumber":"sec.81G","sectionType":"section","heading":"Form of notice to discover","content":"### sec.81G Form of notice to discover\n\nA notice to discover must—\nstate that it relates to—\na crime investigation; or\na specific intelligence operation (crime); or\na corruption investigation; or\na specific intelligence operation (corruption); and\nidentify the general nature of the information sought by reference to a particular matter or particular type of information; and\nstate a reasonable period within which the information is to be given; and\nwithout limiting section 81E (4) or 81F (4) , state the way in which the information is to be given; and\nstate how the person given the notice may make a claim of reasonable excuse.\nA notice to discover may state—\nthat a person acting for the person to whom it is directed may comply with the notice; and\nthe person or class of person who may act for the person to whom the notice is directed.\ns 81G ins 2024 No. 41 s 12\n(sec.81G-ssec.1) A notice to discover must— state that it relates to— a crime investigation; or a specific intelligence operation (crime); or a corruption investigation; or a specific intelligence operation (corruption); and identify the general nature of the information sought by reference to a particular matter or particular type of information; and state a reasonable period within which the information is to be given; and without limiting section 81E (4) or 81F (4) , state the way in which the information is to be given; and state how the person given the notice may make a claim of reasonable excuse.\n(sec.81G-ssec.2) A notice to discover may state— that a person acting for the person to whom it is directed may comply with the notice; and the person or class of person who may act for the person to whom the notice is directed.\n- (a) state that it relates to— (i) a crime investigation; or (ii) a specific intelligence operation (crime); or (iii) a corruption investigation; or (iv) a specific intelligence operation (corruption); and\n- (i) a crime investigation; or\n- (ii) a specific intelligence operation (crime); or\n- (iii) a corruption investigation; or\n- (iv) a specific intelligence operation (corruption); and\n- (b) identify the general nature of the information sought by reference to a particular matter or particular type of information; and\n- (c) state a reasonable period within which the information is to be given; and\n- (d) without limiting section 81E (4) or 81F (4) , state the way in which the information is to be given; and\n- (e) state how the person given the notice may make a claim of reasonable excuse.\n- (i) a crime investigation; or\n- (ii) a specific intelligence operation (crime); or\n- (iii) a corruption investigation; or\n- (iv) a specific intelligence operation (corruption); and\n- (a) that a person acting for the person to whom it is directed may comply with the notice; and\n- (b) the person or class of person who may act for the person to whom the notice is directed.","sortOrder":162},{"sectionNumber":"sec.81H","sectionType":"section","heading":"Offence not to comply with notice to discover","content":"### sec.81H Offence not to comply with notice to discover\n\nA person given a notice to discover under section 81E or 81F must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nIf a claim of reasonable excuse is made, the claim is dealt with under chapter 4A .\nA person does not commit an offence against subsection (1) if the person has made a claim of reasonable excuse and 1 of the following applies—\nthe commission withdraws the requirement the subject of the notice to discover;\nthe commission is ordered by the Supreme Court to withdraw the requirement the subject of the notice to discover.\nIt is not a reasonable excuse for subsection (1) that complying with the notice to discover might tend to incriminate the person.\nIf a claim of self-incrimination privilege is made, the claim is dealt with under chapter 4A .\ns 81H ins 2024 No. 41 s 12\n(sec.81H-ssec.1) A person given a notice to discover under section 81E or 81F must comply with the notice unless the person has a reasonable excuse. Maximum penalty—85 penalty units or 1 year’s imprisonment. If a claim of reasonable excuse is made, the claim is dealt with under chapter 4A .\n(sec.81H-ssec.2) A person does not commit an offence against subsection (1) if the person has made a claim of reasonable excuse and 1 of the following applies— the commission withdraws the requirement the subject of the notice to discover; the commission is ordered by the Supreme Court to withdraw the requirement the subject of the notice to discover.\n(sec.81H-ssec.3) It is not a reasonable excuse for subsection (1) that complying with the notice to discover might tend to incriminate the person. If a claim of self-incrimination privilege is made, the claim is dealt with under chapter 4A .\n- (a) the commission withdraws the requirement the subject of the notice to discover;\n- (b) the commission is ordered by the Supreme Court to withdraw the requirement the subject of the notice to discover.","sortOrder":163},{"sectionNumber":"sec.81I","sectionType":"section","heading":"Miscellaneous","content":"### sec.81I Miscellaneous\n\nA person does not, by complying with a notice to discover in relation to information—\ncontravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the information; or\nincur any civil liability in relation to the information.\ns 81I ins 2024 No. 41 s 12\n- (a) contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the information; or\n- (b) incur any civil liability in relation to the information.","sortOrder":164},{"sectionNumber":"ch.3-pt.1-div.3","sectionType":"division","heading":"Legal professional privilege","content":"## Legal professional privilege","sortOrder":165},{"sectionNumber":"sec.81J","sectionType":"section","heading":"Waiver of claim of legal professional privilege","content":"### sec.81J Waiver of claim of legal professional privilege\n\nA claim of legal professional privilege is not a reasonable excuse for a person for an offence against section 76 (1) , 81A (1) or 81H (1) if—\nthe person has authority to waive the privilege and waives it; or\nthe privilege is waived by a person having authority to waive it.\nSee chapter 4A , part 5 for the procedure for a claim of legal professional privilege by a person where the person has no authority to waive the privilege.\ns 81J ins 2024 No. 41 s 12\n- (a) the person has authority to waive the privilege and waives it; or\n- (b) the privilege is waived by a person having authority to waive it.","sortOrder":166},{"sectionNumber":"ch.3-pt.1-div.3A","sectionType":"division","heading":"Entry and search powers","content":"## Entry and search powers","sortOrder":167},{"sectionNumber":"sec.81K","sectionType":"section","heading":"Application of division","content":"### sec.81K Application of division\n\nThis division applies for a corruption investigation.\ns 81K ins 2024 No. 41 s 12","sortOrder":168},{"sectionNumber":"sec.81L","sectionType":"section","heading":"Authorisation of entry and search of official premises","content":"### sec.81L Authorisation of entry and search of official premises\n\nThe chairperson may, by notice, authorise a commission officer to enter and search official premises for the purposes of the corruption investigation.\nOfficial premises are premises occupied or used by, or for the official purposes of, a unit of public administration, but do not include any part of premises occupied or used by, or for the purposes of, a State court.\nIf asked by the occupier of the official premises, or a person acting for the occupier, a commission officer who exercises powers under the chairperson’s authority must produce the authority for inspection by the occupier or person.\ns 81L ins 2024 No. 41 s 12\n(sec.81L-ssec.1) The chairperson may, by notice, authorise a commission officer to enter and search official premises for the purposes of the corruption investigation.\n(sec.81L-ssec.2) Official premises are premises occupied or used by, or for the official purposes of, a unit of public administration, but do not include any part of premises occupied or used by, or for the purposes of, a State court.\n(sec.81L-ssec.3) If asked by the occupier of the official premises, or a person acting for the occupier, a commission officer who exercises powers under the chairperson’s authority must produce the authority for inspection by the occupier or person.","sortOrder":169},{"sectionNumber":"sec.81M","sectionType":"section","heading":"Power to enter and search etc.","content":"### sec.81M Power to enter and search etc.\n\nA commission officer authorised to enter and search official premises under section 81L may—\nenter and search the official premises; or\ninspect any document or thing found in or on official premises that is, or might be, relevant to the corruption investigation; or\nseize and remove from official premises any document or thing found in or on the premises that is relevant to a corruption investigation; or\nmake copies of or take extracts from a document mentioned in paragraph (b) or (c) ; or\nrequire a person holding an appointment in a unit of public administration to give the officer reasonable help to exercise the powers mentioned in paragraphs (b) to (d) .\nHowever, the commission officer must not exercise a power under subsection (1) (b) , (c) or (d) if the chief executive officer of the unit of public administration, or a person authorised by the chief executive officer for the purpose, claims that the document or thing is subject to privilege.\nIf a claim of privilege is made, the claim is dealt with under chapter 4A .\ns 81M ins 2024 No. 41 s 12\n(sec.81M-ssec.1) A commission officer authorised to enter and search official premises under section 81L may— enter and search the official premises; or inspect any document or thing found in or on official premises that is, or might be, relevant to the corruption investigation; or seize and remove from official premises any document or thing found in or on the premises that is relevant to a corruption investigation; or make copies of or take extracts from a document mentioned in paragraph (b) or (c) ; or require a person holding an appointment in a unit of public administration to give the officer reasonable help to exercise the powers mentioned in paragraphs (b) to (d) .\n(sec.81M-ssec.2) However, the commission officer must not exercise a power under subsection (1) (b) , (c) or (d) if the chief executive officer of the unit of public administration, or a person authorised by the chief executive officer for the purpose, claims that the document or thing is subject to privilege. If a claim of privilege is made, the claim is dealt with under chapter 4A .\n- (a) enter and search the official premises; or\n- (b) inspect any document or thing found in or on official premises that is, or might be, relevant to the corruption investigation; or\n- (c) seize and remove from official premises any document or thing found in or on the premises that is relevant to a corruption investigation; or\n- (d) make copies of or take extracts from a document mentioned in paragraph (b) or (c) ; or\n- (e) require a person holding an appointment in a unit of public administration to give the officer reasonable help to exercise the powers mentioned in paragraphs (b) to (d) .","sortOrder":170},{"sectionNumber":"sec.81N","sectionType":"section","heading":"Miscellaneous","content":"### sec.81N Miscellaneous\n\nA person does not, by allowing the exercise of a power under section 81M in relation to a document or thing—\ncontravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the document or thing; or\nincur any civil liability in relation to the document or thing.\ns 81N ins 2024 No. 41 s 12\n- (a) contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the document or thing; or\n- (b) incur any civil liability in relation to the document or thing.","sortOrder":171},{"sectionNumber":"ch.3-pt.1-div.4","sectionType":"division","heading":"Notice to attend","content":"## Notice to attend","sortOrder":172},{"sectionNumber":"sec.82","sectionType":"section","heading":"Notice to attend hearing—general","content":"### sec.82 Notice to attend hearing—general\n\nThe chairperson may issue a notice ( attendance notice ) requiring a person to attend at a commission hearing at a stated time and place for 1 or more of the following purposes until excused—\nfor a hearing in relation to a crime investigation or corruption investigation—\nto give evidence; or\nto produce a stated document or thing;\nfor an intelligence function hearing—\nto give evidence; or\nto produce a stated document or thing.\nFor a reasonable excuse for not producing the document or thing, see section 186 .\nAn attendance notice must state—\nwhether it is issued in the context of—\na crime investigation; or\na corruption investigation; or\nthe intelligence function; and\nso far as reasonably practicable, the general nature of the matters about which the person may be questioned at the commission hearing.\nA person does not, by giving evidence or producing a stated document or thing at a hearing in compliance with an attendance notice—\ncontravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the evidence, document or thing; or\nincur any civil liability in relation to the evidence, document or thing.\nA failure to comply with subsection (2) (b) does not prevent the commission from questioning the person about—\nfor an attendance notice issued in the context of a crime investigation or corruption investigation—any matter that relates to an investigation; or\nfor an attendance notice issued in the context of an intelligence function hearing—any matter that relates to the matter for which the attendance notice was issued.\nA person given an attendance notice must not—\nfail, without reasonable excuse, to attend as required by the notice; or\nfail, without reasonable excuse, to continue to attend as required by the presiding officer until excused from further attendance.\nMaximum penalty—200 penalty units or 5 years imprisonment.\nAn offence against subsection (5) is a misdemeanour.\nIf the commission hearing is being held under an authorisation under section 55D , the chairperson may issue an attendance notice requiring a person to attend immediately at the commission hearing at a stated place.\nThis section, other than subsection (7) , is subject to section 85 .\ns 82 amd 2002 No. 68 s 283 sch 3 ; 2006 No. 41 s 7 ; 2013 No. 45 s 14 ; 2013 No. 64 s 31 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) ; 2016 No. 62 s 40 ; 2024 No. 41 s 13\n(sec.82-ssec.1) The chairperson may issue a notice ( attendance notice ) requiring a person to attend at a commission hearing at a stated time and place for 1 or more of the following purposes until excused— for a hearing in relation to a crime investigation or corruption investigation— to give evidence; or to produce a stated document or thing; for an intelligence function hearing— to give evidence; or to produce a stated document or thing. For a reasonable excuse for not producing the document or thing, see section 186 .\n(sec.82-ssec.2) An attendance notice must state— whether it is issued in the context of— a crime investigation; or a corruption investigation; or the intelligence function; and so far as reasonably practicable, the general nature of the matters about which the person may be questioned at the commission hearing.\n(sec.82-ssec.3) A person does not, by giving evidence or producing a stated document or thing at a hearing in compliance with an attendance notice— contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the evidence, document or thing; or incur any civil liability in relation to the evidence, document or thing.\n(sec.82-ssec.4) A failure to comply with subsection (2) (b) does not prevent the commission from questioning the person about— for an attendance notice issued in the context of a crime investigation or corruption investigation—any matter that relates to an investigation; or for an attendance notice issued in the context of an intelligence function hearing—any matter that relates to the matter for which the attendance notice was issued.\n(sec.82-ssec.5) A person given an attendance notice must not— fail, without reasonable excuse, to attend as required by the notice; or fail, without reasonable excuse, to continue to attend as required by the presiding officer until excused from further attendance. Maximum penalty—200 penalty units or 5 years imprisonment.\n(sec.82-ssec.6) An offence against subsection (5) is a misdemeanour.\n(sec.82-ssec.7) If the commission hearing is being held under an authorisation under section 55D , the chairperson may issue an attendance notice requiring a person to attend immediately at the commission hearing at a stated place.\n(sec.82-ssec.8) This section, other than subsection (7) , is subject to section 85 .\n- (a) for a hearing in relation to a crime investigation or corruption investigation— (i) to give evidence; or (ii) to produce a stated document or thing;\n- (i) to give evidence; or\n- (ii) to produce a stated document or thing;\n- (b) for an intelligence function hearing— (i) to give evidence; or (ii) to produce a stated document or thing.\n- (i) to give evidence; or\n- (ii) to produce a stated document or thing.\n- (i) to give evidence; or\n- (ii) to produce a stated document or thing;\n- (i) to give evidence; or\n- (ii) to produce a stated document or thing.\n- (a) whether it is issued in the context of— (i) a crime investigation; or (ii) a corruption investigation; or (iii) the intelligence function; and\n- (i) a crime investigation; or\n- (ii) a corruption investigation; or\n- (iii) the intelligence function; and\n- (b) so far as reasonably practicable, the general nature of the matters about which the person may be questioned at the commission hearing.\n- (i) a crime investigation; or\n- (ii) a corruption investigation; or\n- (iii) the intelligence function; and\n- (a) contravene a provision of an Act or a law imposing a statutory or commercial obligation or restriction to maintain secrecy in relation to the evidence, document or thing; or\n- (b) incur any civil liability in relation to the evidence, document or thing.\n- (a) for an attendance notice issued in the context of a crime investigation or corruption investigation—any matter that relates to an investigation; or\n- (b) for an attendance notice issued in the context of an intelligence function hearing—any matter that relates to the matter for which the attendance notice was issued.\n- (a) fail, without reasonable excuse, to attend as required by the notice; or\n- (b) fail, without reasonable excuse, to continue to attend as required by the presiding officer until excused from further attendance.","sortOrder":173},{"sectionNumber":"sec.83","sectionType":"section","heading":"Notice to attend hearing—prisoner, patient or forensic disability client","content":"### sec.83 Notice to attend hearing—prisoner, patient or forensic disability client\n\nIf the attendance before the commission of a prisoner is required, the chairperson may, by notice given to the chief executive (corrective services), direct that chief executive to produce the prisoner named in the notice at a stated time and place.\nIf the attendance before the commission of a patient detained in an authorised mental health service under the Mental Health Act 2016 is required, the chairman may, by notice given to the administrator of the service, direct the administrator to produce the patient named in the notice at a stated time and place.\nIf the attendance before the commission of a forensic disability client detained in the forensic disability service is required, the chairperson may, by notice given to the forensic disability service administrator, direct the forensic disability service administrator to produce the client named in the notice at a stated time and place.\nA direction mentioned in subsection (1) , (2) or (2A) is lawful authority to the person to whom it is given for production of the prisoner, patient or forensic disability client as directed.\nThe person to whom the direction is given must comply with the direction.\nA prisoner, patient or forensic disability client produced under this section remains in the custody of the chief executive (corrective services), hospital administrator or forensic disability service administrator.\nIn this section—\nadministrator , of an authorised mental health service, see the Mental Health Act 2016 , schedule 3 .\nauthorised mental health service see the Mental Health Act 2016 , schedule 3 .\nforensic disability client means a forensic disability client within the meaning of the Forensic Disability Act 2011 .\nforensic disability service means the forensic disability service within the meaning of the Forensic Disability Act 2011 .\nforensic disability service administrator means the administrator within the meaning of the Forensic Disability Act 2011 .\nprisoner means a person in the custody of the chief executive (corrective services).\ns 83 amd 2011 No. 13 s 170 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) ; 2016 No. 5 s 923 sch 4\n(sec.83-ssec.1) If the attendance before the commission of a prisoner is required, the chairperson may, by notice given to the chief executive (corrective services), direct that chief executive to produce the prisoner named in the notice at a stated time and place.\n(sec.83-ssec.2) If the attendance before the commission of a patient detained in an authorised mental health service under the Mental Health Act 2016 is required, the chairman may, by notice given to the administrator of the service, direct the administrator to produce the patient named in the notice at a stated time and place.\n(sec.83-ssec.2A) If the attendance before the commission of a forensic disability client detained in the forensic disability service is required, the chairperson may, by notice given to the forensic disability service administrator, direct the forensic disability service administrator to produce the client named in the notice at a stated time and place.\n(sec.83-ssec.3) A direction mentioned in subsection (1) , (2) or (2A) is lawful authority to the person to whom it is given for production of the prisoner, patient or forensic disability client as directed.\n(sec.83-ssec.4) The person to whom the direction is given must comply with the direction.\n(sec.83-ssec.5) A prisoner, patient or forensic disability client produced under this section remains in the custody of the chief executive (corrective services), hospital administrator or forensic disability service administrator.\n(sec.83-ssec.6) In this section— administrator , of an authorised mental health service, see the Mental Health Act 2016 , schedule 3 . authorised mental health service see the Mental Health Act 2016 , schedule 3 . forensic disability client means a forensic disability client within the meaning of the Forensic Disability Act 2011 . forensic disability service means the forensic disability service within the meaning of the Forensic Disability Act 2011 . forensic disability service administrator means the administrator within the meaning of the Forensic Disability Act 2011 . prisoner means a person in the custody of the chief executive (corrective services).","sortOrder":174},{"sectionNumber":"ch.3-pt.1-div.5","sectionType":"division","heading":"Confidential documents","content":"## Confidential documents","sortOrder":175},{"sectionNumber":"sec.84","sectionType":"section","heading":"Notice may be a confidential document","content":"### sec.84 Notice may be a confidential document\n\nA notice given by the chairperson under this part may provide that it is a confidential document.\ns 84 amd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) ; 2024 No. 41 s 14","sortOrder":176},{"sectionNumber":"ch.3-pt.1-div.6","sectionType":"division","heading":"Restriction on power","content":"## Restriction on power","sortOrder":177},{"sectionNumber":"sec.85","sectionType":"section","heading":"Notices requiring immediate attendance may be issued only by or with the approval of a Supreme Court judge","content":"### sec.85 Notices requiring immediate attendance may be issued only by or with the approval of a Supreme Court judge\n\nThe chairperson may issue an attendance notice requiring a person to attend immediately at a commission hearing at a stated place only with the approval of a Supreme Court judge.\nThe judge may approve the issue of the attendance notice only if the judge is satisfied, on reasonable grounds, that—\nfor a notice issued in the context of a crime investigation or corruption investigation, delay in attendance might result in—\nthe commission of an offence; or\nan offender or suspected offender absconding; or\nthe loss or destruction of evidence; or\nserious prejudice to the conduct of an investigation being conducted by the commission; or\nfor a notice issued in the context of an intelligence function hearing under an authorisation under section 55A , delay in attendance might result in the loss of an opportunity to obtain timely intelligence—\nin advance of a significant event; or\nthat may help prevent a risk to public safety.\nAn attendance notice issued under section 82 (7) that requires the immediate attendance of someone at a commission hearing does not require the court’s approval under this section.\nSubsection (4) applies to an attendance notice issued in the context of a crime investigation or corruption investigation or the performance of the intelligence function under an authorisation under section 55A .\nThe notice need not state the general nature of the matters about which the person may be questioned if the chairperson is satisfied that, in the particular circumstances of the investigation or the performance of the function, stating the matters would prejudice the effectiveness of the investigation or the performance of the function.\ns 85 amd 2006 No. 41 s 8 ; 2013 No. 45 s 15 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) ; 2024 No. 41 s 15\n(sec.85-ssec.1) The chairperson may issue an attendance notice requiring a person to attend immediately at a commission hearing at a stated place only with the approval of a Supreme Court judge.\n(sec.85-ssec.2) The judge may approve the issue of the attendance notice only if the judge is satisfied, on reasonable grounds, that— for a notice issued in the context of a crime investigation or corruption investigation, delay in attendance might result in— the commission of an offence; or an offender or suspected offender absconding; or the loss or destruction of evidence; or serious prejudice to the conduct of an investigation being conducted by the commission; or for a notice issued in the context of an intelligence function hearing under an authorisation under section 55A , delay in attendance might result in the loss of an opportunity to obtain timely intelligence— in advance of a significant event; or that may help prevent a risk to public safety. An attendance notice issued under section 82 (7) that requires the immediate attendance of someone at a commission hearing does not require the court’s approval under this section.\n(sec.85-ssec.3) Subsection (4) applies to an attendance notice issued in the context of a crime investigation or corruption investigation or the performance of the intelligence function under an authorisation under section 55A .\n(sec.85-ssec.4) The notice need not state the general nature of the matters about which the person may be questioned if the chairperson is satisfied that, in the particular circumstances of the investigation or the performance of the function, stating the matters would prejudice the effectiveness of the investigation or the performance of the function.\n- (a) for a notice issued in the context of a crime investigation or corruption investigation, delay in attendance might result in— (i) the commission of an offence; or (ii) an offender or suspected offender absconding; or (iii) the loss or destruction of evidence; or (iv) serious prejudice to the conduct of an investigation being conducted by the commission; or\n- (i) the commission of an offence; or\n- (ii) an offender or suspected offender absconding; or\n- (iii) the loss or destruction of evidence; or\n- (iv) serious prejudice to the conduct of an investigation being conducted by the commission; or\n- (b) for a notice issued in the context of an intelligence function hearing under an authorisation under section 55A , delay in attendance might result in the loss of an opportunity to obtain timely intelligence— (i) in advance of a significant event; or (ii) that may help prevent a risk to public safety. Note— An attendance notice issued under section 82 (7) that requires the immediate attendance of someone at a commission hearing does not require the court’s approval under this section.\n- (i) in advance of a significant event; or\n- (ii) that may help prevent a risk to public safety.\n- (i) the commission of an offence; or\n- (ii) an offender or suspected offender absconding; or\n- (iii) the loss or destruction of evidence; or\n- (iv) serious prejudice to the conduct of an investigation being conducted by the commission; or\n- (i) in advance of a significant event; or\n- (ii) that may help prevent a risk to public safety.","sortOrder":178},{"sectionNumber":"ch.3-pt.1-div.7","sectionType":"division","heading":"Giving notices","content":"## Giving notices","sortOrder":179},{"sectionNumber":"sec.85AA","sectionType":"section","heading":"Giving notices by email—general","content":"### sec.85AA Giving notices by email—general\n\nThis section applies in relation to a notice that may be given under division 1 , 2 or 4 in relation to an investigation, operation or function, other than—\na notice requiring immediate production of a document or thing; or\nan attendance notice requiring immediate attendance at a commission hearing.\nThe chairperson may give the notice to a person by sending the notice by email to—\nthe person’s email address; or\nthe email address of a lawyer representing the person.\nHowever, the chairperson may give the notice under subsection (2) only if the chairperson is satisfied—\nthat it is appropriate to give the notice by email; and\nthat—\nthe person gave the commission the person’s email address or the email address of a lawyer representing the person for the purpose of receiving under this section—\nall notices for the investigation, operation or function; or\nall notices of a particular type for the investigation, operation or function; or\nall notices given during a particular period for the investigation, operation or function; or\na particular notice for the investigation, operation or function; or\na lawyer representing the person gave the commission the lawyer’s email address for the purpose of receiving under this section—\nall notices for the investigation, operation or function; or\nall notices of a particular type for the investigation, operation or function; or\nall notices given during a particular period for the investigation, operation or function; or\na particular notice for the investigation, operation or function.\nIn deciding whether it is appropriate to give the notice by email, the chairperson may have regard to—\nwhether the notice is a confidential document under section 84 ; and\nthe number and identity of persons who may have access to the account of the email address given to the commission by the person or the person’s lawyer; and\nthe relevance of the document, thing or information the subject of the notice to the investigation, operation or function; and\nany other matter the chairperson considers relevant.\nTo remove any doubt, it is declared that the chairperson may give the notice to a person under subsection (2) even if—\nit is a notice to be given to a person that has entered into an agreement with the chairperson under section 85AB (2) ; and\nthe notice is of a particular type to be given to the person by email under the agreement.\nThis section does not limit the operation of the Acts Interpretation Act 1954 , part 10 or the Corporations Act .\nThe Electronic Transactions (Queensland) Act 2001 does not apply to the giving of a notice under this section.\ns 85AA ins 2024 No. 41 s 16\namd 2025 No. 7 s 22\n(sec.85AA-ssec.1) This section applies in relation to a notice that may be given under division 1 , 2 or 4 in relation to an investigation, operation or function, other than— a notice requiring immediate production of a document or thing; or an attendance notice requiring immediate attendance at a commission hearing.\n(sec.85AA-ssec.2) The chairperson may give the notice to a person by sending the notice by email to— the person’s email address; or the email address of a lawyer representing the person.\n(sec.85AA-ssec.3) However, the chairperson may give the notice under subsection (2) only if the chairperson is satisfied— that it is appropriate to give the notice by email; and that— the person gave the commission the person’s email address or the email address of a lawyer representing the person for the purpose of receiving under this section— all notices for the investigation, operation or function; or all notices of a particular type for the investigation, operation or function; or all notices given during a particular period for the investigation, operation or function; or a particular notice for the investigation, operation or function; or a lawyer representing the person gave the commission the lawyer’s email address for the purpose of receiving under this section— all notices for the investigation, operation or function; or all notices of a particular type for the investigation, operation or function; or all notices given during a particular period for the investigation, operation or function; or a particular notice for the investigation, operation or function.\n(sec.85AA-ssec.4) In deciding whether it is appropriate to give the notice by email, the chairperson may have regard to— whether the notice is a confidential document under section 84 ; and the number and identity of persons who may have access to the account of the email address given to the commission by the person or the person’s lawyer; and the relevance of the document, thing or information the subject of the notice to the investigation, operation or function; and any other matter the chairperson considers relevant.\n(sec.85AA-ssec.4A) To remove any doubt, it is declared that the chairperson may give the notice to a person under subsection (2) even if— it is a notice to be given to a person that has entered into an agreement with the chairperson under section 85AB (2) ; and the notice is of a particular type to be given to the person by email under the agreement.\n(sec.85AA-ssec.5) This section does not limit the operation of the Acts Interpretation Act 1954 , part 10 or the Corporations Act .\n(sec.85AA-ssec.6) The Electronic Transactions (Queensland) Act 2001 does not apply to the giving of a notice under this section.\n- (a) a notice requiring immediate production of a document or thing; or\n- (b) an attendance notice requiring immediate attendance at a commission hearing.\n- (a) the person’s email address; or\n- (b) the email address of a lawyer representing the person.\n- (a) that it is appropriate to give the notice by email; and\n- (b) that— (i) the person gave the commission the person’s email address or the email address of a lawyer representing the person for the purpose of receiving under this section— (A) all notices for the investigation, operation or function; or (B) all notices of a particular type for the investigation, operation or function; or (C) all notices given during a particular period for the investigation, operation or function; or (D) a particular notice for the investigation, operation or function; or (ii) a lawyer representing the person gave the commission the lawyer’s email address for the purpose of receiving under this section— (A) all notices for the investigation, operation or function; or (B) all notices of a particular type for the investigation, operation or function; or (C) all notices given during a particular period for the investigation, operation or function; or (D) a particular notice for the investigation, operation or function.\n- (i) the person gave the commission the person’s email address or the email address of a lawyer representing the person for the purpose of receiving under this section— (A) all notices for the investigation, operation or function; or (B) all notices of a particular type for the investigation, operation or function; or (C) all notices given during a particular period for the investigation, operation or function; or (D) a particular notice for the investigation, operation or function; or\n- (A) all notices for the investigation, operation or function; or\n- (B) all notices of a particular type for the investigation, operation or function; or\n- (C) all notices given during a particular period for the investigation, operation or function; or\n- (D) a particular notice for the investigation, operation or function; or\n- (ii) a lawyer representing the person gave the commission the lawyer’s email address for the purpose of receiving under this section— (A) all notices for the investigation, operation or function; or (B) all notices of a particular type for the investigation, operation or function; or (C) all notices given during a particular period for the investigation, operation or function; or (D) a particular notice for the investigation, operation or function.\n- (A) all notices for the investigation, operation or function; or\n- (B) all notices of a particular type for the investigation, operation or function; or\n- (C) all notices given during a particular period for the investigation, operation or function; or\n- (D) a particular notice for the investigation, operation or function.\n- (i) the person gave the commission the person’s email address or the email address of a lawyer representing the person for the purpose of receiving under this section— (A) all notices for the investigation, operation or function; or (B) all notices of a particular type for the investigation, operation or function; or (C) all notices given during a particular period for the investigation, operation or function; or (D) a particular notice for the investigation, operation or function; or\n- (A) all notices for the investigation, operation or function; or\n- (B) all notices of a particular type for the investigation, operation or function; or\n- (C) all notices given during a particular period for the investigation, operation or function; or\n- (D) a particular notice for the investigation, operation or function; or\n- (ii) a lawyer representing the person gave the commission the lawyer’s email address for the purpose of receiving under this section— (A) all notices for the investigation, operation or function; or (B) all notices of a particular type for the investigation, operation or function; or (C) all notices given during a particular period for the investigation, operation or function; or (D) a particular notice for the investigation, operation or function.\n- (A) all notices for the investigation, operation or function; or\n- (B) all notices of a particular type for the investigation, operation or function; or\n- (C) all notices given during a particular period for the investigation, operation or function; or\n- (D) a particular notice for the investigation, operation or function.\n- (A) all notices for the investigation, operation or function; or\n- (B) all notices of a particular type for the investigation, operation or function; or\n- (C) all notices given during a particular period for the investigation, operation or function; or\n- (D) a particular notice for the investigation, operation or function; or\n- (A) all notices for the investigation, operation or function; or\n- (B) all notices of a particular type for the investigation, operation or function; or\n- (C) all notices given during a particular period for the investigation, operation or function; or\n- (D) a particular notice for the investigation, operation or function.\n- (a) whether the notice is a confidential document under section 84 ; and\n- (b) the number and identity of persons who may have access to the account of the email address given to the commission by the person or the person’s lawyer; and\n- (c) the relevance of the document, thing or information the subject of the notice to the investigation, operation or function; and\n- (d) any other matter the chairperson considers relevant.\n- (a) it is a notice to be given to a person that has entered into an agreement with the chairperson under section 85AB (2) ; and\n- (b) the notice is of a particular type to be given to the person by email under the agreement.","sortOrder":180},{"sectionNumber":"sec.85AB","sectionType":"section","heading":"Giving notices by email—agreements","content":"### sec.85AB Giving notices by email—agreements\n\nThis section applies in relation to a notice that may be given under division 1 , 2 or 4 in relation to an investigation, operation or function, other than—\na notice requiring immediate production of a document or thing; or\nan attendance notice requiring immediate attendance at a commission hearing.\nThe chairperson may enter into an agreement with a person for the purpose of giving notices of a particular type to the person, under this section, by sending the notices to an email address specified in the agreement.\nnotices requiring production of financial records\nnotices to produce a document or thing\nnotices given under section 83\nIn deciding whether to enter into an agreement with a person under subsection (2) , the chairperson must have regard to—\nwhether it is appropriate to enter into the agreement; and\nthe ability of the person to maintain the confidentiality of notices of the particular type proposed to be given by email under the agreement; and\nany involvement by the person in an investigation, operation or function to which notices of the particular type relate; and\nthe number of notices of the particular type proposed to be given by email under the agreement; and\nany other matter the chairperson considers relevant.\nThe chairperson may give a notice to a person by sending the notice by email to the person’s email address specified in an agreement entered into under subsection (2) .\nThis section does not limit the operation of the Acts Interpretation Act 1954 , part 10 or the Corporations Act.\nThe Electronic Transactions (Queensland) Act 2001 does not apply to the giving of a notice under this section.\nTo remove any doubt, it is declared that more than 1 email address may be specified in an agreement mentioned in subsection (2) for the purpose of giving notices of a particular type to a person under this section.\ns 85AB ins 2025 No. 7 s 22A\n(sec.85AB-ssec.1) This section applies in relation to a notice that may be given under division 1 , 2 or 4 in relation to an investigation, operation or function, other than— a notice requiring immediate production of a document or thing; or an attendance notice requiring immediate attendance at a commission hearing.\n(sec.85AB-ssec.2) The chairperson may enter into an agreement with a person for the purpose of giving notices of a particular type to the person, under this section, by sending the notices to an email address specified in the agreement. notices requiring production of financial records notices to produce a document or thing notices given under section 83\n(sec.85AB-ssec.3) In deciding whether to enter into an agreement with a person under subsection (2) , the chairperson must have regard to— whether it is appropriate to enter into the agreement; and the ability of the person to maintain the confidentiality of notices of the particular type proposed to be given by email under the agreement; and any involvement by the person in an investigation, operation or function to which notices of the particular type relate; and the number of notices of the particular type proposed to be given by email under the agreement; and any other matter the chairperson considers relevant.\n(sec.85AB-ssec.4) The chairperson may give a notice to a person by sending the notice by email to the person’s email address specified in an agreement entered into under subsection (2) .\n(sec.85AB-ssec.5) This section does not limit the operation of the Acts Interpretation Act 1954 , part 10 or the Corporations Act.\n(sec.85AB-ssec.6) The Electronic Transactions (Queensland) Act 2001 does not apply to the giving of a notice under this section.\n(sec.85AB-ssec.7) To remove any doubt, it is declared that more than 1 email address may be specified in an agreement mentioned in subsection (2) for the purpose of giving notices of a particular type to a person under this section.\n- (a) a notice requiring immediate production of a document or thing; or\n- (b) an attendance notice requiring immediate attendance at a commission hearing.\n- • notices requiring production of financial records\n- • notices to produce a document or thing\n- • notices given under section 83\n- (a) whether it is appropriate to enter into the agreement; and\n- (b) the ability of the person to maintain the confidentiality of notices of the particular type proposed to be given by email under the agreement; and\n- (c) any involvement by the person in an investigation, operation or function to which notices of the particular type relate; and\n- (d) the number of notices of the particular type proposed to be given by email under the agreement; and\n- (e) any other matter the chairperson considers relevant.","sortOrder":181},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Search warrants generally","content":"# Search warrants generally","sortOrder":182},{"sectionNumber":"sec.85A","sectionType":"section","heading":"Definitions for part","content":"### sec.85A Definitions for part\n\nIn this part—\naccess information , for a digital device, means information necessary for a person to access or read device information from the device.\nuserid, username, passcode, password\ns 85A def access information sub 2020 No. 7 s 6\ndevice information , from a digital device, means—\ninformation stored on the device; or\ninformation accessed, communicated or distributed by using the device, including by using an application on the device.\nimages stored on a computer\nlocation data stored on or sent from a mobile phone\nemails or text messages sent from a smart phone\nmessages or videos distributed from a social media application on a tablet computer\ns 85A def device information ins 2020 No. 7 s 6 (2)\ndigital device —\nmeans a device on which information may be stored or accessed electronically; and\nincludes a computer, memory stick, portable hard drive, smart phone and tablet computer.\ns 85A def digital device ins 2020 No. 7 s 6 (2)\nemployee includes a person who works under a contract for services.\nissuer see section 86 (6) .\nrelevant evidence means—\nevidence of the commission of major crime or corruption; or\nevidence that may be confiscation related evidence.\nspecified person —\nA specified person , in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, means any of the following persons—\na person reasonably suspected of having committed an offence for which the search warrant is or was issued;\nthe owner of the device;\na person in possession of the device;\nan employee of the owner or person in possession of the device;\na person who uses or has used the device;\na person who is or was a system administrator for the computer network of which the device forms or formed a part.\nA person mentioned in any of paragraphs (1)(a) to (e) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the digital device.\nA person mentioned in paragraph (1)(f) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the computer network of which the device forms or formed a part.\ns 85A def specified person sub 2020 No. 7 s 6\nstorage device ...\ns 85A def storage device om 2020 No. 7 s 6 (1)\nstored ...\ns 85A def stored om 2020 No. 7 s 6 (1)\ns 85A ins 2016 No. 62 s 42\n- (a) information stored on the device; or\n- (b) information accessed, communicated or distributed by using the device, including by using an application on the device.\n- • images stored on a computer\n- • location data stored on or sent from a mobile phone\n- • emails or text messages sent from a smart phone\n- • messages or videos distributed from a social media application on a tablet computer\n- (a) means a device on which information may be stored or accessed electronically; and\n- (b) includes a computer, memory stick, portable hard drive, smart phone and tablet computer.\n- (a) evidence of the commission of major crime or corruption; or\n- (b) evidence that may be confiscation related evidence.\n- 1 A specified person , in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, means any of the following persons— (a) a person reasonably suspected of having committed an offence for which the search warrant is or was issued; (b) the owner of the device; (c) a person in possession of the device; (d) an employee of the owner or person in possession of the device; (e) a person who uses or has used the device; (f) a person who is or was a system administrator for the computer network of which the device forms or formed a part.\n- (a) a person reasonably suspected of having committed an offence for which the search warrant is or was issued;\n- (b) the owner of the device;\n- (c) a person in possession of the device;\n- (d) an employee of the owner or person in possession of the device;\n- (e) a person who uses or has used the device;\n- (f) a person who is or was a system administrator for the computer network of which the device forms or formed a part.\n- 2 A person mentioned in any of paragraphs (1)(a) to (e) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the digital device.\n- 3 A person mentioned in paragraph (1)(f) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the computer network of which the device forms or formed a part.\n- (a) a person reasonably suspected of having committed an offence for which the search warrant is or was issued;\n- (b) the owner of the device;\n- (c) a person in possession of the device;\n- (d) an employee of the owner or person in possession of the device;\n- (e) a person who uses or has used the device;\n- (f) a person who is or was a system administrator for the computer network of which the device forms or formed a part.","sortOrder":183},{"sectionNumber":"sec.86","sectionType":"section","heading":"Search warrant applications","content":"### sec.86 Search warrant applications\n\nAn authorised commission officer may apply for a warrant to enter and search a place ( search warrant ) to obtain—\nevidence of the commission of major crime or corruption being investigated by the commission; or\nevidence that may be confiscation related evidence.\nThe application may be made to a magistrate or Supreme Court judge, unless the application must be made to a Supreme Court judge under subsection (3) .\nThe application must be made to a Supreme Court judge if, when entering and searching the place, it is intended to do anything that may cause structural damage to a building.\nAn application under this section—\nmust be sworn and state the grounds on which the warrant is sought; and\nmust fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and\nmust include information required under a regulation about any search warrants issued within the previous year in relation to the place or a person suspected of being involved in—\nthe commission of the major crime or corruption to which the application relates; or\nthe confiscation related activity to which the application relates; or\nthe qualifying offence, or suspected qualifying offence, to which the application relates.\nSubsection (4) (c) applies only to—\ninformation kept in a register that the commission officer may inspect; and\ninformation the officer otherwise actually knows.\nThe magistrate or judge (the issuer ) may refuse to consider the application until the commission officer gives the issuer all the information the issuer requires about the application in the way the issuer requires.\nThe issuer may require additional information supporting the application to be given by statutory declaration.\ns 86 amd 2002 No. 68 s 290 ; 2009 No. 48 s 133 ; 2013 No. 21 s 7 ; 2014 No. 21 s 94 (1) sch 1\n(sec.86-ssec.1) An authorised commission officer may apply for a warrant to enter and search a place ( search warrant ) to obtain— evidence of the commission of major crime or corruption being investigated by the commission; or evidence that may be confiscation related evidence.\n(sec.86-ssec.2) The application may be made to a magistrate or Supreme Court judge, unless the application must be made to a Supreme Court judge under subsection (3) .\n(sec.86-ssec.3) The application must be made to a Supreme Court judge if, when entering and searching the place, it is intended to do anything that may cause structural damage to a building.\n(sec.86-ssec.4) An application under this section— must be sworn and state the grounds on which the warrant is sought; and must fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and must include information required under a regulation about any search warrants issued within the previous year in relation to the place or a person suspected of being involved in— the commission of the major crime or corruption to which the application relates; or the confiscation related activity to which the application relates; or the qualifying offence, or suspected qualifying offence, to which the application relates.\n(sec.86-ssec.5) Subsection (4) (c) applies only to— information kept in a register that the commission officer may inspect; and information the officer otherwise actually knows.\n(sec.86-ssec.6) The magistrate or judge (the issuer ) may refuse to consider the application until the commission officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. The issuer may require additional information supporting the application to be given by statutory declaration.\n- (a) evidence of the commission of major crime or corruption being investigated by the commission; or\n- (b) evidence that may be confiscation related evidence.\n- (a) must be sworn and state the grounds on which the warrant is sought; and\n- (b) must fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and\n- (c) must include information required under a regulation about any search warrants issued within the previous year in relation to the place or a person suspected of being involved in— (i) the commission of the major crime or corruption to which the application relates; or (ii) the confiscation related activity to which the application relates; or (iii) the qualifying offence, or suspected qualifying offence, to which the application relates.\n- (i) the commission of the major crime or corruption to which the application relates; or\n- (ii) the confiscation related activity to which the application relates; or\n- (iii) the qualifying offence, or suspected qualifying offence, to which the application relates.\n- (i) the commission of the major crime or corruption to which the application relates; or\n- (ii) the confiscation related activity to which the application relates; or\n- (iii) the qualifying offence, or suspected qualifying offence, to which the application relates.\n- (a) information kept in a register that the commission officer may inspect; and\n- (b) information the officer otherwise actually knows.","sortOrder":184},{"sectionNumber":"sec.87","sectionType":"section","heading":"Issue of search warrant","content":"### sec.87 Issue of search warrant\n\nThe issuer may issue the search warrant only if satisfied there are reasonable grounds for suspecting evidence of the commission of major crime or corruption, or confiscation related evidence—\nis at the place; or\nis likely to be taken to the place within the next 72 hours.\nThe issuer may provide in the warrant that the warrant is a confidential document.\ns 87 amd 2002 No. 68 s 291 ; 2014 No. 21 s 94 (1) sch 1\n(sec.87-ssec.1) The issuer may issue the search warrant only if satisfied there are reasonable grounds for suspecting evidence of the commission of major crime or corruption, or confiscation related evidence— is at the place; or is likely to be taken to the place within the next 72 hours.\n(sec.87-ssec.2) The issuer may provide in the warrant that the warrant is a confidential document.\n- (a) is at the place; or\n- (b) is likely to be taken to the place within the next 72 hours.","sortOrder":185},{"sectionNumber":"sec.88","sectionType":"section","heading":"Order in search warrants about documents","content":"### sec.88 Order in search warrants about documents\n\nThe issuer may, in the search warrant, order the person in possession of documents at the place to give to a commission officer all documents of a type stated in the warrant.","sortOrder":186},{"sectionNumber":"sec.88A","sectionType":"section","heading":"Order in search warrant about device information from digital device","content":"### sec.88A Order in search warrant about device information from digital device\n\nThe issuer may, in the search warrant, order a specified person to do any of the following in relation to a digital device at the place—\ngive a commission officer access to the device;\ngive a commission officer access information for the device or any assistance necessary for the officer to gain access to device information from the device;\nallow a commission officer to—\nuse access information for the device to gain access to device information from the device; or\nexamine device information from the device to find out whether the information may be relevant evidence; or\nmake a copy of device information from the device that may be relevant evidence, including by using another digital device; or\nconvert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a commission officer.\nThe issuer may also, in the search warrant, order that a specified person is required to do a thing mentioned in subsection (1) (b) or (c) in relation to a digital device seized and removed from the place, after the device has been removed.\nAn order made under subsection (2) must state—\nthe time at or by which the specified person must give a commission officer the information or assistance mentioned in subsection (1) (b) ; and\nthe place where the specified person must provide the information or assistance; and\nany conditions to which the provision of the information or assistance is subject; and\nthat failure to comply with the order may be dealt with under the Criminal Code , section 205A .\ns 88A ins 2016 No. 62 s 43\namd 2020 No. 7 s 7\n(sec.88A-ssec.1) The issuer may, in the search warrant, order a specified person to do any of the following in relation to a digital device at the place— give a commission officer access to the device; give a commission officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; allow a commission officer to— use access information for the device to gain access to device information from the device; or examine device information from the device to find out whether the information may be relevant evidence; or make a copy of device information from the device that may be relevant evidence, including by using another digital device; or convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a commission officer.\n(sec.88A-ssec.2) The issuer may also, in the search warrant, order that a specified person is required to do a thing mentioned in subsection (1) (b) or (c) in relation to a digital device seized and removed from the place, after the device has been removed.\n(sec.88A-ssec.3) An order made under subsection (2) must state— the time at or by which the specified person must give a commission officer the information or assistance mentioned in subsection (1) (b) ; and the place where the specified person must provide the information or assistance; and any conditions to which the provision of the information or assistance is subject; and that failure to comply with the order may be dealt with under the Criminal Code , section 205A .\n- (a) give a commission officer access to the device;\n- (b) give a commission officer access information for the device or any assistance necessary for the officer to gain access to device information from the device;\n- (c) allow a commission officer to— (i) use access information for the device to gain access to device information from the device; or (ii) examine device information from the device to find out whether the information may be relevant evidence; or (iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or (iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a commission officer.\n- (i) use access information for the device to gain access to device information from the device; or\n- (ii) examine device information from the device to find out whether the information may be relevant evidence; or\n- (iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or\n- (iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a commission officer.\n- (i) use access information for the device to gain access to device information from the device; or\n- (ii) examine device information from the device to find out whether the information may be relevant evidence; or\n- (iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or\n- (iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a commission officer.\n- (a) the time at or by which the specified person must give a commission officer the information or assistance mentioned in subsection (1) (b) ; and\n- (b) the place where the specified person must provide the information or assistance; and\n- (c) any conditions to which the provision of the information or assistance is subject; and\n- (d) that failure to comply with the order may be dealt with under the Criminal Code , section 205A .","sortOrder":187},{"sectionNumber":"sec.88B","sectionType":"section","heading":"Order after digital device has been seized","content":"### sec.88B Order after digital device has been seized\n\nThis section applies if—\na digital device is seized under the search warrant and removed from the place; and\neither—\nthe search warrant did not contain an order made under section 88A (1) or (2) ; or\nthe search warrant contained an order made under section 88A (1) or (2) but further access information is required for a commission officer to gain access to device information from the device that may be relevant evidence.\nOn the application of an authorised commission officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 88A (1) (b) or (c) .\nAn application made under subsection (2) —\nmay be made at any time after the warrant has been issued; and\nmust be made—\nif the search warrant was issued by a judge—to a Supreme Court judge; or\nif the search warrant was issued by a magistrate—to a magistrate.\nAn order made under subsection (2) must state—\nthe time at or by which the specified person must give a commission officer the information or assistance mentioned in section 88A (1) (b) ; and\nthe place where the specified person must provide the information or assistance; and\nany conditions to which the provision of the information or assistance is subject; and\nthat failure to comply with the order may be dealt with under the Criminal Code , section 205A .\nA magistrate or a judge may make an order under subsection (2) only if satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence.\ns 88B ins 2016 No. 62 s 43\namd 2020 No. 7 s 8\n(sec.88B-ssec.1) This section applies if— a digital device is seized under the search warrant and removed from the place; and either— the search warrant did not contain an order made under section 88A (1) or (2) ; or the search warrant contained an order made under section 88A (1) or (2) but further access information is required for a commission officer to gain access to device information from the device that may be relevant evidence.\n(sec.88B-ssec.2) On the application of an authorised commission officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 88A (1) (b) or (c) .\n(sec.88B-ssec.3) An application made under subsection (2) — may be made at any time after the warrant has been issued; and must be made— if the search warrant was issued by a judge—to a Supreme Court judge; or if the search warrant was issued by a magistrate—to a magistrate.\n(sec.88B-ssec.4) An order made under subsection (2) must state— the time at or by which the specified person must give a commission officer the information or assistance mentioned in section 88A (1) (b) ; and the place where the specified person must provide the information or assistance; and any conditions to which the provision of the information or assistance is subject; and that failure to comply with the order may be dealt with under the Criminal Code , section 205A .\n(sec.88B-ssec.5) A magistrate or a judge may make an order under subsection (2) only if satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence.\n- (a) a digital device is seized under the search warrant and removed from the place; and\n- (b) either— (i) the search warrant did not contain an order made under section 88A (1) or (2) ; or (ii) the search warrant contained an order made under section 88A (1) or (2) but further access information is required for a commission officer to gain access to device information from the device that may be relevant evidence.\n- (i) the search warrant did not contain an order made under section 88A (1) or (2) ; or\n- (ii) the search warrant contained an order made under section 88A (1) or (2) but further access information is required for a commission officer to gain access to device information from the device that may be relevant evidence.\n- (i) the search warrant did not contain an order made under section 88A (1) or (2) ; or\n- (ii) the search warrant contained an order made under section 88A (1) or (2) but further access information is required for a commission officer to gain access to device information from the device that may be relevant evidence.\n- (a) may be made at any time after the warrant has been issued; and\n- (b) must be made— (i) if the search warrant was issued by a judge—to a Supreme Court judge; or (ii) if the search warrant was issued by a magistrate—to a magistrate.\n- (i) if the search warrant was issued by a judge—to a Supreme Court judge; or\n- (ii) if the search warrant was issued by a magistrate—to a magistrate.\n- (i) if the search warrant was issued by a judge—to a Supreme Court judge; or\n- (ii) if the search warrant was issued by a magistrate—to a magistrate.\n- (a) the time at or by which the specified person must give a commission officer the information or assistance mentioned in section 88A (1) (b) ; and\n- (b) the place where the specified person must provide the information or assistance; and\n- (c) any conditions to which the provision of the information or assistance is subject; and\n- (d) that failure to comply with the order may be dealt with under the Criminal Code , section 205A .","sortOrder":188},{"sectionNumber":"sec.88C","sectionType":"section","heading":"Compliance with order about device information from digital device","content":"### sec.88C Compliance with order about device information from digital device\n\nA person is not excused from complying with an order made under section 88A (1) or (2) or 88B (2) on the basis that complying with the order might tend to incriminate the person or expose the person to a penalty.\ns 88C ins 2016 No. 62 s 43\namd 2020 No. 7 s 9","sortOrder":189},{"sectionNumber":"sec.89","sectionType":"section","heading":"Search warrant may be a confidential document","content":"### sec.89 Search warrant may be a confidential document\n\nIf the search warrant provides that it is a confidential document, a person must not disclose the existence of the warrant to anyone else unless the person has a reasonable excuse.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nIt is a reasonable excuse for a person to disclose the existence of the warrant if—\nthe disclosure is made—\nfor the purpose of seeking legal advice in relation to the warrant or an offence against subsection (1) ; or\nfor the purpose of obtaining information in order to comply with the warrant; or\nfor the purpose of making a complaint to the commission or the parliamentary committee about the warrant; or\nin the course of the administration of this Act; and\nthe person informs the person to whom the disclosure is made that it is an offence to disclose the existence of the warrant to anyone else unless the person has a reasonable excuse.\n(sec.89-ssec.1) If the search warrant provides that it is a confidential document, a person must not disclose the existence of the warrant to anyone else unless the person has a reasonable excuse. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.89-ssec.2) It is a reasonable excuse for a person to disclose the existence of the warrant if— the disclosure is made— for the purpose of seeking legal advice in relation to the warrant or an offence against subsection (1) ; or for the purpose of obtaining information in order to comply with the warrant; or for the purpose of making a complaint to the commission or the parliamentary committee about the warrant; or in the course of the administration of this Act; and the person informs the person to whom the disclosure is made that it is an offence to disclose the existence of the warrant to anyone else unless the person has a reasonable excuse.\n- (a) the disclosure is made— (i) for the purpose of seeking legal advice in relation to the warrant or an offence against subsection (1) ; or (ii) for the purpose of obtaining information in order to comply with the warrant; or (iii) for the purpose of making a complaint to the commission or the parliamentary committee about the warrant; or (iv) in the course of the administration of this Act; and\n- (i) for the purpose of seeking legal advice in relation to the warrant or an offence against subsection (1) ; or\n- (ii) for the purpose of obtaining information in order to comply with the warrant; or\n- (iii) for the purpose of making a complaint to the commission or the parliamentary committee about the warrant; or\n- (iv) in the course of the administration of this Act; and\n- (b) the person informs the person to whom the disclosure is made that it is an offence to disclose the existence of the warrant to anyone else unless the person has a reasonable excuse.\n- (i) for the purpose of seeking legal advice in relation to the warrant or an offence against subsection (1) ; or\n- (ii) for the purpose of obtaining information in order to comply with the warrant; or\n- (iii) for the purpose of making a complaint to the commission or the parliamentary committee about the warrant; or\n- (iv) in the course of the administration of this Act; and","sortOrder":190},{"sectionNumber":"sec.90","sectionType":"section","heading":"When search warrant ends","content":"### sec.90 When search warrant ends\n\nA search warrant issued because there are reasonable grounds for suspecting there is evidence of the commission of major crime or corruption or confiscation related evidence at a place ends 7 days after it is issued.\nA search warrant issued because there are reasonable grounds for suspecting evidence of the commission of major crime or corruption or confiscation related evidence is likely to be taken to a place within the next 72 hours ends 72 hours after it is issued.\ns 90 amd 2002 No. 68 s 292 ; 2014 No. 21 s 94 (1) sch 1\n(sec.90-ssec.1) A search warrant issued because there are reasonable grounds for suspecting there is evidence of the commission of major crime or corruption or confiscation related evidence at a place ends 7 days after it is issued.\n(sec.90-ssec.2) A search warrant issued because there are reasonable grounds for suspecting evidence of the commission of major crime or corruption or confiscation related evidence is likely to be taken to a place within the next 72 hours ends 72 hours after it is issued.","sortOrder":191},{"sectionNumber":"sec.91","sectionType":"section","heading":"What search warrant must state","content":"### sec.91 What search warrant must state\n\nA search warrant must state—\nthat a stated commission officer or all commission officers may enter the place and exercise search warrant powers at the place; and\nbrief particulars of the major crime, corruption, confiscation related activity, qualifying offence or suspected qualifying offence for which the warrant is issued; and\nthe evidence, if any, that may be seized under the warrant; and\nif the warrant is to be executed at night, the hours when the place may be entered; and\nthe day and time the warrant ends.\nIf a magistrate or a judge makes an order under section 88 or 88A (1) or (2) , the warrant must also state that failure, without reasonable excuse, to comply with the order may be dealt with under—\nfor section 88 —the Criminal Code , section 205 ; or\nfor section 88A (1) or (2) —the Criminal Code , section 205A .\ns 91 amd 2002 No. 68 s 293 ; 2013 No. 21 s 8 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 62 s 44\n(sec.91-ssec.1) A search warrant must state— that a stated commission officer or all commission officers may enter the place and exercise search warrant powers at the place; and brief particulars of the major crime, corruption, confiscation related activity, qualifying offence or suspected qualifying offence for which the warrant is issued; and the evidence, if any, that may be seized under the warrant; and if the warrant is to be executed at night, the hours when the place may be entered; and the day and time the warrant ends.\n(sec.91-ssec.2) If a magistrate or a judge makes an order under section 88 or 88A (1) or (2) , the warrant must also state that failure, without reasonable excuse, to comply with the order may be dealt with under— for section 88 —the Criminal Code , section 205 ; or for section 88A (1) or (2) —the Criminal Code , section 205A .\n- (a) that a stated commission officer or all commission officers may enter the place and exercise search warrant powers at the place; and\n- (b) brief particulars of the major crime, corruption, confiscation related activity, qualifying offence or suspected qualifying offence for which the warrant is issued; and\n- (c) the evidence, if any, that may be seized under the warrant; and\n- (d) if the warrant is to be executed at night, the hours when the place may be entered; and\n- (e) the day and time the warrant ends.\n- (a) for section 88 —the Criminal Code , section 205 ; or\n- (b) for section 88A (1) or (2) —the Criminal Code , section 205A .","sortOrder":192},{"sectionNumber":"sec.92","sectionType":"section","heading":"Powers under search warrants","content":"### sec.92 Powers under search warrants\n\nAn authorised commission officer has the following powers under a search warrant ( search warrant powers )—\npower to enter the place stated in the warrant (the relevant place ) and to stay on it for the time reasonably necessary to exercise powers authorised under the warrant and this section;\npower to pass over, through, along or under another place to enter the relevant place;\npower to search the relevant place for anything sought under the warrant;\npower to open anything in the relevant place that is locked;\npower to detain anyone at the relevant place for the time reasonably necessary to find out if the person has anything sought under the warrant;\npower to detain a person found at the relevant place for the time taken to search the place if the officer reasonably suspects the person has been involved in the unlawful activity, the confiscation related activity or the qualifying offence;\npower to dig up land;\npower to seize a thing found at the relevant place, or on a person found at the relevant place, that the officer reasonably suspects may be evidence of the commission of the unlawful activity or an indictable offence or confiscation related evidence;\npower to muster, hold and inspect any animal the officer reasonably suspects may be evidence of the commission of the unlawful activity or confiscation related evidence;\npower to photograph anything the officer reasonably suspects may be evidence of the commission of the unlawful activity or confiscation related evidence;\npower to remove wall or ceiling linings or floors of a building, or panels of a vehicle, to search for evidence of the commission of the unlawful activity or confiscation related evidence.\nAlso, an authorised commission officer has the following powers if authorised under a search warrant (also search warrant powers )—\npower to search anyone found at the relevant place for anything sought under the warrant that can be concealed on the person;\npower to do whichever of the following is authorised—\nto search anyone or anything in or on or about to board, or be put in or on, a vehicle;\nto take a vehicle to, and search for evidence of the commission of the unlawful activity that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.\nPower to do anything at the relevant place that may cause structural damage to a building may be exercised only if the warrant—\nauthorises the exercise of the power; and\nis issued by a Supreme Court judge.\nIn this section—\nqualifying offence , for a search warrant, means the qualifying offence, or suspected qualifying offence, to which the warrant relates.\nunlawful activity , for a search warrant, means the major crime or corruption to which the warrant relates.\ns 92 amd 2002 No. 68 s 294 ; 2013 No. 21 s 9 ; 2014 No. 21 s 94 (1) sch 1\n(sec.92-ssec.1) An authorised commission officer has the following powers under a search warrant ( search warrant powers )— power to enter the place stated in the warrant (the relevant place ) and to stay on it for the time reasonably necessary to exercise powers authorised under the warrant and this section; power to pass over, through, along or under another place to enter the relevant place; power to search the relevant place for anything sought under the warrant; power to open anything in the relevant place that is locked; power to detain anyone at the relevant place for the time reasonably necessary to find out if the person has anything sought under the warrant; power to detain a person found at the relevant place for the time taken to search the place if the officer reasonably suspects the person has been involved in the unlawful activity, the confiscation related activity or the qualifying offence; power to dig up land; power to seize a thing found at the relevant place, or on a person found at the relevant place, that the officer reasonably suspects may be evidence of the commission of the unlawful activity or an indictable offence or confiscation related evidence; power to muster, hold and inspect any animal the officer reasonably suspects may be evidence of the commission of the unlawful activity or confiscation related evidence; power to photograph anything the officer reasonably suspects may be evidence of the commission of the unlawful activity or confiscation related evidence; power to remove wall or ceiling linings or floors of a building, or panels of a vehicle, to search for evidence of the commission of the unlawful activity or confiscation related evidence.\n(sec.92-ssec.2) Also, an authorised commission officer has the following powers if authorised under a search warrant (also search warrant powers )— power to search anyone found at the relevant place for anything sought under the warrant that can be concealed on the person; power to do whichever of the following is authorised— to search anyone or anything in or on or about to board, or be put in or on, a vehicle; to take a vehicle to, and search for evidence of the commission of the unlawful activity that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.\n(sec.92-ssec.3) Power to do anything at the relevant place that may cause structural damage to a building may be exercised only if the warrant— authorises the exercise of the power; and is issued by a Supreme Court judge.\n(sec.92-ssec.4) In this section— qualifying offence , for a search warrant, means the qualifying offence, or suspected qualifying offence, to which the warrant relates. unlawful activity , for a search warrant, means the major crime or corruption to which the warrant relates.\n- (a) power to enter the place stated in the warrant (the relevant place ) and to stay on it for the time reasonably necessary to exercise powers authorised under the warrant and this section;\n- (b) power to pass over, through, along or under another place to enter the relevant place;\n- (c) power to search the relevant place for anything sought under the warrant;\n- (d) power to open anything in the relevant place that is locked;\n- (e) power to detain anyone at the relevant place for the time reasonably necessary to find out if the person has anything sought under the warrant;\n- (f) power to detain a person found at the relevant place for the time taken to search the place if the officer reasonably suspects the person has been involved in the unlawful activity, the confiscation related activity or the qualifying offence;\n- (g) power to dig up land;\n- (h) power to seize a thing found at the relevant place, or on a person found at the relevant place, that the officer reasonably suspects may be evidence of the commission of the unlawful activity or an indictable offence or confiscation related evidence;\n- (i) power to muster, hold and inspect any animal the officer reasonably suspects may be evidence of the commission of the unlawful activity or confiscation related evidence;\n- (j) power to photograph anything the officer reasonably suspects may be evidence of the commission of the unlawful activity or confiscation related evidence;\n- (k) power to remove wall or ceiling linings or floors of a building, or panels of a vehicle, to search for evidence of the commission of the unlawful activity or confiscation related evidence.\n- (a) power to search anyone found at the relevant place for anything sought under the warrant that can be concealed on the person;\n- (b) power to do whichever of the following is authorised— (i) to search anyone or anything in or on or about to board, or be put in or on, a vehicle; (ii) to take a vehicle to, and search for evidence of the commission of the unlawful activity that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.\n- (i) to search anyone or anything in or on or about to board, or be put in or on, a vehicle;\n- (ii) to take a vehicle to, and search for evidence of the commission of the unlawful activity that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.\n- (i) to search anyone or anything in or on or about to board, or be put in or on, a vehicle;\n- (ii) to take a vehicle to, and search for evidence of the commission of the unlawful activity that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.\n- (a) authorises the exercise of the power; and\n- (b) is issued by a Supreme Court judge.","sortOrder":193},{"sectionNumber":"sec.93","sectionType":"section","heading":"Copy of search warrant to be given to occupier","content":"### sec.93 Copy of search warrant to be given to occupier\n\nIf a commission officer executes a search warrant for a place that is occupied, the officer must—\nif the occupier of the place is present—give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant; or\nif the occupier is not present—leave the copy in a conspicuous place.\nHowever, if the search warrant is a confidential document and the occupier is not present, the officer—\nis not required to comply with subsection (1) (b) ; and\nmust give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant as soon as practicable after executing the warrant.\nIf the officer reasonably suspects giving the person the copy may frustrate or otherwise hinder the investigation or another investigation, the officer may delay complying with subsection (1) , but only for so long as—\nthe officer continues to have the reasonable suspicion; and\nthat officer or another officer involved in the investigation remains in the vicinity of the place to keep the place under observation.\n(sec.93-ssec.1) If a commission officer executes a search warrant for a place that is occupied, the officer must— if the occupier of the place is present—give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant; or if the occupier is not present—leave the copy in a conspicuous place.\n(sec.93-ssec.2) However, if the search warrant is a confidential document and the occupier is not present, the officer— is not required to comply with subsection (1) (b) ; and must give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant as soon as practicable after executing the warrant.\n(sec.93-ssec.3) If the officer reasonably suspects giving the person the copy may frustrate or otherwise hinder the investigation or another investigation, the officer may delay complying with subsection (1) , but only for so long as— the officer continues to have the reasonable suspicion; and that officer or another officer involved in the investigation remains in the vicinity of the place to keep the place under observation.\n- (a) if the occupier of the place is present—give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant; or\n- (b) if the occupier is not present—leave the copy in a conspicuous place.\n- (a) is not required to comply with subsection (1) (b) ; and\n- (b) must give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant as soon as practicable after executing the warrant.\n- (a) the officer continues to have the reasonable suspicion; and\n- (b) that officer or another officer involved in the investigation remains in the vicinity of the place to keep the place under observation.","sortOrder":194},{"sectionNumber":"sec.94","sectionType":"section","heading":"Limitation on search warrant powers for corruption investigations","content":"### sec.94 Limitation on search warrant powers for corruption investigations\n\nThis section applies if—\nan authorised commission officer who is exercising search warrant powers for a corruption investigation wishes to inspect, photograph or seize a document or thing under the warrant; and\na person who is entitled to claim the privilege claims the document or thing is subject to privilege.\nThe authorised commission officer must consider the claim and may—\ndecide to withdraw the requirement in relation to which the claim is made; or\ndecide not to withdraw the requirement and advise the person that, for a claim of privilege other than journalist privilege, the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZW .\nFor a claim of journalist privilege, see the Evidence Act 1977 , part 2 , division 2B , subdivision 3 .\nIf the commission officer decides not to withdraw the requirement—\nfor which a claim of journalist privilege has been made—the Evidence Act 1977 , part 2 , division 2B , subdivision 3 applies; or\nfor which another claim of privilege has been made— chapter 4A , part 4 , division 3 applies.\nIn this section—\nprivilege does not include privilege on the ground of confidentiality or self-incrimination privilege.\ns 94 amd 2002 No. 68 s 283 sch 3 ; 2014 No. 21 s 94 (1) sch 1 ; 2024 No. 41 s 17\n(sec.94-ssec.1) This section applies if— an authorised commission officer who is exercising search warrant powers for a corruption investigation wishes to inspect, photograph or seize a document or thing under the warrant; and a person who is entitled to claim the privilege claims the document or thing is subject to privilege.\n(sec.94-ssec.2) The authorised commission officer must consider the claim and may— decide to withdraw the requirement in relation to which the claim is made; or decide not to withdraw the requirement and advise the person that, for a claim of privilege other than journalist privilege, the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZW . For a claim of journalist privilege, see the Evidence Act 1977 , part 2 , division 2B , subdivision 3 .\n(sec.94-ssec.3) If the commission officer decides not to withdraw the requirement— for which a claim of journalist privilege has been made—the Evidence Act 1977 , part 2 , division 2B , subdivision 3 applies; or for which another claim of privilege has been made— chapter 4A , part 4 , division 3 applies.\n(sec.94-ssec.4) In this section— privilege does not include privilege on the ground of confidentiality or self-incrimination privilege.\n- (a) an authorised commission officer who is exercising search warrant powers for a corruption investigation wishes to inspect, photograph or seize a document or thing under the warrant; and\n- (b) a person who is entitled to claim the privilege claims the document or thing is subject to privilege.\n- (a) decide to withdraw the requirement in relation to which the claim is made; or\n- (b) decide not to withdraw the requirement and advise the person that, for a claim of privilege other than journalist privilege, the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZW . Note— For a claim of journalist privilege, see the Evidence Act 1977 , part 2 , division 2B , subdivision 3 .\n- (a) for which a claim of journalist privilege has been made—the Evidence Act 1977 , part 2 , division 2B , subdivision 3 applies; or\n- (b) for which another claim of privilege has been made— chapter 4A , part 4 , division 3 applies.","sortOrder":195},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Search of place to prevent loss of evidence","content":"# Search of place to prevent loss of evidence","sortOrder":196},{"sectionNumber":"sec.95","sectionType":"section","heading":"Application of part","content":"### sec.95 Application of part\n\nThis part applies only for a crime investigation.","sortOrder":197},{"sectionNumber":"sec.96","sectionType":"section","heading":"Search to prevent loss of evidence","content":"### sec.96 Search to prevent loss of evidence\n\nThis section applies if an authorised commission officer reasonably suspects—\na thing at or about a place, or in the possession of a person at or about a place, is evidence of the commission of major crime being investigated by the commission; and\nunless the place is immediately entered and searched—\nthe evidence may be concealed or destroyed; or\nthe forensic value of the evidence may be diminished.\nAn authorised commission officer may enter the place and exercise search warrant powers, other than power to do something that may cause structural damage to a building, at the place as if they were conferred under a search warrant.\n(sec.96-ssec.1) This section applies if an authorised commission officer reasonably suspects— a thing at or about a place, or in the possession of a person at or about a place, is evidence of the commission of major crime being investigated by the commission; and unless the place is immediately entered and searched— the evidence may be concealed or destroyed; or the forensic value of the evidence may be diminished.\n(sec.96-ssec.2) An authorised commission officer may enter the place and exercise search warrant powers, other than power to do something that may cause structural damage to a building, at the place as if they were conferred under a search warrant.\n- (a) a thing at or about a place, or in the possession of a person at or about a place, is evidence of the commission of major crime being investigated by the commission; and\n- (b) unless the place is immediately entered and searched— (i) the evidence may be concealed or destroyed; or (ii) the forensic value of the evidence may be diminished.\n- (i) the evidence may be concealed or destroyed; or\n- (ii) the forensic value of the evidence may be diminished.\n- (i) the evidence may be concealed or destroyed; or\n- (ii) the forensic value of the evidence may be diminished.","sortOrder":198},{"sectionNumber":"sec.97","sectionType":"section","heading":"Post-search approval","content":"### sec.97 Post-search approval\n\nAs soon as reasonably practicable after exercising powers under section 96 , the authorised commission officer must apply to a magistrate in writing for an order approving the search ( post-search approval order ).\nThe application must be sworn and state the grounds on which it is sought.\nThe applicant need not appear at the consideration of the application, unless the magistrate otherwise requires.\nThe magistrate may refuse to consider the application until the authorised commission officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.97-ssec.1) As soon as reasonably practicable after exercising powers under section 96 , the authorised commission officer must apply to a magistrate in writing for an order approving the search ( post-search approval order ).\n(sec.97-ssec.2) The application must be sworn and state the grounds on which it is sought.\n(sec.97-ssec.3) The applicant need not appear at the consideration of the application, unless the magistrate otherwise requires.\n(sec.97-ssec.4) The magistrate may refuse to consider the application until the authorised commission officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":199},{"sectionNumber":"sec.98","sectionType":"section","heading":"Making of post-search approval order","content":"### sec.98 Making of post-search approval order\n\nThe magistrate may make a post-search approval order only if satisfied the search was conducted in the context of a crime investigation and either of the following apply—\nin the circumstances existing before the search, there were grounds for the authorised commission officer to reasonably suspect—\na thing at or about the place, or in the possession of a person at or about the place, was evidence of the commission of major crime being investigated by the commission; and\nunless the place was immediately entered and searched—\nthe evidence may have been concealed or destroyed; or\nthe forensic value of the evidence may have been diminished;\nhaving regard to the nature of the evidence found during the search, it is in the public interest to make the order.\nThe magistrate may also make an order under section 118 or 119 , whether or not a post-search approval order is made.\n(sec.98-ssec.1) The magistrate may make a post-search approval order only if satisfied the search was conducted in the context of a crime investigation and either of the following apply— in the circumstances existing before the search, there were grounds for the authorised commission officer to reasonably suspect— a thing at or about the place, or in the possession of a person at or about the place, was evidence of the commission of major crime being investigated by the commission; and unless the place was immediately entered and searched— the evidence may have been concealed or destroyed; or the forensic value of the evidence may have been diminished; having regard to the nature of the evidence found during the search, it is in the public interest to make the order.\n(sec.98-ssec.2) The magistrate may also make an order under section 118 or 119 , whether or not a post-search approval order is made.\n- (a) in the circumstances existing before the search, there were grounds for the authorised commission officer to reasonably suspect— (i) a thing at or about the place, or in the possession of a person at or about the place, was evidence of the commission of major crime being investigated by the commission; and (ii) unless the place was immediately entered and searched— (A) the evidence may have been concealed or destroyed; or (B) the forensic value of the evidence may have been diminished;\n- (i) a thing at or about the place, or in the possession of a person at or about the place, was evidence of the commission of major crime being investigated by the commission; and\n- (ii) unless the place was immediately entered and searched— (A) the evidence may have been concealed or destroyed; or (B) the forensic value of the evidence may have been diminished;\n- (A) the evidence may have been concealed or destroyed; or\n- (B) the forensic value of the evidence may have been diminished;\n- (b) having regard to the nature of the evidence found during the search, it is in the public interest to make the order.\n- (i) a thing at or about the place, or in the possession of a person at or about the place, was evidence of the commission of major crime being investigated by the commission; and\n- (ii) unless the place was immediately entered and searched— (A) the evidence may have been concealed or destroyed; or (B) the forensic value of the evidence may have been diminished;\n- (A) the evidence may have been concealed or destroyed; or\n- (B) the forensic value of the evidence may have been diminished;\n- (A) the evidence may have been concealed or destroyed; or\n- (B) the forensic value of the evidence may have been diminished;","sortOrder":200},{"sectionNumber":"sec.99","sectionType":"section","heading":"Appeal","content":"### sec.99 Appeal\n\nWithin 28 days after either of the following happens, the authorised commission officer may appeal against the order to the Supreme Court—\na magistrate refuses to make a post-search approval order;\na magistrate makes an order under section 98 (2) .\nIf the authorised commission officer appeals, the officer must retain any thing seized until the appeal is decided.\nThe court may make an order under section 118 or 119 , whether or not the appeal is upheld.\n(sec.99-ssec.1) Within 28 days after either of the following happens, the authorised commission officer may appeal against the order to the Supreme Court— a magistrate refuses to make a post-search approval order; a magistrate makes an order under section 98 (2) .\n(sec.99-ssec.2) If the authorised commission officer appeals, the officer must retain any thing seized until the appeal is decided.\n(sec.99-ssec.3) The court may make an order under section 118 or 119 , whether or not the appeal is upheld.\n- (a) a magistrate refuses to make a post-search approval order;\n- (b) a magistrate makes an order under section 98 (2) .","sortOrder":201},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Searching persons","content":"# Searching persons","sortOrder":202},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":203},{"sectionNumber":"sec.100","sectionType":"section","heading":"General provisions about searches of persons","content":"### sec.100 General provisions about searches of persons\n\nAn authorised commission officer lawfully searching a person under this Act must—\nensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and\ntake reasonable care to protect the person’s dignity; and\nunless an immediate and more thorough search of the person is necessary, restrict a search of the person in public to an examination of outer clothing; and\nif a more thorough search of the person is necessary but does not have to be conducted immediately, conduct a more thorough search of the person out of public view, for example, in a room of a shop or, if a police station is nearby, in the police station.\nA more thorough search may be immediately necessary because the officer reasonably suspects the person to be searched may have a bomb strapped to the person’s body or has a concealed firearm or knife.\ns 100 amd 2024 No. 24 ss 21, 57 sch 1 pt 2\n- (a) ensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and\n- (b) take reasonable care to protect the person’s dignity; and\n- (c) unless an immediate and more thorough search of the person is necessary, restrict a search of the person in public to an examination of outer clothing; and\n- (d) if a more thorough search of the person is necessary but does not have to be conducted immediately, conduct a more thorough search of the person out of public view, for example, in a room of a shop or, if a police station is nearby, in the police station. Example for paragraph (c) — A more thorough search may be immediately necessary because the officer reasonably suspects the person to be searched may have a bomb strapped to the person’s body or has a concealed firearm or knife.","sortOrder":204},{"sectionNumber":"sec.100A","sectionType":"section","heading":"Gender safeguard for searches of persons","content":"### sec.100A Gender safeguard for searches of persons\n\nThis section applies to a search of a person conducted by an authorised commission officer.\nThis section does not apply if an immediate search of the person is necessary.\nAn immediate search may be necessary because it is reasonably suspected that the person may have a bomb strapped to the person’s body or a concealed firearm or knife.\nSubject to this section, the person conducting the search must, if reasonably practicable, be of the same gender as the person being searched.\nThe person to be searched must be given—\nan explanation of the search process; and\na reasonable opportunity to express a preference about the gender of the person who is to conduct the search.\nA preference may be expressed in a way that would require different persons to search the upper body, lower body or head of the person.\nA preference must be accommodated unless—\nthere are reasonable grounds to believe the preference is expressed for an improper purpose; or\nit is not reasonably practicable to accommodate the preference.\nAn improper purpose includes the following—\na lewd or otherwise offensive purpose;\nan attempt to frustrate the process.\nIt is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\nThe search or part of the search may be conducted by a different authorised commission officer, or under the direction of the authorised commission officer by a person who is not an authorised commission officer, if reasonably necessary—\nto ensure that the person conducting the search and the person being searched are of the same gender; or\nto accommodate a preference expressed by the person being searched; or\nto address a concern related to gender in a way that minimises embarrassment and offence.\nAlso, the authorised commission officer may conduct the search or part of the search despite not being of the same gender as the person being searched if, in the circumstances, that is the most appropriate way to address a concern related to gender.\ns 100A ins 2024 No. 24 s 22\n(sec.100A-ssec.1) This section applies to a search of a person conducted by an authorised commission officer.\n(sec.100A-ssec.2) This section does not apply if an immediate search of the person is necessary. An immediate search may be necessary because it is reasonably suspected that the person may have a bomb strapped to the person’s body or a concealed firearm or knife.\n(sec.100A-ssec.3) Subject to this section, the person conducting the search must, if reasonably practicable, be of the same gender as the person being searched.\n(sec.100A-ssec.4) The person to be searched must be given— an explanation of the search process; and a reasonable opportunity to express a preference about the gender of the person who is to conduct the search.\n(sec.100A-ssec.5) A preference may be expressed in a way that would require different persons to search the upper body, lower body or head of the person.\n(sec.100A-ssec.6) A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; or it is not reasonably practicable to accommodate the preference. An improper purpose includes the following— a lewd or otherwise offensive purpose; an attempt to frustrate the process. It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n(sec.100A-ssec.7) The search or part of the search may be conducted by a different authorised commission officer, or under the direction of the authorised commission officer by a person who is not an authorised commission officer, if reasonably necessary— to ensure that the person conducting the search and the person being searched are of the same gender; or to accommodate a preference expressed by the person being searched; or to address a concern related to gender in a way that minimises embarrassment and offence.\n(sec.100A-ssec.8) Also, the authorised commission officer may conduct the search or part of the search despite not being of the same gender as the person being searched if, in the circumstances, that is the most appropriate way to address a concern related to gender.\n- (a) an explanation of the search process; and\n- (b) a reasonable opportunity to express a preference about the gender of the person who is to conduct the search.\n- (a) there are reasonable grounds to believe the preference is expressed for an improper purpose; or\n- (b) it is not reasonably practicable to accommodate the preference.\n- 1 An improper purpose includes the following— • a lewd or otherwise offensive purpose; • an attempt to frustrate the process.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- 2 It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- (a) to ensure that the person conducting the search and the person being searched are of the same gender; or\n- (b) to accommodate a preference expressed by the person being searched; or\n- (c) to address a concern related to gender in a way that minimises embarrassment and offence.","sortOrder":205},{"sectionNumber":"sec.101","sectionType":"section","heading":"Taking a person to another place for search","content":"### sec.101 Taking a person to another place for search\n\nIf it is impracticable to search for a thing that may be concealed on a person where the person is, the authorised commission officer may take the person to a place with adequate facilities for conducting the search.\nTo search a person out of public view and cause minimal embarrassment to the person, a person in a casino may be taken to another room in the casino.\nBefore taking a person to another place for a search because it is impracticable to search for a thing that may be concealed on the person where the person is, the authorised commission officer must consider the following—\nwhether the thing sought may be concealed on the person;\nwhether, for an effective search, the search should be conducted somewhere else;\nthe need to protect the dignity of the person.\n(sec.101-ssec.1) If it is impracticable to search for a thing that may be concealed on a person where the person is, the authorised commission officer may take the person to a place with adequate facilities for conducting the search. To search a person out of public view and cause minimal embarrassment to the person, a person in a casino may be taken to another room in the casino.\n(sec.101-ssec.2) Before taking a person to another place for a search because it is impracticable to search for a thing that may be concealed on the person where the person is, the authorised commission officer must consider the following— whether the thing sought may be concealed on the person; whether, for an effective search, the search should be conducted somewhere else; the need to protect the dignity of the person.\n- (a) whether the thing sought may be concealed on the person;\n- (b) whether, for an effective search, the search should be conducted somewhere else;\n- (c) the need to protect the dignity of the person.","sortOrder":206},{"sectionNumber":"sec.102","sectionType":"section","heading":"Limitation on period of detention for search","content":"### sec.102 Limitation on period of detention for search\n\nAn authorised commission officer who detains a person for a search must not detain the person any longer than is reasonably necessary for the purpose.","sortOrder":207},{"sectionNumber":"sec.103","sectionType":"section","heading":"Dealing with persons who obstruct search of person","content":"### sec.103 Dealing with persons who obstruct search of person\n\nIf a person (the obstructing person ) obstructs an authorised commission officer conducting a lawful search of the obstructing person or another person, an authorised commission officer must, if reasonably practicable—\nwarn the obstructing person it is an offence to obstruct an authorised commission officer in the performance of the officer’s duties; and\ngive the obstructing person a reasonable opportunity to stop obstructing the search.\nIt may not be reasonably practicable for an authorised commission officer to comply with subsection (1) if, for example—\nthere is an immediate or sudden need to use force because, for example, the person is struggling with an authorised commission officer; or\nthere is a reasonable expectation that, if warned, the person may immediately dispose of, or destroy, evidence; or\nan immediate search is necessary to protect the safety of any person.\n(sec.103-ssec.1) If a person (the obstructing person ) obstructs an authorised commission officer conducting a lawful search of the obstructing person or another person, an authorised commission officer must, if reasonably practicable— warn the obstructing person it is an offence to obstruct an authorised commission officer in the performance of the officer’s duties; and give the obstructing person a reasonable opportunity to stop obstructing the search.\n(sec.103-ssec.2) It may not be reasonably practicable for an authorised commission officer to comply with subsection (1) if, for example— there is an immediate or sudden need to use force because, for example, the person is struggling with an authorised commission officer; or there is a reasonable expectation that, if warned, the person may immediately dispose of, or destroy, evidence; or an immediate search is necessary to protect the safety of any person.\n- (a) warn the obstructing person it is an offence to obstruct an authorised commission officer in the performance of the officer’s duties; and\n- (b) give the obstructing person a reasonable opportunity to stop obstructing the search.\n- (a) there is an immediate or sudden need to use force because, for example, the person is struggling with an authorised commission officer; or\n- (b) there is a reasonable expectation that, if warned, the person may immediately dispose of, or destroy, evidence; or\n- (c) an immediate search is necessary to protect the safety of any person.","sortOrder":208},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Searches involving removal of clothing","content":"## Searches involving removal of clothing","sortOrder":209},{"sectionNumber":"sec.104","sectionType":"section","heading":"Application of division","content":"### sec.104 Application of division\n\nThis division applies only for a crime investigation.","sortOrder":210},{"sectionNumber":"sec.105","sectionType":"section","heading":"Removal of clothing for search","content":"### sec.105 Removal of clothing for search\n\nAn authorised commission officer conducting the search of a person under this Act may require a person to remove all items of clothing or all items of outer clothing from the upper or lower part of the body.\ns 105 amd 2024 No. 24 s 23","sortOrder":211},{"sectionNumber":"sec.106","sectionType":"section","heading":"Protecting the dignity of persons during search","content":"### sec.106 Protecting the dignity of persons during search\n\nIf reasonably practicable—\nthe authorised commission officer must, before conducting the search—\ntell the person that the person will be required to remove clothing during the search; and\ntell the person why it is necessary to remove the clothing; and\nask for the person’s cooperation; and\nthe person must be given the opportunity to remain partly clothed during the search, for example, by allowing the person to dress the person’s upper body before being required to remove items of clothing from the lower part of the body.\nThe search must be conducted in a way providing reasonable privacy for the person.\nReasonable privacy may be provided by conducting the search in a way that ensures, as far as reasonably practicable, the person being searched can not be seen by anyone who does not need to be present.\nAlso, the search must be conducted as quickly as reasonably practicable and the person searched must be allowed to dress as soon as the search is finished.\nA regulation may prescribe other requirements and procedures for ensuring the effective carrying out of the search.\ns 106 amd 2024 No. 24 ss 24 ,  57 s ch 1 pt 2\n(sec.106-ssec.1) If reasonably practicable— the authorised commission officer must, before conducting the search— tell the person that the person will be required to remove clothing during the search; and tell the person why it is necessary to remove the clothing; and ask for the person’s cooperation; and the person must be given the opportunity to remain partly clothed during the search, for example, by allowing the person to dress the person’s upper body before being required to remove items of clothing from the lower part of the body.\n(sec.106-ssec.2) The search must be conducted in a way providing reasonable privacy for the person. Reasonable privacy may be provided by conducting the search in a way that ensures, as far as reasonably practicable, the person being searched can not be seen by anyone who does not need to be present.\n(sec.106-ssec.3) Also, the search must be conducted as quickly as reasonably practicable and the person searched must be allowed to dress as soon as the search is finished.\n(sec.106-ssec.4) A regulation may prescribe other requirements and procedures for ensuring the effective carrying out of the search.\n- (a) the authorised commission officer must, before conducting the search— (i) tell the person that the person will be required to remove clothing during the search; and (ii) tell the person why it is necessary to remove the clothing; and (iii) ask for the person’s cooperation; and\n- (i) tell the person that the person will be required to remove clothing during the search; and\n- (ii) tell the person why it is necessary to remove the clothing; and\n- (iii) ask for the person’s cooperation; and\n- (b) the person must be given the opportunity to remain partly clothed during the search, for example, by allowing the person to dress the person’s upper body before being required to remove items of clothing from the lower part of the body.\n- (i) tell the person that the person will be required to remove clothing during the search; and\n- (ii) tell the person why it is necessary to remove the clothing; and\n- (iii) ask for the person’s cooperation; and","sortOrder":212},{"sectionNumber":"sec.107","sectionType":"section","heading":"Special requirements for searching children and persons with impaired capacity","content":"### sec.107 Special requirements for searching children and persons with impaired capacity\n\nIf a person to be searched is a child, or a person with impaired capacity, who may not be able to understand the purpose of the search, the authorised commission officer must conduct the search in the presence of a support person.\nHowever, the officer may search the person in the absence of a support person if the officer reasonably suspects—\ndelaying the search is likely to result in evidence being concealed or destroyed; or\nan immediate search is necessary to protect the safety of a person.\n(sec.107-ssec.1) If a person to be searched is a child, or a person with impaired capacity, who may not be able to understand the purpose of the search, the authorised commission officer must conduct the search in the presence of a support person.\n(sec.107-ssec.2) However, the officer may search the person in the absence of a support person if the officer reasonably suspects— delaying the search is likely to result in evidence being concealed or destroyed; or an immediate search is necessary to protect the safety of a person.\n- (a) delaying the search is likely to result in evidence being concealed or destroyed; or\n- (b) an immediate search is necessary to protect the safety of a person.","sortOrder":213},{"sectionNumber":"sec.108","sectionType":"section","heading":"If video cameras monitor place where person is searched","content":"### sec.108 If video cameras monitor place where person is searched\n\nIf a video camera monitors the area where the person is searched, the authorised commission officer must—\nensure the camera is turned off; or\nconduct the search out of view of the camera.\nIf the video camera is not turned off, a recording of the search must not be shown to anyone other than—\nthe person searched or the person’s lawyer; or\na doctor treating the person searched; or\na person deciding if a proceeding is to be started against the person for an offence; or\nan authorised commission officer investigating an offence involving the person; or\nan authorised commission officer, police officer, lawyer, public prosecutor or witness involved in a proceeding against the person; or\na court.\ns 108 amd 2024 No. 24 ss 25 , 57 s ch 1 pt 2\n(sec.108-ssec.1) If a video camera monitors the area where the person is searched, the authorised commission officer must— ensure the camera is turned off; or conduct the search out of view of the camera.\n(sec.108-ssec.2) If the video camera is not turned off, a recording of the search must not be shown to anyone other than— the person searched or the person’s lawyer; or a doctor treating the person searched; or a person deciding if a proceeding is to be started against the person for an offence; or an authorised commission officer investigating an offence involving the person; or an authorised commission officer, police officer, lawyer, public prosecutor or witness involved in a proceeding against the person; or a court.\n- (a) ensure the camera is turned off; or\n- (b) conduct the search out of view of the camera.\n- (a) the person searched or the person’s lawyer; or\n- (b) a doctor treating the person searched; or\n- (c) a person deciding if a proceeding is to be started against the person for an offence; or\n- (d) an authorised commission officer investigating an offence involving the person; or\n- (e) an authorised commission officer, police officer, lawyer, public prosecutor or witness involved in a proceeding against the person; or\n- (f) a court.","sortOrder":214},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Seizing property","content":"# Seizing property","sortOrder":215},{"sectionNumber":"sec.109","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.109 Definitions for pt 5\n\nIn this part—\ncourt includes QCAT exercising its jurisdiction under this Act.\ns 109 def court amd 2009 No. 48 s 134\nprosecution includes starting a disciplinary proceeding for corrupt conduct before QCAT.\ns 109 def prosecution sub 2009 No. 24 s 1401\ns 109 amd 2014 No. 21 s 94 (1) sch 1","sortOrder":216},{"sectionNumber":"sec.110","sectionType":"section","heading":"General power to seize evidence—crime investigation","content":"### sec.110 General power to seize evidence—crime investigation\n\nThis section applies if a commission officer conducting a crime investigation lawfully enters a place, or is at a public place, and finds at the place a thing the officer reasonably suspects is evidence of the commission of major crime that the commission is investigating.\nThe officer may seize the thing, whether or not as evidence under a warrant and, if the place is entered under a warrant, whether or not the warrant was issued for the major crime.\nAlso, the officer may—\nphotograph the thing seized or the place from which the thing was seized; and\nstay at the place and re-enter it for the time reasonably necessary to remove the thing from the place.\nIf the thing is seized at a place entered under a covert search warrant, section 117 applies as if the thing had been seized under the warrant.\nOtherwise, sections 113 to 115 apply as if the thing had been seized under a warrant under part 2 .\n(sec.110-ssec.1) This section applies if a commission officer conducting a crime investigation lawfully enters a place, or is at a public place, and finds at the place a thing the officer reasonably suspects is evidence of the commission of major crime that the commission is investigating.\n(sec.110-ssec.2) The officer may seize the thing, whether or not as evidence under a warrant and, if the place is entered under a warrant, whether or not the warrant was issued for the major crime.\n(sec.110-ssec.3) Also, the officer may— photograph the thing seized or the place from which the thing was seized; and stay at the place and re-enter it for the time reasonably necessary to remove the thing from the place.\n(sec.110-ssec.4) If the thing is seized at a place entered under a covert search warrant, section 117 applies as if the thing had been seized under the warrant.\n(sec.110-ssec.5) Otherwise, sections 113 to 115 apply as if the thing had been seized under a warrant under part 2 .\n- (a) photograph the thing seized or the place from which the thing was seized; and\n- (b) stay at the place and re-enter it for the time reasonably necessary to remove the thing from the place.","sortOrder":217},{"sectionNumber":"sec.110A","sectionType":"section","heading":"General power to seize evidence—confiscation related investigation","content":"### sec.110A General power to seize evidence—confiscation related investigation\n\nThis section applies if a commission officer conducting a confiscation related investigation who lawfully enters a place under a search warrant—\nfinds at the place a thing the officer reasonably suspects is—\nconfiscation related evidence for any confiscation related investigation being conducted by the commission; or\nadmissible evidence of an indictable offence against the law of the Commonwealth or of any State; and\nSubparagraph (ii) deals with the possibility that other evidence of offences may be found at the place even though entry is made for the purpose of finding confiscation related evidence.\nreasonably believes that it is necessary to seize the thing—\nto prevent its loss, destruction, mutilation or concealment; or\nto prevent its use for a confiscation related activity or for committing an offence of a kind mentioned in paragraph (a) .\nThe officer may seize the thing.\nHowever, if a person who is entitled to claim the privilege claims the document or thing is subject to privilege, the commission officer must consider the claim and may—\ndecide to withdraw the requirement in relation to which the claim is made; or\ndecide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZZH .\nIf a claim of privilege is made and the commission officer does not withdraw the requirement, chapter 4A , part 6 , division 3 applies.\nIn this section—\nprivilege does not include privilege on the ground of confidentiality.\ns 110A ins 2002 No. 68 s 295\namd 2013 No. 21 s 10 ; 2024 No. 41 s 18\n(sec.110A-ssec.1) This section applies if a commission officer conducting a confiscation related investigation who lawfully enters a place under a search warrant— finds at the place a thing the officer reasonably suspects is— confiscation related evidence for any confiscation related investigation being conducted by the commission; or admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and Subparagraph (ii) deals with the possibility that other evidence of offences may be found at the place even though entry is made for the purpose of finding confiscation related evidence. reasonably believes that it is necessary to seize the thing— to prevent its loss, destruction, mutilation or concealment; or to prevent its use for a confiscation related activity or for committing an offence of a kind mentioned in paragraph (a) .\n(sec.110A-ssec.2) The officer may seize the thing.\n(sec.110A-ssec.3) However, if a person who is entitled to claim the privilege claims the document or thing is subject to privilege, the commission officer must consider the claim and may— decide to withdraw the requirement in relation to which the claim is made; or decide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZZH .\n(sec.110A-ssec.4) If a claim of privilege is made and the commission officer does not withdraw the requirement, chapter 4A , part 6 , division 3 applies.\n(sec.110A-ssec.5) In this section— privilege does not include privilege on the ground of confidentiality.\n- (a) finds at the place a thing the officer reasonably suspects is— (i) confiscation related evidence for any confiscation related investigation being conducted by the commission; or (ii) admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and Note— Subparagraph (ii) deals with the possibility that other evidence of offences may be found at the place even though entry is made for the purpose of finding confiscation related evidence.\n- (i) confiscation related evidence for any confiscation related investigation being conducted by the commission; or\n- (ii) admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and Note— Subparagraph (ii) deals with the possibility that other evidence of offences may be found at the place even though entry is made for the purpose of finding confiscation related evidence.\n- (b) reasonably believes that it is necessary to seize the thing— (i) to prevent its loss, destruction, mutilation or concealment; or (ii) to prevent its use for a confiscation related activity or for committing an offence of a kind mentioned in paragraph (a) .\n- (i) to prevent its loss, destruction, mutilation or concealment; or\n- (ii) to prevent its use for a confiscation related activity or for committing an offence of a kind mentioned in paragraph (a) .\n- (i) confiscation related evidence for any confiscation related investigation being conducted by the commission; or\n- (ii) admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and Note— Subparagraph (ii) deals with the possibility that other evidence of offences may be found at the place even though entry is made for the purpose of finding confiscation related evidence.\n- (i) to prevent its loss, destruction, mutilation or concealment; or\n- (ii) to prevent its use for a confiscation related activity or for committing an offence of a kind mentioned in paragraph (a) .\n- (a) decide to withdraw the requirement in relation to which the claim is made; or\n- (b) decide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZZH .","sortOrder":218},{"sectionNumber":"sec.111","sectionType":"section","heading":"General power to seize evidence—corruption investigation","content":"### sec.111 General power to seize evidence—corruption investigation\n\nThis section applies if a commission officer conducting a corruption investigation who lawfully enters a place under a search warrant—\nfinds at the place a thing the officer reasonably suspects is admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and\nreasonably believes that it is necessary to seize the thing—\nto prevent its loss, destruction, mutilation or concealment; or\nto prevent its use for committing an offence of a kind mentioned in paragraph (a) .\nThe officer may seize the thing.\nHowever, if a person who is entitled to claim the privilege claims the document or thing is subject to privilege, the authorised commission officer must consider the claim and may—\ndecide to withdraw the requirement in relation to which the claim is made; or\ndecide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZW .\nIf a claim of privilege is made and the commission officer decides not to withdraw the requirement, chapter 4A , part 4 , division 3 applies.\nIn this section—\nprivilege does not include privilege on the ground of confidentiality or self-incrimination privilege.\ns 111 amd 2002 No. 68 s 283 sch 3 ; 2014 No. 21 s 94 (1) sch 1 ; 2024 No. 41 s 19\n(sec.111-ssec.1) This section applies if a commission officer conducting a corruption investigation who lawfully enters a place under a search warrant— finds at the place a thing the officer reasonably suspects is admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and reasonably believes that it is necessary to seize the thing— to prevent its loss, destruction, mutilation or concealment; or to prevent its use for committing an offence of a kind mentioned in paragraph (a) .\n(sec.111-ssec.2) The officer may seize the thing.\n(sec.111-ssec.3) However, if a person who is entitled to claim the privilege claims the document or thing is subject to privilege, the authorised commission officer must consider the claim and may— decide to withdraw the requirement in relation to which the claim is made; or decide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZW .\n(sec.111-ssec.4) If a claim of privilege is made and the commission officer decides not to withdraw the requirement, chapter 4A , part 4 , division 3 applies.\n(sec.111-ssec.5) In this section— privilege does not include privilege on the ground of confidentiality or self-incrimination privilege.\n- (a) finds at the place a thing the officer reasonably suspects is admissible evidence of an indictable offence against the law of the Commonwealth or of any State; and\n- (b) reasonably believes that it is necessary to seize the thing— (i) to prevent its loss, destruction, mutilation or concealment; or (ii) to prevent its use for committing an offence of a kind mentioned in paragraph (a) .\n- (i) to prevent its loss, destruction, mutilation or concealment; or\n- (ii) to prevent its use for committing an offence of a kind mentioned in paragraph (a) .\n- (i) to prevent its loss, destruction, mutilation or concealment; or\n- (ii) to prevent its use for committing an offence of a kind mentioned in paragraph (a) .\n- (a) decide to withdraw the requirement in relation to which the claim is made; or\n- (b) decide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZW .","sortOrder":219},{"sectionNumber":"sec.112","sectionType":"section","heading":"Receipt for seized property","content":"### sec.112 Receipt for seized property\n\nIf a commission officer seizes anything under this chapter, other than under a covert search warrant, the officer must, as soon as is reasonably practicable after seizing the thing—\nif the person from whom it is seized is present—give to the person a receipt for the thing; or\notherwise—leave a receipt for the thing in a conspicuous place.\nThe receipt must describe the thing seized and include any other information required under a regulation.\nHowever, if the officer reasonably suspects giving the person the receipt may frustrate or otherwise hinder the investigation or another investigation, the officer may delay complying with subsection (1) , but only for so long as—\nthe officer continues to have the reasonable suspicion; and\nthe officer or another officer involved in the investigation remains in the vicinity of the place to keep it under observation.\nAlso, this section does not apply if the officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned.\nThe officer must ensure the details of the search and anything seized are recorded in the warrants register.\n(sec.112-ssec.1) If a commission officer seizes anything under this chapter, other than under a covert search warrant, the officer must, as soon as is reasonably practicable after seizing the thing— if the person from whom it is seized is present—give to the person a receipt for the thing; or otherwise—leave a receipt for the thing in a conspicuous place.\n(sec.112-ssec.2) The receipt must describe the thing seized and include any other information required under a regulation.\n(sec.112-ssec.3) However, if the officer reasonably suspects giving the person the receipt may frustrate or otherwise hinder the investigation or another investigation, the officer may delay complying with subsection (1) , but only for so long as— the officer continues to have the reasonable suspicion; and the officer or another officer involved in the investigation remains in the vicinity of the place to keep it under observation.\n(sec.112-ssec.4) Also, this section does not apply if the officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned.\n(sec.112-ssec.5) The officer must ensure the details of the search and anything seized are recorded in the warrants register.\n- (a) if the person from whom it is seized is present—give to the person a receipt for the thing; or\n- (b) otherwise—leave a receipt for the thing in a conspicuous place.\n- (a) the officer continues to have the reasonable suspicion; and\n- (b) the officer or another officer involved in the investigation remains in the vicinity of the place to keep it under observation.","sortOrder":220},{"sectionNumber":"sec.113","sectionType":"section","heading":"Application for order in relation to seized things","content":"### sec.113 Application for order in relation to seized things\n\nWithin 30 days after a commission officer seizes anything under this chapter (other than section 165 ), the officer must apply to a magistrate for an order under section 114 about the thing seized, unless—\na proceeding has been started in which the thing may be relevant; or\nconsent to the continued keeping of the thing has been given by the owner or the person who had lawful possession of the thing before it was seized; or\nit is destroyed or dealt with under the authority of another Act; or\nan order has been made about the thing under section 156 (4) .\nThe commission officer must also make an application to a magistrate for an order under section 114 about the thing seized within 30 days after either of the following happens—\na proceeding started about the thing is discontinued without any order being made in relation to the thing;\nthe consent of the owner of the thing or the person who had lawful possession of the thing before it was seized is withdrawn.\nAn application under subsection (1) or (2) must be accompanied by any warrant under which the thing is seized, with a record on it under section 339 .\ns 113 amd 2002 No. 68 s 283 sch 3\n(sec.113-ssec.1) Within 30 days after a commission officer seizes anything under this chapter (other than section 165 ), the officer must apply to a magistrate for an order under section 114 about the thing seized, unless— a proceeding has been started in which the thing may be relevant; or consent to the continued keeping of the thing has been given by the owner or the person who had lawful possession of the thing before it was seized; or it is destroyed or dealt with under the authority of another Act; or an order has been made about the thing under section 156 (4) .\n(sec.113-ssec.2) The commission officer must also make an application to a magistrate for an order under section 114 about the thing seized within 30 days after either of the following happens— a proceeding started about the thing is discontinued without any order being made in relation to the thing; the consent of the owner of the thing or the person who had lawful possession of the thing before it was seized is withdrawn.\n(sec.113-ssec.3) An application under subsection (1) or (2) must be accompanied by any warrant under which the thing is seized, with a record on it under section 339 .\n- (a) a proceeding has been started in which the thing may be relevant; or\n- (b) consent to the continued keeping of the thing has been given by the owner or the person who had lawful possession of the thing before it was seized; or\n- (c) it is destroyed or dealt with under the authority of another Act; or\n- (d) an order has been made about the thing under section 156 (4) .\n- (a) a proceeding started about the thing is discontinued without any order being made in relation to the thing;\n- (b) the consent of the owner of the thing or the person who had lawful possession of the thing before it was seized is withdrawn.","sortOrder":221},{"sectionNumber":"sec.114","sectionType":"section","heading":"Orders magistrate may make in relation to seized thing","content":"### sec.114 Orders magistrate may make in relation to seized thing\n\nThe magistrate may, in relation to the seized thing, order—\nthat it be kept in the possession of the commission or another law enforcement agency—\nuntil the end of any investigation in relation to which the thing may be relevant and for a reasonable time afterwards to enable the commission to decide whether a charge is to be laid; or\nuntil the end of any proceeding in which the thing may be relevant; or\nuntil the end of any appeal against a decision in a proceeding in which the thing is relevant; or\nthat it be returned, or photographed and returned, to its owner or the person who had lawful possession of it before it was seized on condition that the owner or person undertakes to produce it before a court in any later proceeding involving the thing; or\nthat it be returned to the person who the magistrate believes is lawfully entitled to possess it; or\nif the person entitled to possess the thing is unknown, that the thing be disposed of; or\nthat it be disposed of or destroyed; or\nthat it be dealt with by way of a proceeding under section 118 or 119 ; or\nthat it be dealt with by way of proceeding under the Justices Act 1886 , section 39 ; or\nthat it be disposed of or destroyed in the way the magistrate orders.\n- (a) that it be kept in the possession of the commission or another law enforcement agency— (i) until the end of any investigation in relation to which the thing may be relevant and for a reasonable time afterwards to enable the commission to decide whether a charge is to be laid; or (ii) until the end of any proceeding in which the thing may be relevant; or (iii) until the end of any appeal against a decision in a proceeding in which the thing is relevant; or\n- (i) until the end of any investigation in relation to which the thing may be relevant and for a reasonable time afterwards to enable the commission to decide whether a charge is to be laid; or\n- (ii) until the end of any proceeding in which the thing may be relevant; or\n- (iii) until the end of any appeal against a decision in a proceeding in which the thing is relevant; or\n- (b) that it be returned, or photographed and returned, to its owner or the person who had lawful possession of it before it was seized on condition that the owner or person undertakes to produce it before a court in any later proceeding involving the thing; or\n- (c) that it be returned to the person who the magistrate believes is lawfully entitled to possess it; or\n- (d) if the person entitled to possess the thing is unknown, that the thing be disposed of; or\n- (e) that it be disposed of or destroyed; or\n- (f) that it be dealt with by way of a proceeding under section 118 or 119 ; or\n- (g) that it be dealt with by way of proceeding under the Justices Act 1886 , section 39 ; or\n- (h) that it be disposed of or destroyed in the way the magistrate orders.\n- (i) until the end of any investigation in relation to which the thing may be relevant and for a reasonable time afterwards to enable the commission to decide whether a charge is to be laid; or\n- (ii) until the end of any proceeding in which the thing may be relevant; or\n- (iii) until the end of any appeal against a decision in a proceeding in which the thing is relevant; or","sortOrder":222},{"sectionNumber":"sec.115","sectionType":"section","heading":"Disposal of seized things at end of proceeding","content":"### sec.115 Disposal of seized things at end of proceeding\n\nAt the end of a proceeding, a court may make any of the following orders in relation to a thing seized—\nan order for the return, forfeiture, destruction or disposal of the thing;\nan order that the thing be dealt with by way of a proceeding under the Justices Act 1886 , section 39 ;\nan order that the commission retain the thing until it is dealt with according to law.\nA thing that is forfeited under an order under this Act becomes the property of the State.\n(sec.115-ssec.1) At the end of a proceeding, a court may make any of the following orders in relation to a thing seized— an order for the return, forfeiture, destruction or disposal of the thing; an order that the thing be dealt with by way of a proceeding under the Justices Act 1886 , section 39 ; an order that the commission retain the thing until it is dealt with according to law.\n(sec.115-ssec.2) A thing that is forfeited under an order under this Act becomes the property of the State.\n- (a) an order for the return, forfeiture, destruction or disposal of the thing;\n- (b) an order that the thing be dealt with by way of a proceeding under the Justices Act 1886 , section 39 ;\n- (c) an order that the commission retain the thing until it is dealt with according to law.","sortOrder":223},{"sectionNumber":"sec.116","sectionType":"section","heading":"Right to inspect seized documents","content":"### sec.116 Right to inspect seized documents\n\nUnless a justice otherwise orders, the commission, or another law enforcement agency in whose possession it is, must allow a person who would be entitled to a document in the possession of the commission or an agency—\nto inspect it at any reasonable time and from time to time; and\nto take extracts from or make copies of it.\nThe commission or the other law enforcement agency may refuse to comply with subsection (1) if the commission or agency reasonably suspects complying with the subsection will enable the person to repeat or continue an offence of which the document is evidence or to commit another offence.\n(sec.116-ssec.1) Unless a justice otherwise orders, the commission, or another law enforcement agency in whose possession it is, must allow a person who would be entitled to a document in the possession of the commission or an agency— to inspect it at any reasonable time and from time to time; and to take extracts from or make copies of it.\n(sec.116-ssec.2) The commission or the other law enforcement agency may refuse to comply with subsection (1) if the commission or agency reasonably suspects complying with the subsection will enable the person to repeat or continue an offence of which the document is evidence or to commit another offence.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) to take extracts from or make copies of it.","sortOrder":224},{"sectionNumber":"sec.117","sectionType":"section","heading":"Return of seized things","content":"### sec.117 Return of seized things\n\nThe commission, or another law enforcement agency in whose possession it is, must return a seized thing in the possession of the commission or agency to its owner—\nif the thing is required as evidence for a prosecution and subject to any order made by a court—at the end of the prosecution and any appeal from the prosecution; or\nimmediately the commission or agency stops being satisfied its retention as evidence is necessary.\n- (a) if the thing is required as evidence for a prosecution and subject to any order made by a court—at the end of the prosecution and any appeal from the prosecution; or\n- (b) immediately the commission or agency stops being satisfied its retention as evidence is necessary.","sortOrder":225},{"sectionNumber":"sec.118","sectionType":"section","heading":"Application by owner etc. for return of things","content":"### sec.118 Application by owner etc. for return of things\n\nThis section applies to a thing that has been in the possession of the commission for at least 30 days.\nA person who claims to have a legal or equitable interest in the thing may apply to a magistrate for an order that the thing be delivered to the person.\nThe person must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application—\nthe chairperson;\nanyone else the person reasonably believes has a legal or equitable interest in the thing.\nThe magistrate may order that the thing be delivered to a person on any conditions the magistrate considers appropriate if satisfied—\nthe person may lawfully possess the thing; and\nit is appropriate that the thing be delivered to the person.\nHowever, the magistrate must not order the delivery of a thing to the person if the magistrate is reasonably satisfied the thing—\nmay be evidence in a proceeding started in relation to the thing; or\nis a thing used in or for manufacturing a dangerous drug; or\nmay be subject to a forfeiture proceeding, including a forfeiture proceeding relating to an interstate serious offence under the Confiscation Act .\ns 118 amd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.118-ssec.1) This section applies to a thing that has been in the possession of the commission for at least 30 days.\n(sec.118-ssec.2) A person who claims to have a legal or equitable interest in the thing may apply to a magistrate for an order that the thing be delivered to the person.\n(sec.118-ssec.3) The person must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application— the chairperson; anyone else the person reasonably believes has a legal or equitable interest in the thing.\n(sec.118-ssec.4) The magistrate may order that the thing be delivered to a person on any conditions the magistrate considers appropriate if satisfied— the person may lawfully possess the thing; and it is appropriate that the thing be delivered to the person.\n(sec.118-ssec.5) However, the magistrate must not order the delivery of a thing to the person if the magistrate is reasonably satisfied the thing— may be evidence in a proceeding started in relation to the thing; or is a thing used in or for manufacturing a dangerous drug; or may be subject to a forfeiture proceeding, including a forfeiture proceeding relating to an interstate serious offence under the Confiscation Act .\n- (a) the chairperson;\n- (b) anyone else the person reasonably believes has a legal or equitable interest in the thing.\n- (a) the person may lawfully possess the thing; and\n- (b) it is appropriate that the thing be delivered to the person.\n- (a) may be evidence in a proceeding started in relation to the thing; or\n- (b) is a thing used in or for manufacturing a dangerous drug; or\n- (c) may be subject to a forfeiture proceeding, including a forfeiture proceeding relating to an interstate serious offence under the Confiscation Act .","sortOrder":226},{"sectionNumber":"sec.119","sectionType":"section","heading":"Application by commission officer for order if ownership dispute","content":"### sec.119 Application by commission officer for order if ownership dispute\n\nThis section applies if there is a question about the ownership of a thing that has been in the possession of the commission for at least 30 days.\nA commission officer may apply to a magistrate for an order declaring who is the owner of the thing.\nThe officer must give anyone the officer reasonably believes has a legal or equitable interest in the thing a copy of the application and notice of the day, time and place fixed for hearing the application.\nThe magistrate may make the order the magistrate considers appropriate.\nIf the magistrate can not decide who owns the thing, the magistrate may make the orders the magistrate considers appropriate for the disposal of the thing.\n(sec.119-ssec.1) This section applies if there is a question about the ownership of a thing that has been in the possession of the commission for at least 30 days.\n(sec.119-ssec.2) A commission officer may apply to a magistrate for an order declaring who is the owner of the thing.\n(sec.119-ssec.3) The officer must give anyone the officer reasonably believes has a legal or equitable interest in the thing a copy of the application and notice of the day, time and place fixed for hearing the application.\n(sec.119-ssec.4) The magistrate may make the order the magistrate considers appropriate.\n(sec.119-ssec.5) If the magistrate can not decide who owns the thing, the magistrate may make the orders the magistrate considers appropriate for the disposal of the thing.","sortOrder":227},{"sectionNumber":"ch.3-pt.5A","sectionType":"part","heading":"Monitoring and suspension orders","content":"# Monitoring and suspension orders","sortOrder":228},{"sectionNumber":"ch.3-pt.5A-div.1","sectionType":"division","heading":"Interpretation and application","content":"## Interpretation and application","sortOrder":229},{"sectionNumber":"sec.119A","sectionType":"section","heading":"Meaning of financial institution","content":"### sec.119A Meaning of financial institution\n\nIn this part—\nfinancial institution includes—\na corporation that is (or that, if it had been incorporated in Australia, would be) a financial corporation within the meaning of the Commonwealth Constitution , section 51 (xx) ; and\nanother entity that permits persons to deposit money with it for use by, or at the direction of, the persons for gaming or betting.\ns 119A ins 2002 No. 68 s 296\n- (a) a corporation that is (or that, if it had been incorporated in Australia, would be) a financial corporation within the meaning of the Commonwealth Constitution , section 51 (xx) ; and\n- (b) another entity that permits persons to deposit money with it for use by, or at the direction of, the persons for gaming or betting.","sortOrder":230},{"sectionNumber":"sec.119B","sectionType":"section","heading":"Application of pt 5A","content":"### sec.119B Application of pt 5A\n\nThis part applies only for the purposes of enhancing the commission’s powers under the Confiscation Act .\ns 119B ins 2002 No. 68 s 296\namd 2009 No. 48 s 135","sortOrder":231},{"sectionNumber":"ch.3-pt.5A-div.2","sectionType":"division","heading":"Monitoring orders","content":"## Monitoring orders","sortOrder":232},{"sectionNumber":"sec.119C","sectionType":"section","heading":"Monitoring order applications","content":"### sec.119C Monitoring order applications\n\nAn authorised commission officer may apply to a Supreme Court judge for an order ( monitoring order ) directing a financial institution to give information to a commission officer about a named person.\nThe application—\nmay be made without notice to any party; and\nmust—\nbe sworn and state the grounds on which the order is sought; and\ninclude information required under a regulation about any monitoring orders issued within the previous year in relation to an account held with the financial institution by the named person.\nSubsection (2) (b) applies only to—\ninformation kept in a register that the authorised commission officer may inspect; and\ninformation the authorised commission officer otherwise actually knows.\nThe judge may refuse to consider the application until the authorised commission officer gives the judge all the information the judge requires about the application in the way the judge requires.\nThe judge may require additional information supporting the application to be given by statutory declaration.\ns 119C ins 2002 No. 68 s 296\n(sec.119C-ssec.1) An authorised commission officer may apply to a Supreme Court judge for an order ( monitoring order ) directing a financial institution to give information to a commission officer about a named person.\n(sec.119C-ssec.2) The application— may be made without notice to any party; and must— be sworn and state the grounds on which the order is sought; and include information required under a regulation about any monitoring orders issued within the previous year in relation to an account held with the financial institution by the named person.\n(sec.119C-ssec.3) Subsection (2) (b) applies only to— information kept in a register that the authorised commission officer may inspect; and information the authorised commission officer otherwise actually knows.\n(sec.119C-ssec.4) The judge may refuse to consider the application until the authorised commission officer gives the judge all the information the judge requires about the application in the way the judge requires. The judge may require additional information supporting the application to be given by statutory declaration.\n- (a) may be made without notice to any party; and\n- (b) must— (i) be sworn and state the grounds on which the order is sought; and (ii) include information required under a regulation about any monitoring orders issued within the previous year in relation to an account held with the financial institution by the named person.\n- (i) be sworn and state the grounds on which the order is sought; and\n- (ii) include information required under a regulation about any monitoring orders issued within the previous year in relation to an account held with the financial institution by the named person.\n- (i) be sworn and state the grounds on which the order is sought; and\n- (ii) include information required under a regulation about any monitoring orders issued within the previous year in relation to an account held with the financial institution by the named person.\n- (a) information kept in a register that the authorised commission officer may inspect; and\n- (b) information the authorised commission officer otherwise actually knows.","sortOrder":233},{"sectionNumber":"sec.119D","sectionType":"section","heading":"Making of monitoring order","content":"### sec.119D Making of monitoring order\n\nThe Supreme Court judge may make the monitoring order only if satisfied there are reasonable grounds for suspecting that the person named in the application—\nhas been, or is about to be, involved in a serious crime related activity; or\nhas acquired directly or indirectly, or is about to acquire directly or indirectly, serious crime derived property.\ns 119D ins 2002 No. 68 s 296\n- (a) has been, or is about to be, involved in a serious crime related activity; or\n- (b) has acquired directly or indirectly, or is about to acquire directly or indirectly, serious crime derived property.","sortOrder":234},{"sectionNumber":"sec.119E","sectionType":"section","heading":"What monitoring order must state","content":"### sec.119E What monitoring order must state\n\nThe monitoring order must order a financial institution to give information obtained by the institution about transactions conducted through an account held by the named person with the institution and state—\nthe name or names in which the account is believed to be held; and\nthe type of information the institution is required to give; and\nthe period, of not more than 3 months from the date of its making, the order is in force; and\nthat the order applies to transactions conducted during the period stated in the order; and\nthat the information is to be given to any commission officer or to a stated commission officer and the way in which the information is to be given.\nIn this section—\ntransaction conducted through an account includes—\nthe making of a fixed term deposit; and\nin relation to a fixed term deposit—the transfer of the amount deposited, or any part of it, at the end of the term.\ns 119E ins 2002 No. 68 s 296\n(sec.119E-ssec.1) The monitoring order must order a financial institution to give information obtained by the institution about transactions conducted through an account held by the named person with the institution and state— the name or names in which the account is believed to be held; and the type of information the institution is required to give; and the period, of not more than 3 months from the date of its making, the order is in force; and that the order applies to transactions conducted during the period stated in the order; and that the information is to be given to any commission officer or to a stated commission officer and the way in which the information is to be given.\n(sec.119E-ssec.2) In this section— transaction conducted through an account includes— the making of a fixed term deposit; and in relation to a fixed term deposit—the transfer of the amount deposited, or any part of it, at the end of the term.\n- (a) the name or names in which the account is believed to be held; and\n- (b) the type of information the institution is required to give; and\n- (c) the period, of not more than 3 months from the date of its making, the order is in force; and\n- (d) that the order applies to transactions conducted during the period stated in the order; and\n- (e) that the information is to be given to any commission officer or to a stated commission officer and the way in which the information is to be given.\n- (a) the making of a fixed term deposit; and\n- (b) in relation to a fixed term deposit—the transfer of the amount deposited, or any part of it, at the end of the term.","sortOrder":235},{"sectionNumber":"sec.119F","sectionType":"section","heading":"When period stated in monitoring order starts","content":"### sec.119F When period stated in monitoring order starts\n\nA monitoring order has effect from the start of the day notice of the order is given to the financial institution.\ns 119F ins 2002 No. 68 s 296","sortOrder":236},{"sectionNumber":"sec.119G","sectionType":"section","heading":"Offence to contravene monitoring order","content":"### sec.119G Offence to contravene monitoring order\n\nA financial institution that has been given notice of a monitoring order must not knowingly—\ncontravene the order; or\nprovide false or misleading information in purported compliance with the order.\nMaximum penalty—1,000 penalty units.\ns 119G ins 2002 No. 68 s 296\n- (a) contravene the order; or\n- (b) provide false or misleading information in purported compliance with the order.","sortOrder":237},{"sectionNumber":"sec.119H","sectionType":"section","heading":"Existence and operation of monitoring order not to be disclosed","content":"### sec.119H Existence and operation of monitoring order not to be disclosed\n\nA financial institution that is or has been subject to a monitoring order must not disclose the existence or the operation of the order to any person other than—\na commission officer; or\nan officer or agent of the institution (an institution officer ), for ensuring the order is complied with; or\na lawyer, for obtaining legal advice or representation in relation to the order.\nA person to whom the existence or operation of a monitoring order has been disclosed, whether under subsection (1) or under the provision as originally made or remade or otherwise, must not—\nwhile the person is a commission officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for—\nif the person is a commission officer—performing the person’s duties; or\nif the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or\nif the person is a lawyer—giving legal advice or making representations in relation to the order; or\nwhen the person is no longer a commission officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.\nSubsection (2) does not prevent a commission officer disclosing the existence or operation of a monitoring order—\nfor, or in relation to, a legal proceeding; or\nin a proceeding before a court.\nA commission officer can not be required to disclose to any court the existence or operation of a monitoring order.\nA person who contravenes subsection (1) or (2) commits a crime.\nMaximum penalty—350 penalty units or 7 years imprisonment.\nA reference in this section to disclosing the existence or operation of a monitoring order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the monitoring order.\nIn this section—\nofficer , of a financial institution, means—\na secretary, executive officer or employee of the financial institution; or\nanyone who, under the Confiscation Act , is a director of the financial institution.\ns 119H ins 2002 No. 68 s 296\n(sec.119H-ssec.1) A financial institution that is or has been subject to a monitoring order must not disclose the existence or the operation of the order to any person other than— a commission officer; or an officer or agent of the institution (an institution officer ), for ensuring the order is complied with; or a lawyer, for obtaining legal advice or representation in relation to the order.\n(sec.119H-ssec.2) A person to whom the existence or operation of a monitoring order has been disclosed, whether under subsection (1) or under the provision as originally made or remade or otherwise, must not— while the person is a commission officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for— if the person is a commission officer—performing the person’s duties; or if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or if the person is a lawyer—giving legal advice or making representations in relation to the order; or when the person is no longer a commission officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.\n(sec.119H-ssec.3) Subsection (2) does not prevent a commission officer disclosing the existence or operation of a monitoring order— for, or in relation to, a legal proceeding; or in a proceeding before a court.\n(sec.119H-ssec.4) A commission officer can not be required to disclose to any court the existence or operation of a monitoring order.\n(sec.119H-ssec.5) A person who contravenes subsection (1) or (2) commits a crime. Maximum penalty—350 penalty units or 7 years imprisonment.\n(sec.119H-ssec.6) A reference in this section to disclosing the existence or operation of a monitoring order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the monitoring order.\n(sec.119H-ssec.7) In this section— officer , of a financial institution, means— a secretary, executive officer or employee of the financial institution; or anyone who, under the Confiscation Act , is a director of the financial institution.\n- (a) a commission officer; or\n- (b) an officer or agent of the institution (an institution officer ), for ensuring the order is complied with; or\n- (c) a lawyer, for obtaining legal advice or representation in relation to the order.\n- (a) while the person is a commission officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for— (i) if the person is a commission officer—performing the person’s duties; or (ii) if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or (iii) if the person is a lawyer—giving legal advice or making representations in relation to the order; or\n- (i) if the person is a commission officer—performing the person’s duties; or\n- (ii) if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or\n- (iii) if the person is a lawyer—giving legal advice or making representations in relation to the order; or\n- (b) when the person is no longer a commission officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.\n- (i) if the person is a commission officer—performing the person’s duties; or\n- (ii) if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or\n- (iii) if the person is a lawyer—giving legal advice or making representations in relation to the order; or\n- (a) for, or in relation to, a legal proceeding; or\n- (b) in a proceeding before a court.\n- (a) a secretary, executive officer or employee of the financial institution; or\n- (b) anyone who, under the Confiscation Act , is a director of the financial institution.","sortOrder":238},{"sectionNumber":"ch.3-pt.5A-div.3","sectionType":"division","heading":"Suspension orders","content":"## Suspension orders","sortOrder":239},{"sectionNumber":"sec.119I","sectionType":"section","heading":"Suspension order application","content":"### sec.119I Suspension order application\n\nAn authorised commission officer may apply to a Supreme Court judge for an order ( suspension order ) directing a financial institution to give information to a commission officer about a named person.\nThe application—\nmay be made without notice to any person; and\nmust—\nbe sworn and state the grounds on which the order is sought; and\ninclude information required under a regulation about any suspension orders issued within the previous year in relation to an account held with the financial institution by the named person.\nSubsection (2) (b) (ii) applies only to—\ninformation kept in a register that the authorised commission officer may inspect; and\ninformation the authorised commission officer otherwise actually knows.\nThe judge may refuse to consider the application until the authorised commission officer gives the judge all the information the judge requires about the application in the way the judge requires.\nThe judge may require additional information supporting the application to be given by statutory declaration.\ns 119I ins 2002 No. 68 s 296\n(sec.119I-ssec.1) An authorised commission officer may apply to a Supreme Court judge for an order ( suspension order ) directing a financial institution to give information to a commission officer about a named person.\n(sec.119I-ssec.2) The application— may be made without notice to any person; and must— be sworn and state the grounds on which the order is sought; and include information required under a regulation about any suspension orders issued within the previous year in relation to an account held with the financial institution by the named person.\n(sec.119I-ssec.3) Subsection (2) (b) (ii) applies only to— information kept in a register that the authorised commission officer may inspect; and information the authorised commission officer otherwise actually knows.\n(sec.119I-ssec.4) The judge may refuse to consider the application until the authorised commission officer gives the judge all the information the judge requires about the application in the way the judge requires. The judge may require additional information supporting the application to be given by statutory declaration.\n- (a) may be made without notice to any person; and\n- (b) must— (i) be sworn and state the grounds on which the order is sought; and (ii) include information required under a regulation about any suspension orders issued within the previous year in relation to an account held with the financial institution by the named person.\n- (i) be sworn and state the grounds on which the order is sought; and\n- (ii) include information required under a regulation about any suspension orders issued within the previous year in relation to an account held with the financial institution by the named person.\n- (i) be sworn and state the grounds on which the order is sought; and\n- (ii) include information required under a regulation about any suspension orders issued within the previous year in relation to an account held with the financial institution by the named person.\n- (a) information kept in a register that the authorised commission officer may inspect; and\n- (b) information the authorised commission officer otherwise actually knows.","sortOrder":240},{"sectionNumber":"sec.119J","sectionType":"section","heading":"Making of suspension order","content":"### sec.119J Making of suspension order\n\nThe Supreme Court judge may make the suspension order only if satisfied there are reasonable grounds for suspecting that the person named in the application—\nhas been, or is about to be, involved in a serious crime related activity; or\nhas acquired directly or indirectly, or is about to acquire directly or indirectly, serious crime derived property.\ns 119J ins 2002 No. 68 s 296\n- (a) has been, or is about to be, involved in a serious crime related activity; or\n- (b) has acquired directly or indirectly, or is about to acquire directly or indirectly, serious crime derived property.","sortOrder":241},{"sectionNumber":"sec.119K","sectionType":"section","heading":"What suspension order must state","content":"### sec.119K What suspension order must state\n\nThe suspension order must order a financial institution—\nto notify a commission officer immediately of any transaction that has been initiated in connection with an account held with the institution by a person named in the order; and\nto notify a commission officer immediately if there are reasonable grounds for suspecting that a transaction is about to be initiated in connection with the account; and\nto refrain from completing or effecting the transaction for 48 hours, unless a named commission officer gives the financial institution written consent to the transaction being completed immediately.\nIn addition, the suspension order must state—\nthe name or names in which the account is believed to be held; and\nthe type of information the institution is required to give; and\nthe period, of not more than 3 months from the date of its making, the order is in force; and\nthat the order applies to transactions conducted during the period stated in the order; and\nthat the information is to be given to any commission officer or to a stated commission officer and the way in which the information is to be given.\ns 119K ins 2002 No. 68 s 296\namd 2009 No. 48 s 136\n(sec.119K-ssec.1) The suspension order must order a financial institution— to notify a commission officer immediately of any transaction that has been initiated in connection with an account held with the institution by a person named in the order; and to notify a commission officer immediately if there are reasonable grounds for suspecting that a transaction is about to be initiated in connection with the account; and to refrain from completing or effecting the transaction for 48 hours, unless a named commission officer gives the financial institution written consent to the transaction being completed immediately.\n(sec.119K-ssec.2) In addition, the suspension order must state— the name or names in which the account is believed to be held; and the type of information the institution is required to give; and the period, of not more than 3 months from the date of its making, the order is in force; and that the order applies to transactions conducted during the period stated in the order; and that the information is to be given to any commission officer or to a stated commission officer and the way in which the information is to be given.\n- (a) to notify a commission officer immediately of any transaction that has been initiated in connection with an account held with the institution by a person named in the order; and\n- (b) to notify a commission officer immediately if there are reasonable grounds for suspecting that a transaction is about to be initiated in connection with the account; and\n- (c) to refrain from completing or effecting the transaction for 48 hours, unless a named commission officer gives the financial institution written consent to the transaction being completed immediately.\n- (a) the name or names in which the account is believed to be held; and\n- (b) the type of information the institution is required to give; and\n- (c) the period, of not more than 3 months from the date of its making, the order is in force; and\n- (d) that the order applies to transactions conducted during the period stated in the order; and\n- (e) that the information is to be given to any commission officer or to a stated commission officer and the way in which the information is to be given.","sortOrder":242},{"sectionNumber":"sec.119L","sectionType":"section","heading":"When period stated in suspension order starts","content":"### sec.119L When period stated in suspension order starts\n\nA suspension order has effect from the time notice of the order is given to the financial institution.\ns 119L ins 2002 No. 68 s 296","sortOrder":243},{"sectionNumber":"sec.119M","sectionType":"section","heading":"Contravention of suspension order","content":"### sec.119M Contravention of suspension order\n\nA financial institution that has been given notice of a suspension order must not knowingly—\ncontravene the order; or\nprovide false or misleading information in purported compliance with the order.\nMaximum penalty—1,000 penalty units.\ns 119M ins 2002 No. 68 s 296\n- (a) contravene the order; or\n- (b) provide false or misleading information in purported compliance with the order.","sortOrder":244},{"sectionNumber":"sec.119N","sectionType":"section","heading":"Existence and operation of suspension order not to be disclosed","content":"### sec.119N Existence and operation of suspension order not to be disclosed\n\nA financial institution that is or has been subject to a suspension order must not disclose the existence or the operation of the order to any person other than—\na commission officer; or\nan officer or agent of the institution (an institution officer ), for ensuring the order is complied with; or\na lawyer, for obtaining legal advice or representation in relation to the order.\nA person to whom the existence or operation of a suspension order has been disclosed, whether under subsection (1) or under the provision as originally made or remade or otherwise, must not—\nwhile the person is a commission officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for—\nif the person is a commission officer—performing the person’s duties; or\nif the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or\nif the person is a lawyer—giving legal advice or making representations in relation to the order; or\nwhen the person is no longer a commission officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.\nSubsection (2) does not prevent a commission officer disclosing the existence or operation of a suspension order—\nfor, or in relation to, a legal proceeding; or\nin a proceeding before a court.\nA commission officer can not be required to disclose to any court the existence or operation of a suspension order.\nA person who contravenes subsection (1) or (2) commits a crime.\nMaximum penalty—350 penalty units or 7 years imprisonment.\nA reference in this section to disclosing the existence or operation of a suspension order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the suspension order.\nIn this section—\nofficer , of a financial institution, means—\na secretary, executive officer or employee of the financial institution; or\nanyone who, under the Confiscation Act , is a director of the financial institution.\ns 119N ins 2002 No. 68 s 296\n(sec.119N-ssec.1) A financial institution that is or has been subject to a suspension order must not disclose the existence or the operation of the order to any person other than— a commission officer; or an officer or agent of the institution (an institution officer ), for ensuring the order is complied with; or a lawyer, for obtaining legal advice or representation in relation to the order.\n(sec.119N-ssec.2) A person to whom the existence or operation of a suspension order has been disclosed, whether under subsection (1) or under the provision as originally made or remade or otherwise, must not— while the person is a commission officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for— if the person is a commission officer—performing the person’s duties; or if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or if the person is a lawyer—giving legal advice or making representations in relation to the order; or when the person is no longer a commission officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.\n(sec.119N-ssec.3) Subsection (2) does not prevent a commission officer disclosing the existence or operation of a suspension order— for, or in relation to, a legal proceeding; or in a proceeding before a court.\n(sec.119N-ssec.4) A commission officer can not be required to disclose to any court the existence or operation of a suspension order.\n(sec.119N-ssec.5) A person who contravenes subsection (1) or (2) commits a crime. Maximum penalty—350 penalty units or 7 years imprisonment.\n(sec.119N-ssec.6) A reference in this section to disclosing the existence or operation of a suspension order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the suspension order.\n(sec.119N-ssec.7) In this section— officer , of a financial institution, means— a secretary, executive officer or employee of the financial institution; or anyone who, under the Confiscation Act , is a director of the financial institution.\n- (a) a commission officer; or\n- (b) an officer or agent of the institution (an institution officer ), for ensuring the order is complied with; or\n- (c) a lawyer, for obtaining legal advice or representation in relation to the order.\n- (a) while the person is a commission officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for— (i) if the person is a commission officer—performing the person’s duties; or (ii) if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or (iii) if the person is a lawyer—giving legal advice or making representations in relation to the order; or\n- (i) if the person is a commission officer—performing the person’s duties; or\n- (ii) if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or\n- (iii) if the person is a lawyer—giving legal advice or making representations in relation to the order; or\n- (b) when the person is no longer a commission officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.\n- (i) if the person is a commission officer—performing the person’s duties; or\n- (ii) if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or\n- (iii) if the person is a lawyer—giving legal advice or making representations in relation to the order; or\n- (a) for, or in relation to, a legal proceeding; or\n- (b) in a proceeding before a court.\n- (a) a secretary, executive officer or employee of the financial institution; or\n- (b) anyone who, under the Confiscation Act , is a director of the financial institution.","sortOrder":245},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Surveillance devices","content":"# Surveillance devices","sortOrder":246},{"sectionNumber":"ch.3-pt.6-div.1","sectionType":"division","heading":"Non-application of Public Records Act 2023","content":"## Non-application of Public Records Act 2023","sortOrder":247},{"sectionNumber":"sec.120","sectionType":"section","heading":"Public Records Act 2023 does not apply to divs 2 – 3","content":"### sec.120 Public Records Act 2023 does not apply to divs 2 – 3\n\nThe Public Records Act 2023 does not apply to activities or records under divisions 2 and 3 .\ns 120 amd 2002 No. 68 s 283 sch 3 ; 2005 No. 45 s 67 sch 3\nsub 2009 No. 13 s 213 sch 5\namd 2023 No. 33 s 107 sch 5","sortOrder":248},{"sectionNumber":"ch.3-pt.6-div.2","sectionType":"division","heading":"Use of surveillance devices under warrant of Supreme Court judge","content":"## Use of surveillance devices under warrant of Supreme Court judge","sortOrder":249},{"sectionNumber":"sec.121","sectionType":"section","heading":"Surveillance warrant applications","content":"### sec.121 Surveillance warrant applications\n\nThis section applies if the chairperson reasonably believes a person has been, is, or is likely to be, involved in corruption being investigated by the commission.\nAn authorised commission officer may, with the chairperson’s approval, apply to a Supreme Court judge for a warrant ( surveillance warrant ) authorising the use of a surveillance device.\nFor subsection (2) , an authorised commission officer who is a police officer must be of at least the rank of inspector.\nThe application must—\nbe sworn and state the grounds on which the warrant is sought; and\nfully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and\ninclude information stated under a regulation about any warrants issued within the previous year in relation to the person or the place specified in the application.\nThe place specified in the application (the relevant place ) may be a public place and may be described by reference to a class of place.\nSubsection (4) (c) only applies to—\ninformation kept in a register that the officer may inspect; and\ninformation the officer otherwise actually knows.\nThe applicant must advise the public interest monitor of the application under arrangements decided by the monitor.\nThe judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires.\nThe judge may require additional information supporting the application to be given by statutory declaration.\ns 121 amd 2004 No. 8 s 5 ; 2005 No. 45 s 67 sch 3 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) – (2)\n(sec.121-ssec.1) This section applies if the chairperson reasonably believes a person has been, is, or is likely to be, involved in corruption being investigated by the commission.\n(sec.121-ssec.2) An authorised commission officer may, with the chairperson’s approval, apply to a Supreme Court judge for a warrant ( surveillance warrant ) authorising the use of a surveillance device.\n(sec.121-ssec.3) For subsection (2) , an authorised commission officer who is a police officer must be of at least the rank of inspector.\n(sec.121-ssec.4) The application must— be sworn and state the grounds on which the warrant is sought; and fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and include information stated under a regulation about any warrants issued within the previous year in relation to the person or the place specified in the application.\n(sec.121-ssec.5) The place specified in the application (the relevant place ) may be a public place and may be described by reference to a class of place.\n(sec.121-ssec.6) Subsection (4) (c) only applies to— information kept in a register that the officer may inspect; and information the officer otherwise actually knows.\n(sec.121-ssec.7) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor.\n(sec.121-ssec.8) The judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires. The judge may require additional information supporting the application to be given by statutory declaration.\n- (a) be sworn and state the grounds on which the warrant is sought; and\n- (b) fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and\n- (c) include information stated under a regulation about any warrants issued within the previous year in relation to the person or the place specified in the application.\n- (a) information kept in a register that the officer may inspect; and\n- (b) information the officer otherwise actually knows.","sortOrder":250},{"sectionNumber":"sec.122","sectionType":"section","heading":"Who may be present at consideration of application for surveillance warrant","content":"### sec.122 Who may be present at consideration of application for surveillance warrant\n\nThe judge must hear an application for a surveillance warrant in the absence of anyone other than the following—\nthe applicant;\na monitor;\nsomeone the judge permits to be present;\na lawyer representing anyone mentioned in paragraphs (a) to (c) .\nAlso, the judge must hear the application—\nin the absence of the person proposed to be placed under surveillance (the relevant person ) or anyone likely to inform the relevant person of the application; and\nwithout the relevant person having been informed of the application.\n(sec.122-ssec.1) The judge must hear an application for a surveillance warrant in the absence of anyone other than the following— the applicant; a monitor; someone the judge permits to be present; a lawyer representing anyone mentioned in paragraphs (a) to (c) .\n(sec.122-ssec.2) Also, the judge must hear the application— in the absence of the person proposed to be placed under surveillance (the relevant person ) or anyone likely to inform the relevant person of the application; and without the relevant person having been informed of the application.\n- (a) the applicant;\n- (b) a monitor;\n- (c) someone the judge permits to be present;\n- (d) a lawyer representing anyone mentioned in paragraphs (a) to (c) .\n- (a) in the absence of the person proposed to be placed under surveillance (the relevant person ) or anyone likely to inform the relevant person of the application; and\n- (b) without the relevant person having been informed of the application.","sortOrder":251},{"sectionNumber":"sec.123","sectionType":"section","heading":"Consideration of application for surveillance warrant","content":"### sec.123 Consideration of application for surveillance warrant\n\nBefore deciding an application for a surveillance warrant, the judge must, in particular, and being mindful of the highly intrusive nature of using a surveillance device, consider the following—\nthe nature and seriousness of the corruption;\nthe likely extent of interference with the privacy of—\nthe relevant person; or\nany other occupant of the relevant place;\nif the warrant is issued;\nthe extent to which issuing the warrant would help prevent, detect, or provide evidence of the commission of, the corruption;\nthe benefits derived from the issue of any previous surveillance warrants in relation to the relevant person or the relevant place;\nthe extent to which officers investigating the corruption have used or can use conventional ways of investigation;\nhow much the use of conventional ways of investigation would be likely to help in the investigation of the corruption;\nhow much the use of conventional ways of investigation would prejudice the investigation of the corruption because of delay or for another reason;\nany submissions made by a monitor.\ns 123 amd 2004 No. 8 s 6 ; 2005 No. 45 s 67 sch 3 ; 2014 No. 21 s 94 (1) sch 1\n- (a) the nature and seriousness of the corruption;\n- (b) the likely extent of interference with the privacy of— (i) the relevant person; or (ii) any other occupant of the relevant place; if the warrant is issued;\n- (i) the relevant person; or\n- (ii) any other occupant of the relevant place;\n- (c) the extent to which issuing the warrant would help prevent, detect, or provide evidence of the commission of, the corruption;\n- (d) the benefits derived from the issue of any previous surveillance warrants in relation to the relevant person or the relevant place;\n- (e) the extent to which officers investigating the corruption have used or can use conventional ways of investigation;\n- (f) how much the use of conventional ways of investigation would be likely to help in the investigation of the corruption;\n- (g) how much the use of conventional ways of investigation would prejudice the investigation of the corruption because of delay or for another reason;\n- (h) any submissions made by a monitor.\n- (i) the relevant person; or\n- (ii) any other occupant of the relevant place;","sortOrder":252},{"sectionNumber":"sec.124","sectionType":"section","heading":"Issue of surveillance warrant","content":"### sec.124 Issue of surveillance warrant\n\nAfter considering the application, the judge may issue a surveillance warrant for a period of not more than 30 days if satisfied there are reasonable grounds for believing—\nthe relevant person has been, is, or is likely to be, involved in the corruption and is likely to be at the relevant place; or\nevidence of the corruption is likely to be obtained using a surveillance device at the relevant place.\nThe judge may issue a surveillance warrant authorising the use of a surveillance device in the office of a practising lawyer only if the application for the warrant relates to the lawyer’s involvement in corruption.\nThe judge may impose any conditions on the warrant that the judge considers are necessary in the public interest including, but not limited to—\na condition requiring regular reporting to a judge on activities under the warrant; and\na condition requiring that, if a listening device is to be used in a public place or class of place, the officer, before installing or using the device, must have a reasonable belief that the relevant person is or will be in the place where the device is to be used.\nThe warrant may be issued for any motel in a stated area because the officer may have a reasonable belief that the relevant person may be in a motel in the area but not know in advance which one. The condition may be that the device may only be installed if the officer reasonably believes the person is likely to be in the place.\ns 124 amd 2004 No. 8 s 7 ; 2005 No. 45 s 67 sch 3 ; 2009 No. 48 s 137 ; 2014 No. 21 s 94 (1) sch 1\n(sec.124-ssec.1) After considering the application, the judge may issue a surveillance warrant for a period of not more than 30 days if satisfied there are reasonable grounds for believing— the relevant person has been, is, or is likely to be, involved in the corruption and is likely to be at the relevant place; or evidence of the corruption is likely to be obtained using a surveillance device at the relevant place.\n(sec.124-ssec.2) The judge may issue a surveillance warrant authorising the use of a surveillance device in the office of a practising lawyer only if the application for the warrant relates to the lawyer’s involvement in corruption.\n(sec.124-ssec.3) The judge may impose any conditions on the warrant that the judge considers are necessary in the public interest including, but not limited to— a condition requiring regular reporting to a judge on activities under the warrant; and a condition requiring that, if a listening device is to be used in a public place or class of place, the officer, before installing or using the device, must have a reasonable belief that the relevant person is or will be in the place where the device is to be used. The warrant may be issued for any motel in a stated area because the officer may have a reasonable belief that the relevant person may be in a motel in the area but not know in advance which one. The condition may be that the device may only be installed if the officer reasonably believes the person is likely to be in the place.\n- (a) the relevant person has been, is, or is likely to be, involved in the corruption and is likely to be at the relevant place; or\n- (b) evidence of the corruption is likely to be obtained using a surveillance device at the relevant place.\n- (a) a condition requiring regular reporting to a judge on activities under the warrant; and\n- (b) a condition requiring that, if a listening device is to be used in a public place or class of place, the officer, before installing or using the device, must have a reasonable belief that the relevant person is or will be in the place where the device is to be used. Example for subsection (3) (b) — The warrant may be issued for any motel in a stated area because the officer may have a reasonable belief that the relevant person may be in a motel in the area but not know in advance which one. The condition may be that the device may only be installed if the officer reasonably believes the person is likely to be in the place.","sortOrder":253},{"sectionNumber":"sec.125","sectionType":"section","heading":"What surveillance warrant must state","content":"### sec.125 What surveillance warrant must state\n\nA surveillance warrant must state the following—\nthat a commission officer or any commission officer may exercise surveillance powers under the warrant;\nthe name of the relevant person, if known;\nthe place or class of place where the surveillance device authorised under the warrant may be used;\nany conditions the judge imposes under section 124 (3) ;\nthe day and time the warrant starts and when the warrant ends.\ns 125 amd 2002 No. 68 s 283 sch 3 ; 2005 No. 45 s 67 sch 3\n- (a) that a commission officer or any commission officer may exercise surveillance powers under the warrant;\n- (b) the name of the relevant person, if known;\n- (c) the place or class of place where the surveillance device authorised under the warrant may be used;\n- (d) any conditions the judge imposes under section 124 (3) ;\n- (e) the day and time the warrant starts and when the warrant ends.","sortOrder":254},{"sectionNumber":"sec.126","sectionType":"section","heading":"Report on use of surveillance devices","content":"### sec.126 Report on use of surveillance devices\n\nThis section applies if, because of a condition of a surveillance warrant, a commission officer gives to a judge a report on activities under the warrant.\nThe judge may, after considering the report, require the destruction of any recording made that is not related to the corruption mentioned in the warrant, unless the recording relates to the investigation by the commission of other corruption.\ns 126 amd 2005 No. 45 s 67 sch 3 ; 2014 No. 21 s 94 (1) sch 1\n(sec.126-ssec.1) This section applies if, because of a condition of a surveillance warrant, a commission officer gives to a judge a report on activities under the warrant.\n(sec.126-ssec.2) The judge may, after considering the report, require the destruction of any recording made that is not related to the corruption mentioned in the warrant, unless the recording relates to the investigation by the commission of other corruption.","sortOrder":255},{"sectionNumber":"sec.127","sectionType":"section","heading":"Duration and extension of surveillance warrants","content":"### sec.127 Duration and extension of surveillance warrants\n\nA surveillance warrant is in force until the earlier of the following—\nthe day stated in the warrant;\nthe day the investigation under the warrant ends.\nHowever, despite the investigation ending, the warrant continues in force until the day stated in the warrant if, as a result of using the surveillance device, evidence is gained of other corruption.\nThe warrant may be extended from time to time on application and the provisions of this division for an application for a warrant apply to an application for an extension, with necessary changes.\nDespite the ending of the warrant under subsection (1) or (2) , the commission officer may continue to exercise powers under the warrant, but only to the extent necessary to remove the surveillance device to which the warrant relates.\ns 127 amd 2005 No. 45 s 67 sch 3 ; 2014 No. 21 s 94 (1) sch 1\n(sec.127-ssec.1) A surveillance warrant is in force until the earlier of the following— the day stated in the warrant; the day the investigation under the warrant ends.\n(sec.127-ssec.2) However, despite the investigation ending, the warrant continues in force until the day stated in the warrant if, as a result of using the surveillance device, evidence is gained of other corruption.\n(sec.127-ssec.3) The warrant may be extended from time to time on application and the provisions of this division for an application for a warrant apply to an application for an extension, with necessary changes.\n(sec.127-ssec.4) Despite the ending of the warrant under subsection (1) or (2) , the commission officer may continue to exercise powers under the warrant, but only to the extent necessary to remove the surveillance device to which the warrant relates.\n- (a) the day stated in the warrant;\n- (b) the day the investigation under the warrant ends.","sortOrder":256},{"sectionNumber":"sec.128","sectionType":"section","heading":"Power under surveillance warrants","content":"### sec.128 Power under surveillance warrants\n\nA commission officer to whom a surveillance warrant is directed may, subject to the warrant, lawfully exercise any of the following powers under the warrant ( surveillance powers )—\npower to enter a stated place or class of place, covertly or through subterfuge, to install a surveillance device;\npower to install and use a surveillance device to intercept and record private conversations;\npower to remove a thing to another place to install a surveillance device in the thing;\npower to use an assistant to translate or interpret conversations intercepted under the warrant;\npower to take electricity for using a surveillance device;\npower to use reasonable force—\nto enter a place to install a surveillance device; or\nto install a surveillance device;\npower to use 1 or more surveillance devices in the same place;\npower to pass through, over, under or along a place to get to the place where the surveillance device is to be used.\ns 128 amd 2005 No. 45 s 67 sch 3\n- (a) power to enter a stated place or class of place, covertly or through subterfuge, to install a surveillance device;\n- (b) power to install and use a surveillance device to intercept and record private conversations;\n- (c) power to remove a thing to another place to install a surveillance device in the thing;\n- (d) power to use an assistant to translate or interpret conversations intercepted under the warrant;\n- (e) power to take electricity for using a surveillance device;\n- (f) power to use reasonable force— (i) to enter a place to install a surveillance device; or (ii) to install a surveillance device;\n- (i) to enter a place to install a surveillance device; or\n- (ii) to install a surveillance device;\n- (g) power to use 1 or more surveillance devices in the same place;\n- (h) power to pass through, over, under or along a place to get to the place where the surveillance device is to be used.\n- (i) to enter a place to install a surveillance device; or\n- (ii) to install a surveillance device;","sortOrder":257},{"sectionNumber":"ch.3-pt.6-div.3","sectionType":"division","heading":"Other provisions about surveillance devices","content":"## Other provisions about surveillance devices","sortOrder":258},{"sectionNumber":"sec.129","sectionType":"section","heading":"Restriction about records and access to surveillance warrant applications etc.","content":"### sec.129 Restriction about records and access to surveillance warrant applications etc.\n\nThis section applies to the following ( relevant proceeding )—\nan application to a Supreme Court judge for—\na surveillance warrant; or\nthe extension of a surveillance warrant;\nan order made under an application mentioned in paragraph (a) .\nDespite the Recording of Evidence Act 1962 , a transcript of a relevant proceeding must not be made.\nAlso, no record of the application or of any order made in a relevant proceeding is to be available for search by any person, except by direction of a Supreme Court judge.\nA person must not publish a report of a relevant proceeding.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nA person is not entitled to search information in the custody of a court in relation to a relevant proceeding, unless a Supreme Court judge otherwise orders in the interests of justice.\nNothing in this section prevents a person who was present at a relevant proceeding from giving oral evidence to a court about things that happened at the proceeding.\ns 129 prev s 129 om 2005 No. 45 s 67 sch 3\npres s 129 (prev s 144) amd 2005 No. 45 s 67 sch 3\nrenum 2005 No. 45 s 67 sch 3\n(sec.129-ssec.1) This section applies to the following ( relevant proceeding )— an application to a Supreme Court judge for— a surveillance warrant; or the extension of a surveillance warrant; an order made under an application mentioned in paragraph (a) .\n(sec.129-ssec.2) Despite the Recording of Evidence Act 1962 , a transcript of a relevant proceeding must not be made.\n(sec.129-ssec.3) Also, no record of the application or of any order made in a relevant proceeding is to be available for search by any person, except by direction of a Supreme Court judge.\n(sec.129-ssec.4) A person must not publish a report of a relevant proceeding. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.129-ssec.5) A person is not entitled to search information in the custody of a court in relation to a relevant proceeding, unless a Supreme Court judge otherwise orders in the interests of justice.\n(sec.129-ssec.6) Nothing in this section prevents a person who was present at a relevant proceeding from giving oral evidence to a court about things that happened at the proceeding.\n- (a) an application to a Supreme Court judge for— (i) a surveillance warrant; or (ii) the extension of a surveillance warrant;\n- (i) a surveillance warrant; or\n- (ii) the extension of a surveillance warrant;\n- (b) an order made under an application mentioned in paragraph (a) .\n- (i) a surveillance warrant; or\n- (ii) the extension of a surveillance warrant;","sortOrder":259},{"sectionNumber":"sec.130","sectionType":"section","heading":"Disclosure of information obtained using surveillance warrant","content":"### sec.130 Disclosure of information obtained using surveillance warrant\n\nThis section applies to information that has not been disclosed in a proceeding in open court and was obtained by using a surveillance warrant (the relevant information ).\nA commission officer who obtained relevant information must not disclose the information to someone other than—\nthe judge who issued the warrant; or\na judge hearing an application for—\nan extension of the warrant; or\na warrant in relation to the same or a different person; or\na court taking evidence about a charge of an offence in which the relevant information is evidence; or\nQCAT hearing a matter, in the exercise of its jurisdiction under this Act, in which the relevant information is evidence; or\nthe chairperson or a person authorised by the chairperson; or\na commission officer, police officer or other law enforcement officer involved in—\nthe investigation into the corruption for which the powers were exercised; or\nan investigation of any indictable offence started because of information obtained under the warrant or linked to the offence under investigation; or\na proceeding in which the information is evidence; or\na declared agency; or\na public prosecutor, but only for—\nuse in a proceeding in which the information is evidence; or\nan application for an extension of the warrant; or\nthe issue of another surveillance warrant; or\na public official, but only for taking disciplinary action; or\na lawyer representing a person in a proceeding in which the information is evidence; or\na monitor; or\na person transcribing or making copies of recordings.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nIn this section—\ncommission officer includes a former commission officer.\ns 130 prev s 130 om 2005 No. 45 s 67 sch 3\npres s 130 (prev s 145) amd 2002 No. 68 s 283 sch 3 ; 2005 No. 45 s 67 sch 3\nrenum 2005 No. 45 s 67 sch 3\namd 2009 No. 48 s 138 ; 2014 No. 21 s 23 , s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.130-ssec.1) This section applies to information that has not been disclosed in a proceeding in open court and was obtained by using a surveillance warrant (the relevant information ).\n(sec.130-ssec.2) A commission officer who obtained relevant information must not disclose the information to someone other than— the judge who issued the warrant; or a judge hearing an application for— an extension of the warrant; or a warrant in relation to the same or a different person; or a court taking evidence about a charge of an offence in which the relevant information is evidence; or QCAT hearing a matter, in the exercise of its jurisdiction under this Act, in which the relevant information is evidence; or the chairperson or a person authorised by the chairperson; or a commission officer, police officer or other law enforcement officer involved in— the investigation into the corruption for which the powers were exercised; or an investigation of any indictable offence started because of information obtained under the warrant or linked to the offence under investigation; or a proceeding in which the information is evidence; or a declared agency; or a public prosecutor, but only for— use in a proceeding in which the information is evidence; or an application for an extension of the warrant; or the issue of another surveillance warrant; or a public official, but only for taking disciplinary action; or a lawyer representing a person in a proceeding in which the information is evidence; or a monitor; or a person transcribing or making copies of recordings. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.130-ssec.3) In this section— commission officer includes a former commission officer.\n- (a) the judge who issued the warrant; or\n- (b) a judge hearing an application for— (i) an extension of the warrant; or (ii) a warrant in relation to the same or a different person; or\n- (i) an extension of the warrant; or\n- (ii) a warrant in relation to the same or a different person; or\n- (c) a court taking evidence about a charge of an offence in which the relevant information is evidence; or\n- (d) QCAT hearing a matter, in the exercise of its jurisdiction under this Act, in which the relevant information is evidence; or\n- (e) the chairperson or a person authorised by the chairperson; or\n- (f) a commission officer, police officer or other law enforcement officer involved in— (i) the investigation into the corruption for which the powers were exercised; or (ii) an investigation of any indictable offence started because of information obtained under the warrant or linked to the offence under investigation; or (iii) a proceeding in which the information is evidence; or\n- (i) the investigation into the corruption for which the powers were exercised; or\n- (ii) an investigation of any indictable offence started because of information obtained under the warrant or linked to the offence under investigation; or\n- (iii) a proceeding in which the information is evidence; or\n- (g) a declared agency; or\n- (h) a public prosecutor, but only for— (i) use in a proceeding in which the information is evidence; or (ii) an application for an extension of the warrant; or (iii) the issue of another surveillance warrant; or\n- (i) use in a proceeding in which the information is evidence; or\n- (ii) an application for an extension of the warrant; or\n- (iii) the issue of another surveillance warrant; or\n- (i) a public official, but only for taking disciplinary action; or\n- (j) a lawyer representing a person in a proceeding in which the information is evidence; or\n- (k) a monitor; or\n- (l) a person transcribing or making copies of recordings.\n- (i) an extension of the warrant; or\n- (ii) a warrant in relation to the same or a different person; or\n- (i) the investigation into the corruption for which the powers were exercised; or\n- (ii) an investigation of any indictable offence started because of information obtained under the warrant or linked to the offence under investigation; or\n- (iii) a proceeding in which the information is evidence; or\n- (i) use in a proceeding in which the information is evidence; or\n- (ii) an application for an extension of the warrant; or\n- (iii) the issue of another surveillance warrant; or","sortOrder":260},{"sectionNumber":"sec.131","sectionType":"section","heading":"Destruction of records","content":"### sec.131 Destruction of records\n\nThe commission must keep all information obtained under a surveillance warrant and transcripts of recordings or photographs made or taken under the warrant in a secure place.\nThe commission must ensure any recording made or photograph taken under the surveillance warrant or a transcript or copy made from information obtained under the warrant is destroyed as soon as practicable after it is no longer required.\nSubsection (2) does not prevent information or other matter being preserved for any period or indefinitely if, in the chairperson’s opinion, it is relevant to—\nany offence of which someone has been convicted if there is a possibility that an issue about the conviction may arise; or\nan ongoing investigation.\ns 131 prev s 131 om 2005 No. 45 s 67 sch 3\npres s 131 (prev s 146) renum 2005 No. 45 s 67 sch 3\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (2)\n(sec.131-ssec.1) The commission must keep all information obtained under a surveillance warrant and transcripts of recordings or photographs made or taken under the warrant in a secure place.\n(sec.131-ssec.2) The commission must ensure any recording made or photograph taken under the surveillance warrant or a transcript or copy made from information obtained under the warrant is destroyed as soon as practicable after it is no longer required.\n(sec.131-ssec.3) Subsection (2) does not prevent information or other matter being preserved for any period or indefinitely if, in the chairperson’s opinion, it is relevant to— any offence of which someone has been convicted if there is a possibility that an issue about the conviction may arise; or an ongoing investigation.\n- (a) any offence of which someone has been convicted if there is a possibility that an issue about the conviction may arise; or\n- (b) an ongoing investigation.","sortOrder":261},{"sectionNumber":"ch.3-pt.6-div.4","sectionType":"division","heading":null,"content":"","sortOrder":262},{"sectionNumber":"ch.3-pt.6A","sectionType":"part","heading":"Controlled operations and controlled activities for corruption offences","content":"# Controlled operations and controlled activities for corruption offences","sortOrder":263},{"sectionNumber":"ch.3-pt.6A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":264},{"sectionNumber":"sec.132","sectionType":"section","heading":"Object of pt 6A","content":"### sec.132 Object of pt 6A\n\nThe object of this part is to ensure the effective investigation of corruption offences by—\nenabling particular commission officers to approve the conduct of controlled operations that may involve particular commission officers and others engaging in activities that may be unlawful as part of the investigation of a suspected corruption offence; and\nensuring anything that may be approved or authorised under this part is approved or authorised only in appropriate circumstances; and\nensuring, as far as practicable, only appropriately trained persons act as covert operatives under an approval under this part; and\nensuring a person who may act as a covert operative under an approval under this part engages in otherwise unlawful activities only as part of the controlled operation for which the person is a covert operative; and\nproviding appropriate protection from civil and criminal liability for persons acting in accordance with this part; and\nclarifying the status of evidence obtained by persons who engage in controlled operations or controlled activities under this part.\ns 132 prev s 132 om 2005 No. 45 s 67 sch 3\npres s 132 ins 2005 No. 45 s 69\namd 2014 No. 21 s 94 (1) sch 1\n- (a) enabling particular commission officers to approve the conduct of controlled operations that may involve particular commission officers and others engaging in activities that may be unlawful as part of the investigation of a suspected corruption offence; and\n- (b) ensuring anything that may be approved or authorised under this part is approved or authorised only in appropriate circumstances; and\n- (c) ensuring, as far as practicable, only appropriately trained persons act as covert operatives under an approval under this part; and\n- (d) ensuring a person who may act as a covert operative under an approval under this part engages in otherwise unlawful activities only as part of the controlled operation for which the person is a covert operative; and\n- (e) providing appropriate protection from civil and criminal liability for persons acting in accordance with this part; and\n- (f) clarifying the status of evidence obtained by persons who engage in controlled operations or controlled activities under this part.","sortOrder":265},{"sectionNumber":"sec.133","sectionType":"section","heading":"Investigation of minor matters not affected","content":"### sec.133 Investigation of minor matters not affected\n\nThe enactment of this part is not to affect the investigation of minor matters or investigative activities that, by their nature, can not be planned but involve the participation of commission officers who are police officers in activities that may be unlawful.\ns 133 prev s 133 om 2005 No. 45 s 67 sch 3\npres s 133 ins 2005 No. 45 s 69","sortOrder":266},{"sectionNumber":"sec.134","sectionType":"section","heading":"Lawfulness of particular actions","content":"### sec.134 Lawfulness of particular actions\n\nTo remove doubt, it is declared—\nthat it is lawful for a person acting in accordance with this part—\nto recommend that other persons be authorised to engage in an activity that may be unlawful as part of an investigation of a suspected corruption offence; or\nto authorise other persons to engage in an activity that may be unlawful as part of an investigation of a suspected corruption offence; and\nthat it is lawful for a person acting as a covert operative under an approval under section 141 , 142 or 143 to engage in activities stated in the approval that may be unlawful as part of the investigation of a suspected corruption offence; and\nthat it is lawful for the chairperson, or a senior executive officer, acting in accordance with procedures established by the chairperson, to authorise a police officer or a commission officer to engage in a stated controlled activity for the commission; and\nthat it is lawful for a person acting under an authority given under section 146I to engage in a controlled activity in accordance with the authority and procedures established by the commission.\ns 134 prev s 134 om 2005 No. 45 s 67 sch 3\npres s 134 ins 2005 No. 45 s 69\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n- (a) that it is lawful for a person acting in accordance with this part— (i) to recommend that other persons be authorised to engage in an activity that may be unlawful as part of an investigation of a suspected corruption offence; or (ii) to authorise other persons to engage in an activity that may be unlawful as part of an investigation of a suspected corruption offence; and\n- (i) to recommend that other persons be authorised to engage in an activity that may be unlawful as part of an investigation of a suspected corruption offence; or\n- (ii) to authorise other persons to engage in an activity that may be unlawful as part of an investigation of a suspected corruption offence; and\n- (b) that it is lawful for a person acting as a covert operative under an approval under section 141 , 142 or 143 to engage in activities stated in the approval that may be unlawful as part of the investigation of a suspected corruption offence; and\n- (c) that it is lawful for the chairperson, or a senior executive officer, acting in accordance with procedures established by the chairperson, to authorise a police officer or a commission officer to engage in a stated controlled activity for the commission; and\n- (d) that it is lawful for a person acting under an authority given under section 146I to engage in a controlled activity in accordance with the authority and procedures established by the commission.\n- (i) to recommend that other persons be authorised to engage in an activity that may be unlawful as part of an investigation of a suspected corruption offence; or\n- (ii) to authorise other persons to engage in an activity that may be unlawful as part of an investigation of a suspected corruption offence; and","sortOrder":267},{"sectionNumber":"sec.135","sectionType":"section","heading":"Controlled operations and activities generally","content":"### sec.135 Controlled operations and activities generally\n\nFrom the commencement of this part, a controlled operation or controlled activity in relation to a suspected corruption offence may be approved only in accordance with this part.\nAlso, a function conferred in relation to the activities of the commission under this part is only conferred for the purpose of a function conferred on the commission relating to suspected corruption offences.\ns 135 prev s 135 om 2005 No. 45 s 67 sch 3\npres s 135 ins 2005 No. 45 s 69\namd 2014 No. 21 s 94 (1) sch 1\n(sec.135-ssec.1) From the commencement of this part, a controlled operation or controlled activity in relation to a suspected corruption offence may be approved only in accordance with this part.\n(sec.135-ssec.2) Also, a function conferred in relation to the activities of the commission under this part is only conferred for the purpose of a function conferred on the commission relating to suspected corruption offences.","sortOrder":268},{"sectionNumber":"ch.3-pt.6A-div.2","sectionType":"division","heading":"Controlled operations committee","content":"## Controlled operations committee","sortOrder":269},{"sectionNumber":"sec.136","sectionType":"section","heading":"Declaration of controlled operations committee","content":"### sec.136 Declaration of controlled operations committee\n\nThe controlled operations committee established under the Police Powers and Responsibilities Act 2000 is the controlled operations committee for this part.\ns 136 prev s 136 om 2005 No. 45 s 67 sch 3\npres s 136 ins 2005 No. 45 s 69","sortOrder":270},{"sectionNumber":"sec.137","sectionType":"section","heading":"Committee’s functions","content":"### sec.137 Committee’s functions\n\nFor this part, the committee has the function to consider and make recommendations about applications referred to the committee by the chairperson for—\nan approval for a controlled operation; or\nvariation of an approval for a controlled operation.\ns 137 prev s 137 om 2005 No. 45 s 67 sch 3\npres s 137 ins 2005 No. 45 s 69\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n- (a) an approval for a controlled operation; or\n- (b) variation of an approval for a controlled operation.","sortOrder":271},{"sectionNumber":"sec.138","sectionType":"section","heading":"Provisions applying to committee and committee’s annual report","content":"### sec.138 Provisions applying to committee and committee’s annual report\n\nThe Police Powers and Responsibilities Act 2000 , chapter 11 , part 2 , applies to the committee for this part as if—\na reference to a controlled operation were a reference to a controlled operation under this part; and\na reference to an authority for a controlled operation, or a variation of a controlled operation, were a reference to an approval or variation under this part; and\na reference to an offence were a reference to a corruption offence.\nAs soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the committee must prepare and give the chairperson of the parliamentary committee a written report on the committee’s activities under this Act.\nThe chairperson of the parliamentary committee must table a copy of the annual report in the Legislative Assembly within 14 sitting days after receiving the report.\nThe annual report must not contain information that—\ndiscloses or may lead to the disclosure of the identity of—\nany covert operative; or\nany person who has been, is being, or is to be, investigated; or\nindicates a particular investigation has been, is being, or is to be, conducted.\ns 138 prev s 138 om 2005 No. 45 s 67 sch 3\npres s 138 ins 2005 No. 45 s 69\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 21 s 94 (1) sch 1\n(sec.138-ssec.1) The Police Powers and Responsibilities Act 2000 , chapter 11 , part 2 , applies to the committee for this part as if— a reference to a controlled operation were a reference to a controlled operation under this part; and a reference to an authority for a controlled operation, or a variation of a controlled operation, were a reference to an approval or variation under this part; and a reference to an offence were a reference to a corruption offence.\n(sec.138-ssec.2) As soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the committee must prepare and give the chairperson of the parliamentary committee a written report on the committee’s activities under this Act.\n(sec.138-ssec.3) The chairperson of the parliamentary committee must table a copy of the annual report in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.138-ssec.4) The annual report must not contain information that— discloses or may lead to the disclosure of the identity of— any covert operative; or any person who has been, is being, or is to be, investigated; or indicates a particular investigation has been, is being, or is to be, conducted.\n- (a) a reference to a controlled operation were a reference to a controlled operation under this part; and\n- (b) a reference to an authority for a controlled operation, or a variation of a controlled operation, were a reference to an approval or variation under this part; and\n- (c) a reference to an offence were a reference to a corruption offence.\n- (a) discloses or may lead to the disclosure of the identity of— (i) any covert operative; or (ii) any person who has been, is being, or is to be, investigated; or\n- (i) any covert operative; or\n- (ii) any person who has been, is being, or is to be, investigated; or\n- (b) indicates a particular investigation has been, is being, or is to be, conducted.\n- (i) any covert operative; or\n- (ii) any person who has been, is being, or is to be, investigated; or","sortOrder":272},{"sectionNumber":"ch.3-pt.6A-div.3","sectionType":"division","heading":"Approval of controlled operations","content":"## Approval of controlled operations","sortOrder":273},{"sectionNumber":"sec.139","sectionType":"section","heading":"Application for approval","content":"### sec.139 Application for approval\n\nAn authorised commission officer may apply to the approving officer for approval to conduct an operation under this part ( controlled operation ).\nThe approving officer must be the chairperson or a senior executive officer.\nHowever, if a person to be investigated under a proposed controlled operation is or may be a police officer—\nthe application must be made to the chairperson; and\nthe chairperson is the approving officer for the proposed operation.\nThe application must be written and include enough information to enable the approving officer to properly consider whether the proposed operation should be approved.\nIn particular, the application must state the following for the proposed controlled operation—\nan identifying name or number;\na description of the suspected corruption offence in relation to which it is proposed to conduct the operation;\nif a previous application relating to the same corruption offence has been made under this division, whether the application was approved or refused;\nthe name of each person who it is intended will act as a covert operative for the operation;\na precise description of each otherwise unlawful activity a covert operative who is not a commission officer may be required to engage in as part of the operation;\na description of the general classes of otherwise unlawful activities a covert operative who is a commission officer may be required to engage in as part of the operation.\nFor subsection (5) (c) , an application made under the Police Powers and Responsibilities Act 2000 , chapter 10 , part 2 , division 3 as in force at any time before the commencement of this section is taken to have been made under this division.\nAs previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , chapter 5 (Controlled operations and controlled activities), part 2 (Controlled operations), division 3 (Approval of controlled operations). The reference was changed by 2006 Act No. 26 , sections 84 and 86 .\ns 139 prev s 139 om 2005 No. 45 s 67 sch 3\npres s 139 ins 2005 No. 45 s 69\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.139-ssec.1) An authorised commission officer may apply to the approving officer for approval to conduct an operation under this part ( controlled operation ).\n(sec.139-ssec.2) The approving officer must be the chairperson or a senior executive officer.\n(sec.139-ssec.3) However, if a person to be investigated under a proposed controlled operation is or may be a police officer— the application must be made to the chairperson; and the chairperson is the approving officer for the proposed operation.\n(sec.139-ssec.4) The application must be written and include enough information to enable the approving officer to properly consider whether the proposed operation should be approved.\n(sec.139-ssec.5) In particular, the application must state the following for the proposed controlled operation— an identifying name or number; a description of the suspected corruption offence in relation to which it is proposed to conduct the operation; if a previous application relating to the same corruption offence has been made under this division, whether the application was approved or refused; the name of each person who it is intended will act as a covert operative for the operation; a precise description of each otherwise unlawful activity a covert operative who is not a commission officer may be required to engage in as part of the operation; a description of the general classes of otherwise unlawful activities a covert operative who is a commission officer may be required to engage in as part of the operation.\n(sec.139-ssec.6) For subsection (5) (c) , an application made under the Police Powers and Responsibilities Act 2000 , chapter 10 , part 2 , division 3 as in force at any time before the commencement of this section is taken to have been made under this division. As previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , chapter 5 (Controlled operations and controlled activities), part 2 (Controlled operations), division 3 (Approval of controlled operations). The reference was changed by 2006 Act No. 26 , sections 84 and 86 .\n- (a) the application must be made to the chairperson; and\n- (b) the chairperson is the approving officer for the proposed operation.\n- (a) an identifying name or number;\n- (b) a description of the suspected corruption offence in relation to which it is proposed to conduct the operation;\n- (c) if a previous application relating to the same corruption offence has been made under this division, whether the application was approved or refused;\n- (d) the name of each person who it is intended will act as a covert operative for the operation;\n- (e) a precise description of each otherwise unlawful activity a covert operative who is not a commission officer may be required to engage in as part of the operation;\n- (f) a description of the general classes of otherwise unlawful activities a covert operative who is a commission officer may be required to engage in as part of the operation.","sortOrder":274},{"sectionNumber":"sec.140","sectionType":"section","heading":"Application must be referred to committee","content":"### sec.140 Application must be referred to committee\n\nThe approving officer must refer the application to the committee without deciding the application.\nHowever, if the approving officer considers the application does not have enough merit to justify referring it to the committee, the approving officer may refuse to refer the application to the committee.\nThis section is subject to sections 141 and 142 .\ns 140 prev s 140 om 2005 No. 45 s 67 sch 3\npres s 140 ins 2005 No. 45 s 69\n(sec.140-ssec.1) The approving officer must refer the application to the committee without deciding the application.\n(sec.140-ssec.2) However, if the approving officer considers the application does not have enough merit to justify referring it to the committee, the approving officer may refuse to refer the application to the committee.\n(sec.140-ssec.3) This section is subject to sections 141 and 142 .","sortOrder":275},{"sectionNumber":"sec.141","sectionType":"section","heading":"Particular controlled operations","content":"### sec.141 Particular controlled operations\n\nThis section applies to an application made to the chairperson under section 139 (3) for approval to conduct a controlled operation.\nThe chairperson may approve the application without referring it to the committee but, before approving the application, the chairperson must consult with the independent member and obtain the independent member’s agreement to the proposed operation.\nHowever, the chairperson may approve an application made to the chairperson in urgent circumstances without complying with subsection (2) , but must consult with the independent member about the controlled operation as soon as possible after approving the application.\ns 141 prev s 141 amd 2002 No. 68 s 283 sch 3\nom 2005 No. 45 s 67 sch 3\npres s 141 ins 2005 No. 45 s 69\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.141-ssec.1) This section applies to an application made to the chairperson under section 139 (3) for approval to conduct a controlled operation.\n(sec.141-ssec.2) The chairperson may approve the application without referring it to the committee but, before approving the application, the chairperson must consult with the independent member and obtain the independent member’s agreement to the proposed operation.\n(sec.141-ssec.3) However, the chairperson may approve an application made to the chairperson in urgent circumstances without complying with subsection (2) , but must consult with the independent member about the controlled operation as soon as possible after approving the application.","sortOrder":276},{"sectionNumber":"sec.142","sectionType":"section","heading":"Procedure in urgent circumstances other than if s 141 applies","content":"### sec.142 Procedure in urgent circumstances other than if s 141 applies\n\nThis section applies to an application for approval to conduct a controlled operation made to an approving officer in urgent circumstances.\nHowever, this section does not apply if section 141 applies.\nThe approving officer may approve the application without referring it to the committee, but must refer the application to the committee as soon as practicable after approving it.\nThe committee may consider the application as if the approval had not been given.\nThe approving officer must consider the committee’s recommendations on the application but is not bound by the recommendations.\ns 142 prev s 142 om 2005 No. 45 s 67 sch 3\npres s 142 ins 2005 No. 45 s 69\n(sec.142-ssec.1) This section applies to an application for approval to conduct a controlled operation made to an approving officer in urgent circumstances.\n(sec.142-ssec.2) However, this section does not apply if section 141 applies.\n(sec.142-ssec.3) The approving officer may approve the application without referring it to the committee, but must refer the application to the committee as soon as practicable after approving it.\n(sec.142-ssec.4) The committee may consider the application as if the approval had not been given.\n(sec.142-ssec.5) The approving officer must consider the committee’s recommendations on the application but is not bound by the recommendations.","sortOrder":277},{"sectionNumber":"sec.143","sectionType":"section","heading":"Consideration and approval of application","content":"### sec.143 Consideration and approval of application\n\nAfter considering the committee’s recommendations on an application for approval to conduct a controlled operation, the approving officer may approve or refuse to approve the application.\nThe approving officer must not approve an application under section 139 , 141 or 142 if the approving officer considers, because of the way the proposed controlled operation is to be conducted, it is probable that any of the following will happen in the operation—\ninjury to, or the death of, a person;\nserious damage to property;\na serious loss of property;\nsomeone could be encouraged or induced by a covert operative to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the covert operative to engage in it.\nAlso, the approving officer must not approve the application unless satisfied—\nthe purpose of the proposed controlled operation is to gather evidence of a corruption offence; and\na controlled operation represents an effective use of public resources for investigating the corruption offence; and\nany proposed covert operative for the operation has received appropriate training for the purpose; and\nif a proposed covert operative for the operation is not a commission officer, it is wholly impractical in the circumstances for a commission officer to perform the role the proposed covert operative is to perform in the operation; and\nthe committee has recommended the controlled operation be approved.\nSubsection (1) and (3) (e) do not apply to the approval of a controlled operation mentioned in section 141 or 142 .\ns 143 prev s 143 om 2005 No. 45 s 67 sch 3\npres s 143 ins 2005 No. 45 s 69\namd 2014 No. 21 s 94 (1) sch 1\n(sec.143-ssec.1) After considering the committee’s recommendations on an application for approval to conduct a controlled operation, the approving officer may approve or refuse to approve the application.\n(sec.143-ssec.2) The approving officer must not approve an application under section 139 , 141 or 142 if the approving officer considers, because of the way the proposed controlled operation is to be conducted, it is probable that any of the following will happen in the operation— injury to, or the death of, a person; serious damage to property; a serious loss of property; someone could be encouraged or induced by a covert operative to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the covert operative to engage in it.\n(sec.143-ssec.3) Also, the approving officer must not approve the application unless satisfied— the purpose of the proposed controlled operation is to gather evidence of a corruption offence; and a controlled operation represents an effective use of public resources for investigating the corruption offence; and any proposed covert operative for the operation has received appropriate training for the purpose; and if a proposed covert operative for the operation is not a commission officer, it is wholly impractical in the circumstances for a commission officer to perform the role the proposed covert operative is to perform in the operation; and the committee has recommended the controlled operation be approved.\n(sec.143-ssec.4) Subsection (1) and (3) (e) do not apply to the approval of a controlled operation mentioned in section 141 or 142 .\n- (a) injury to, or the death of, a person;\n- (b) serious damage to property;\n- (c) a serious loss of property;\n- (d) someone could be encouraged or induced by a covert operative to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the covert operative to engage in it.\n- (a) the purpose of the proposed controlled operation is to gather evidence of a corruption offence; and\n- (b) a controlled operation represents an effective use of public resources for investigating the corruption offence; and\n- (c) any proposed covert operative for the operation has received appropriate training for the purpose; and\n- (d) if a proposed covert operative for the operation is not a commission officer, it is wholly impractical in the circumstances for a commission officer to perform the role the proposed covert operative is to perform in the operation; and\n- (e) the committee has recommended the controlled operation be approved.","sortOrder":278},{"sectionNumber":"sec.144","sectionType":"section","heading":"What approval must state","content":"### sec.144 What approval must state\n\nAn approval for a controlled operation must be written and state the following—\na description of the suspected corruption offence to which the controlled operation relates;\nthe period, of not more than 6 months, for which the approval has effect;\nthe name of each covert operative who may engage in otherwise unlawful activities for the purposes of the operation;\na precise description of each otherwise unlawful activity a person who is not a commission officer may engage in while acting as a covert operative for the operation;\na description of the general classes of otherwise unlawful activities a commission officer may be required to engage in while acting as a covert operative for the operation;\nany conditions the approving officer considers appropriate.\nFor subsection (1) (c) , it is enough to state an assumed name or code name in the approval if the actual identity of the covert operative is included in a register kept for the purpose by the chairperson.\ns 144 prev s 144 om 2005 No. 45 s 67 sch 3\npres s 144 ins 2005 No. 45 s 69\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.144-ssec.1) An approval for a controlled operation must be written and state the following— a description of the suspected corruption offence to which the controlled operation relates; the period, of not more than 6 months, for which the approval has effect; the name of each covert operative who may engage in otherwise unlawful activities for the purposes of the operation; a precise description of each otherwise unlawful activity a person who is not a commission officer may engage in while acting as a covert operative for the operation; a description of the general classes of otherwise unlawful activities a commission officer may be required to engage in while acting as a covert operative for the operation; any conditions the approving officer considers appropriate.\n(sec.144-ssec.2) For subsection (1) (c) , it is enough to state an assumed name or code name in the approval if the actual identity of the covert operative is included in a register kept for the purpose by the chairperson.\n- (a) a description of the suspected corruption offence to which the controlled operation relates;\n- (b) the period, of not more than 6 months, for which the approval has effect;\n- (c) the name of each covert operative who may engage in otherwise unlawful activities for the purposes of the operation;\n- (d) a precise description of each otherwise unlawful activity a person who is not a commission officer may engage in while acting as a covert operative for the operation;\n- (e) a description of the general classes of otherwise unlawful activities a commission officer may be required to engage in while acting as a covert operative for the operation;\n- (f) any conditions the approving officer considers appropriate.","sortOrder":279},{"sectionNumber":"sec.145","sectionType":"section","heading":"Effect of approval","content":"### sec.145 Effect of approval\n\nIt is lawful for a person named in an approval of a controlled operation—\nto act as a covert operative for the controlled operation to which the approval relates; and\nto engage in the otherwise unlawful activity described in the approval for the purposes of the controlled operation.\ns 145 prev s 145 om 2005 No. 45 s 67 sch 3\npres s 145 ins 2005 No. 45 s 69\n- (a) to act as a covert operative for the controlled operation to which the approval relates; and\n- (b) to engage in the otherwise unlawful activity described in the approval for the purposes of the controlled operation.","sortOrder":280},{"sectionNumber":"ch.3-pt.6A-div.4","sectionType":"division","heading":"Variation of approval for controlled operation","content":"## Variation of approval for controlled operation","sortOrder":281},{"sectionNumber":"sec.146","sectionType":"section","heading":"Application to vary approval","content":"### sec.146 Application to vary approval\n\nAn authorised commission officer may apply to the approving officer for a variation of an approval for a controlled operation.\nHowever, if, the chairperson was the approving officer for the controlled operation because the operation relates to a person who is or may be a police officer, the application must be made to the chairperson.\nThe application must be written and include enough information to enable the approving officer to properly consider whether the approval should be varied and if so how it should be varied.\nIn particular, the application must state the following for the controlled operation—\nthe identifying name or number for the operation;\na description of the suspected corruption offence in relation to which the operation was approved;\nif a previous application for variation of the approval for the operation has been made under this division, whether the approval was varied because of the application;\nif it is intended to change particulars relating to persons who are or are intended to be covert operatives, the name of each person to whom the change relates and particulars of the change sought;\nif it is intended to change the description of the suspected corruption offence in relation to which the operation was approved, a description of the suspected corruption offence for which approval is sought.\nFor subsection (4) (c) , an application made under the Police Powers and Responsibilities Act 2000 , chapter 10 , part 2 , division 4 as in force at any time before the commencement of this section is taken to have been made under this division.\nAs previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , chapter 5 (Controlled operations and controlled activities), part 2 (Controlled operations), division 4 (Variation of approval for controlled operation). The reference was changed by 2006 Act No. 26 , sections 84 and 86 .\ns 146 ins 2005 No. 45 s 69\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146-ssec.1) An authorised commission officer may apply to the approving officer for a variation of an approval for a controlled operation.\n(sec.146-ssec.2) However, if, the chairperson was the approving officer for the controlled operation because the operation relates to a person who is or may be a police officer, the application must be made to the chairperson.\n(sec.146-ssec.3) The application must be written and include enough information to enable the approving officer to properly consider whether the approval should be varied and if so how it should be varied.\n(sec.146-ssec.4) In particular, the application must state the following for the controlled operation— the identifying name or number for the operation; a description of the suspected corruption offence in relation to which the operation was approved; if a previous application for variation of the approval for the operation has been made under this division, whether the approval was varied because of the application; if it is intended to change particulars relating to persons who are or are intended to be covert operatives, the name of each person to whom the change relates and particulars of the change sought; if it is intended to change the description of the suspected corruption offence in relation to which the operation was approved, a description of the suspected corruption offence for which approval is sought.\n(sec.146-ssec.5) For subsection (4) (c) , an application made under the Police Powers and Responsibilities Act 2000 , chapter 10 , part 2 , division 4 as in force at any time before the commencement of this section is taken to have been made under this division. As previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , chapter 5 (Controlled operations and controlled activities), part 2 (Controlled operations), division 4 (Variation of approval for controlled operation). The reference was changed by 2006 Act No. 26 , sections 84 and 86 .\n- (a) the identifying name or number for the operation;\n- (b) a description of the suspected corruption offence in relation to which the operation was approved;\n- (c) if a previous application for variation of the approval for the operation has been made under this division, whether the approval was varied because of the application;\n- (d) if it is intended to change particulars relating to persons who are or are intended to be covert operatives, the name of each person to whom the change relates and particulars of the change sought;\n- (e) if it is intended to change the description of the suspected corruption offence in relation to which the operation was approved, a description of the suspected corruption offence for which approval is sought.","sortOrder":282},{"sectionNumber":"sec.146A","sectionType":"section","heading":"Application must be referred to committee","content":"### sec.146A Application must be referred to committee\n\nThe approving officer must refer the application to the committee without deciding the application.\nHowever, if the approving officer considers the application does not have enough merit to justify referring it to the committee, the approving officer may refuse to refer the application to the committee.\nThis section is subject to sections 146B and 146C .\ns 146A ins 2005 No. 45 s 69\n(sec.146A-ssec.1) The approving officer must refer the application to the committee without deciding the application.\n(sec.146A-ssec.2) However, if the approving officer considers the application does not have enough merit to justify referring it to the committee, the approving officer may refuse to refer the application to the committee.\n(sec.146A-ssec.3) This section is subject to sections 146B and 146C .","sortOrder":283},{"sectionNumber":"sec.146B","sectionType":"section","heading":"Particular controlled operations","content":"### sec.146B Particular controlled operations\n\nThis section applies if an application for the variation of an approval for a controlled operation is made to the chairperson under section 146 (2) .\nThe chairperson may approve the application without referring it to the committee but, before approving the application, the chairperson must consult with the independent member and obtain the independent member’s agreement to the proposed variation.\nHowever, the chairperson may approve an application made to the chairperson in urgent circumstances without complying with subsection (2) , but must consult with the independent member about the variation as soon as possible after approving it.\ns 146B ins 2005 No. 45 s 69\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146B-ssec.1) This section applies if an application for the variation of an approval for a controlled operation is made to the chairperson under section 146 (2) .\n(sec.146B-ssec.2) The chairperson may approve the application without referring it to the committee but, before approving the application, the chairperson must consult with the independent member and obtain the independent member’s agreement to the proposed variation.\n(sec.146B-ssec.3) However, the chairperson may approve an application made to the chairperson in urgent circumstances without complying with subsection (2) , but must consult with the independent member about the variation as soon as possible after approving it.","sortOrder":284},{"sectionNumber":"sec.146C","sectionType":"section","heading":"Procedure in urgent circumstances other than if s 146B applies","content":"### sec.146C Procedure in urgent circumstances other than if s 146B applies\n\nThis section applies to an application for the variation of an approval for a controlled operation that is made to an approving officer in urgent circumstances.\nHowever, this section does not apply if section 146B applies.\nThe approving officer may approve the application without referring it to the committee, but must refer the application to the committee as soon as practicable after approving it.\nThe committee may consider the application as if the approval had not been given.\nThe approving officer must consider the committee’s recommendations on the application but is not bound by the recommendations.\ns 146C ins 2005 No. 45 s 69\n(sec.146C-ssec.1) This section applies to an application for the variation of an approval for a controlled operation that is made to an approving officer in urgent circumstances.\n(sec.146C-ssec.2) However, this section does not apply if section 146B applies.\n(sec.146C-ssec.3) The approving officer may approve the application without referring it to the committee, but must refer the application to the committee as soon as practicable after approving it.\n(sec.146C-ssec.4) The committee may consider the application as if the approval had not been given.\n(sec.146C-ssec.5) The approving officer must consider the committee’s recommendations on the application but is not bound by the recommendations.","sortOrder":285},{"sectionNumber":"sec.146D","sectionType":"section","heading":"When approval may be given","content":"### sec.146D When approval may be given\n\nThe approving officer must not approve the application unless reasonably satisfied the variation is necessary for the continued effective investigation of the corruption offence.\ns 146D ins 2005 No. 45 s 69\namd 2014 No. 21 s 94 (1) sch 1","sortOrder":286},{"sectionNumber":"sec.146E","sectionType":"section","heading":"How approval may be varied","content":"### sec.146E How approval may be varied\n\nThe approving officer may vary the approval but only by—\nextending the period of the approval from time to time by not more than 6 months at a time; or\nchanging particulars about who may act as a covert operative under the approval; or\nchanging particulars of the corruption offence to which the approval relates.\nThe approval mentioned in section 145 , as varied under subsection (1) , has the effect mentioned in section 145 .\ns 146E ins 2005 No. 45 s 69\namd 2014 No. 21 s 94 (1) sch 1\n(sec.146E-ssec.1) The approving officer may vary the approval but only by— extending the period of the approval from time to time by not more than 6 months at a time; or changing particulars about who may act as a covert operative under the approval; or changing particulars of the corruption offence to which the approval relates.\n(sec.146E-ssec.2) The approval mentioned in section 145 , as varied under subsection (1) , has the effect mentioned in section 145 .\n- (a) extending the period of the approval from time to time by not more than 6 months at a time; or\n- (b) changing particulars about who may act as a covert operative under the approval; or\n- (c) changing particulars of the corruption offence to which the approval relates.","sortOrder":287},{"sectionNumber":"ch.3-pt.6A-div.5","sectionType":"division","heading":null,"content":"","sortOrder":288},{"sectionNumber":"sec.146F","sectionType":"section","heading":null,"content":"### Section sec.146F\n\ns 146F ins 2005 No. 45 s 69\nom 2006 No. 26 s 91","sortOrder":289},{"sectionNumber":"sec.146G","sectionType":"section","heading":null,"content":"### Section sec.146G\n\ns 146G ins 2005 No. 45 s 69\nom 2006 No. 26 s 91","sortOrder":290},{"sectionNumber":"sec.146H","sectionType":"section","heading":null,"content":"### Section sec.146H\n\ns 146H ins 2005 No. 45 s 69\nom 2006 No. 26 s 91","sortOrder":291},{"sectionNumber":"ch.3-pt.6A-div.6","sectionType":"division","heading":"Authorising controlled activities","content":"## Authorising controlled activities","sortOrder":292},{"sectionNumber":"sec.146I","sectionType":"section","heading":"Authorised controlled activities","content":"### sec.146I Authorised controlled activities\n\nThis section applies if the chairperson or a senior executive officer considers it is reasonably necessary for a police officer or a commission officer to engage in conduct that—\nis directed to obtaining evidence of the commission of a suspected corruption offence by a police officer ( relevant officer ); and\ninvolves the following (a controlled activity )—\na single meeting between a police officer or commission officer and the relevant officer, whether or not the meeting was the result of a written or oral communication with the person;\ndeliberately concealing the true purpose of the communication between the police officer or commission officer and the relevant officer;\nthe commission by the police officer or commission officer of otherwise unlawful activity.\nThe chairperson or senior executive officer may, in accordance with any policy of the commission, authorise a police officer or commission officer to engage in a stated controlled activity.\nThe authority must be written and state the controlled activity the police officer or commission officer is authorised to engage in.\nThe person authorised to engage in the controlled activity must comply with any relevant policy of the commission.\ns 146I ins 2005 No. 45 s 69\namd 2009 No. 13 s 213 sch 5 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146I-ssec.1) This section applies if the chairperson or a senior executive officer considers it is reasonably necessary for a police officer or a commission officer to engage in conduct that— is directed to obtaining evidence of the commission of a suspected corruption offence by a police officer ( relevant officer ); and involves the following (a controlled activity )— a single meeting between a police officer or commission officer and the relevant officer, whether or not the meeting was the result of a written or oral communication with the person; deliberately concealing the true purpose of the communication between the police officer or commission officer and the relevant officer; the commission by the police officer or commission officer of otherwise unlawful activity.\n(sec.146I-ssec.2) The chairperson or senior executive officer may, in accordance with any policy of the commission, authorise a police officer or commission officer to engage in a stated controlled activity.\n(sec.146I-ssec.3) The authority must be written and state the controlled activity the police officer or commission officer is authorised to engage in.\n(sec.146I-ssec.4) The person authorised to engage in the controlled activity must comply with any relevant policy of the commission.\n- (a) is directed to obtaining evidence of the commission of a suspected corruption offence by a police officer ( relevant officer ); and\n- (b) involves the following (a controlled activity )— (i) a single meeting between a police officer or commission officer and the relevant officer, whether or not the meeting was the result of a written or oral communication with the person; (ii) deliberately concealing the true purpose of the communication between the police officer or commission officer and the relevant officer; (iii) the commission by the police officer or commission officer of otherwise unlawful activity.\n- (i) a single meeting between a police officer or commission officer and the relevant officer, whether or not the meeting was the result of a written or oral communication with the person;\n- (ii) deliberately concealing the true purpose of the communication between the police officer or commission officer and the relevant officer;\n- (iii) the commission by the police officer or commission officer of otherwise unlawful activity.\n- (i) a single meeting between a police officer or commission officer and the relevant officer, whether or not the meeting was the result of a written or oral communication with the person;\n- (ii) deliberately concealing the true purpose of the communication between the police officer or commission officer and the relevant officer;\n- (iii) the commission by the police officer or commission officer of otherwise unlawful activity.","sortOrder":293},{"sectionNumber":"ch.3-pt.6A-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":294},{"sectionNumber":"sec.146J","sectionType":"section","heading":"Disclosure of information","content":"### sec.146J Disclosure of information\n\nThis section applies to a person to whom the existence of any of the following ( relevant information ) becomes known—\nan application for—\napproval of a controlled operation; or\na variation of an approval given for a controlled operation;\na decision of the committee to recommend the approval of, or the variation of an approval for, a controlled operation, and the committee’s recommendation;\nan approval of—\na controlled operation; or\na variation of an approval given for a controlled operation;\ninformation about a controlled operation;\nthe actual identity of a covert operative.\nThe person must not disclose relevant information, other than—\nfor the purposes of this part; or\nwith the approval of the commission; or\nto the extent—\nthe information has generally been made known; or\nit is in the public interest to disclose the information.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\ns 146J ins 2005 No. 45 s 69\namd 2007 No. 37 s 162 sch\n(sec.146J-ssec.1) This section applies to a person to whom the existence of any of the following ( relevant information ) becomes known— an application for— approval of a controlled operation; or a variation of an approval given for a controlled operation; a decision of the committee to recommend the approval of, or the variation of an approval for, a controlled operation, and the committee’s recommendation; an approval of— a controlled operation; or a variation of an approval given for a controlled operation; information about a controlled operation; the actual identity of a covert operative.\n(sec.146J-ssec.2) The person must not disclose relevant information, other than— for the purposes of this part; or with the approval of the commission; or to the extent— the information has generally been made known; or it is in the public interest to disclose the information. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n- (a) an application for— (i) approval of a controlled operation; or (ii) a variation of an approval given for a controlled operation;\n- (i) approval of a controlled operation; or\n- (ii) a variation of an approval given for a controlled operation;\n- (b) a decision of the committee to recommend the approval of, or the variation of an approval for, a controlled operation, and the committee’s recommendation;\n- (c) an approval of— (i) a controlled operation; or (ii) a variation of an approval given for a controlled operation;\n- (i) a controlled operation; or\n- (ii) a variation of an approval given for a controlled operation;\n- (d) information about a controlled operation;\n- (f) the actual identity of a covert operative.\n- (i) approval of a controlled operation; or\n- (ii) a variation of an approval given for a controlled operation;\n- (i) a controlled operation; or\n- (ii) a variation of an approval given for a controlled operation;\n- (a) for the purposes of this part; or\n- (b) with the approval of the commission; or\n- (c) to the extent— (i) the information has generally been made known; or (ii) it is in the public interest to disclose the information.\n- (i) the information has generally been made known; or\n- (ii) it is in the public interest to disclose the information.\n- (i) the information has generally been made known; or\n- (ii) it is in the public interest to disclose the information.","sortOrder":295},{"sectionNumber":"sec.146K","sectionType":"section","heading":"Protection from liability","content":"### sec.146K Protection from liability\n\nThis section applies to each of the following persons (a relevant person )—\na member of the committee;\nthe chairperson;\na senior executive officer;\na person who is or was a covert operative;\na person who, as part of a controlled operation, provides a covert operative with help, including by giving the covert operative things necessary for the purposes of the controlled operation;\na person who authorised a controlled activity;\na person who is or was authorised under this part to engage in a controlled activity.\nA relevant person does not incur civil liability for an act done, or omission made, under this part.\nIf subsection (2) prevents a civil liability attaching to the person, the liability attaches instead to the State.\nAlso, a relevant person does not incur criminal liability for an act done, or omission made—\nin accordance with an approval given for a controlled operation; or\nin accordance with—\nan authority given for a controlled activity; or\nthe commission’s policy about controlled activities.\nIn addition, a relevant person who is a police officer or a commission officer does not incur criminal liability for an act done, or omission made, that, because of a controlled operation, was reasonably necessary for—\nprotecting the safety of any person; or\nprotecting the identity of a covert operative; or\ntaking advantage of an opportunity to gather evidence in relation to a corruption offence not mentioned in the approval.\nHowever, subsection (5) does not relieve a police officer or a commission officer from criminal liability for an act done or omission made if the act or omission results in—\ninjury to, or the death of, a person; or\nserious damage to property; or\na serious loss of property; or\nsomeone being encouraged or induced by a covert operative to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the covert operative to engage in it.\nThis section does not limit the Police Service Administration Act 1990 , section 10 .5.\ns 146K ins 2005 No. 45 s 69\namd 2009 No. 48 s 139 ; 2014 No. 21 s 24 ; 2016 No. 19 s 45 (1)\n(sec.146K-ssec.1) This section applies to each of the following persons (a relevant person )— a member of the committee; the chairperson; a senior executive officer; a person who is or was a covert operative; a person who, as part of a controlled operation, provides a covert operative with help, including by giving the covert operative things necessary for the purposes of the controlled operation; a person who authorised a controlled activity; a person who is or was authorised under this part to engage in a controlled activity.\n(sec.146K-ssec.2) A relevant person does not incur civil liability for an act done, or omission made, under this part.\n(sec.146K-ssec.3) If subsection (2) prevents a civil liability attaching to the person, the liability attaches instead to the State.\n(sec.146K-ssec.4) Also, a relevant person does not incur criminal liability for an act done, or omission made— in accordance with an approval given for a controlled operation; or in accordance with— an authority given for a controlled activity; or the commission’s policy about controlled activities.\n(sec.146K-ssec.5) In addition, a relevant person who is a police officer or a commission officer does not incur criminal liability for an act done, or omission made, that, because of a controlled operation, was reasonably necessary for— protecting the safety of any person; or protecting the identity of a covert operative; or taking advantage of an opportunity to gather evidence in relation to a corruption offence not mentioned in the approval.\n(sec.146K-ssec.6) However, subsection (5) does not relieve a police officer or a commission officer from criminal liability for an act done or omission made if the act or omission results in— injury to, or the death of, a person; or serious damage to property; or a serious loss of property; or someone being encouraged or induced by a covert operative to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the covert operative to engage in it.\n(sec.146K-ssec.7) This section does not limit the Police Service Administration Act 1990 , section 10 .5.\n- (a) a member of the committee;\n- (b) the chairperson;\n- (c) a senior executive officer;\n- (d) a person who is or was a covert operative;\n- (e) a person who, as part of a controlled operation, provides a covert operative with help, including by giving the covert operative things necessary for the purposes of the controlled operation;\n- (f) a person who authorised a controlled activity;\n- (g) a person who is or was authorised under this part to engage in a controlled activity.\n- (a) in accordance with an approval given for a controlled operation; or\n- (b) in accordance with— (i) an authority given for a controlled activity; or (ii) the commission’s policy about controlled activities.\n- (i) an authority given for a controlled activity; or\n- (ii) the commission’s policy about controlled activities.\n- (i) an authority given for a controlled activity; or\n- (ii) the commission’s policy about controlled activities.\n- (a) protecting the safety of any person; or\n- (b) protecting the identity of a covert operative; or\n- (c) taking advantage of an opportunity to gather evidence in relation to a corruption offence not mentioned in the approval.\n- (a) injury to, or the death of, a person; or\n- (b) serious damage to property; or\n- (c) a serious loss of property; or\n- (d) someone being encouraged or induced by a covert operative to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the covert operative to engage in it.","sortOrder":296},{"sectionNumber":"sec.146L","sectionType":"section","heading":"Admissibility of evidence obtained through controlled operation","content":"### sec.146L Admissibility of evidence obtained through controlled operation\n\nIt is declared that evidence gathered because of a controlled operation or controlled activity is not inadmissible only because it was obtained by a person while engaging in an unlawful act if the unlawful act was authorised under this part.\ns 146L ins 2005 No. 45 s 69","sortOrder":297},{"sectionNumber":"sec.146M","sectionType":"section","heading":"Evidentiary provision","content":"### sec.146M Evidentiary provision\n\nIn a proceeding, a certificate of the chairperson stating any of the following is evidence of the things it states—\nat a stated time a stated person was an approving officer for this Act;\nat a stated time a stated person was a covert operative;\non a stated day a stated person approved the conduct of a stated controlled operation or controlled activity;\non a stated day a stated person varied an approval for a stated controlled operation in a stated way.\nFor subsection (1) (b) , it is enough to state an assumed name or code name in the certificate if the actual identity of the covert operative is included in a register kept for the purpose by the chairperson.\ns 146M ins 2005 No. 45 s 69\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146M-ssec.1) In a proceeding, a certificate of the chairperson stating any of the following is evidence of the things it states— at a stated time a stated person was an approving officer for this Act; at a stated time a stated person was a covert operative; on a stated day a stated person approved the conduct of a stated controlled operation or controlled activity; on a stated day a stated person varied an approval for a stated controlled operation in a stated way.\n(sec.146M-ssec.2) For subsection (1) (b) , it is enough to state an assumed name or code name in the certificate if the actual identity of the covert operative is included in a register kept for the purpose by the chairperson.\n- (a) at a stated time a stated person was an approving officer for this Act;\n- (b) at a stated time a stated person was a covert operative;\n- (c) on a stated day a stated person approved the conduct of a stated controlled operation or controlled activity;\n- (d) on a stated day a stated person varied an approval for a stated controlled operation in a stated way.","sortOrder":298},{"sectionNumber":"sec.146N","sectionType":"section","heading":"Powers not to be delegated","content":"### sec.146N Powers not to be delegated\n\nPowers of an approving officer under this part may not be delegated.\nAlso, powers of the chairperson or a senior executive officer under section 146I may not be delegated.\nSubsections (1) and (2) apply despite any other Act.\ns 146N ins 2005 No. 45 s 69\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146N-ssec.1) Powers of an approving officer under this part may not be delegated.\n(sec.146N-ssec.2) Also, powers of the chairperson or a senior executive officer under section 146I may not be delegated.\n(sec.146N-ssec.3) Subsections (1) and (2) apply despite any other Act.","sortOrder":299},{"sectionNumber":"ch.3-pt.6B","sectionType":"part","heading":"Assumed identities","content":"# Assumed identities","sortOrder":300},{"sectionNumber":"ch.3-pt.6B-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":301},{"sectionNumber":"sec.146O","sectionType":"section","heading":"Purpose of pt 6B","content":"### sec.146O Purpose of pt 6B\n\nThe main purpose of this part is to facilitate investigations and intelligence gathering in relation to corruption offences.\ns 146O ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1","sortOrder":302},{"sectionNumber":"sec.146P","sectionType":"section","heading":"How purpose is achieved","content":"### sec.146P How purpose is achieved\n\nThe purpose is to be achieved primarily by providing for the lawful acquisition and use of an assumed identity.\ns 146P ins 2006 No. 26 s 92","sortOrder":303},{"sectionNumber":"sec.146Q","sectionType":"section","heading":"Definitions for pt 6B","content":"### sec.146Q Definitions for pt 6B\n\nIn this part—\nacquire , an assumed identity, means acquire evidence, or take steps to acquire evidence, of the identity.\nagency means—\nan issuing agency; or\nthe commission.\nauthorised civilian means a person, other than a commission officer, who is authorised under an authority to acquire or use an assumed identity.\nauthorised identity officer means a commission officer who is authorised under an authority to acquire or use an assumed identity.\nauthorised person means—\nan authorised civilian; or\nan authorised identity officer.\nauthority means an authority granted under section 146T to acquire or use an assumed identity, including the authority as varied under section 146W .\nbirth certificate approval see section 146Y .\nconduct includes any act or omission.\ndoing a thing, includes failing to do the thing.\nevidence , of identity, means a document or other thing, including, for example, a driver licence, birth certificate, credit card or identity card, that evidences or indicates, or can be used to evidence or indicate, a person’s identity or any aspect of a person’s identity.\ngovernment issuing agency , in relation to an authority, means an entity that—\nis named in the authority; and\nissues evidence of identity as part of performing any function of the government.\nissuing agency means—\na government issuing agency; or\na non-government issuing agency.\nnon-government issuing agency , in relation to an authority, means an entity, other than a government issuing agency, that—\nis named in the authority; and\nissues evidence of identity.\nofficer , of an agency, includes a person employed or engaged in the agency.\nsupervisor , of an authorised civilian, means the authorised commission officer, appointed under section 146T (3) , who supervises or is to supervise the acquisition or use of an assumed identity by the authorised civilian.\nuse an assumed identity, includes representing, whether expressly or impliedly, or by saying or doing something, the identity to be real when it is not.\ns 146Q ins 2006 No. 26 s 92\n- (a) an issuing agency; or\n- (b) the commission.\n- (a) an authorised civilian; or\n- (b) an authorised identity officer.\n- (a) is named in the authority; and\n- (b) issues evidence of identity as part of performing any function of the government.\n- (a) a government issuing agency; or\n- (b) a non-government issuing agency.\n- (a) is named in the authority; and\n- (b) issues evidence of identity.","sortOrder":304},{"sectionNumber":"sec.146R","sectionType":"section","heading":"Public Records Act 2023 does not apply to divs 2 – 7","content":"### sec.146R Public Records Act 2023 does not apply to divs 2 – 7\n\nThe Public Records Act 2023 does not apply to activities or records under divisions 2 to 7 .\ns 146R ins 2006 No. 26 s 92\nsub 2009 No. 13 s 213 sch 5\namd 2023 No. 33 s 107 sch 5","sortOrder":305},{"sectionNumber":"ch.3-pt.6B-div.2","sectionType":"division","heading":"Authorities for assumed identities","content":"## Authorities for assumed identities","sortOrder":306},{"sectionNumber":"sec.146S","sectionType":"section","heading":"Application for authority to acquire or use assumed identity","content":"### sec.146S Application for authority to acquire or use assumed identity\n\nA commission officer may apply to the chairperson for an authority for the officer or another person to do either or both of the following—\nacquire an assumed identity;\nuse an assumed identity.\nA separate application must be made for each assumed identity to be acquired or used.\nAn application—\nmust be in writing in the form decided by the chairperson; and\nmust contain all of the following information—\nthe applicant’s name;\nif a person other than the applicant is to be authorised to acquire or use an assumed identity—that person’s name;\nif the person mentioned in subparagraph (ii) is not a commission officer—the name and rank or position of the person proposed to be appointed as supervisor, and an explanation of why it is necessary for a person who is not a commission officer to acquire or use the assumed identity;\ndetails of the proposed assumed identity;\nreasons for the need to acquire or use an assumed identity;\ndetails, to the extent known, of the investigation or intelligence gathering exercise in which the assumed identity will be used;\ndetails of any issuing agencies and the types of evidence to be issued by them.\nThe chairperson may require the applicant to give additional information about the application the chairperson considers appropriate for consideration of the application.\ns 146S ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146S-ssec.1) A commission officer may apply to the chairperson for an authority for the officer or another person to do either or both of the following— acquire an assumed identity; use an assumed identity.\n(sec.146S-ssec.2) A separate application must be made for each assumed identity to be acquired or used.\n(sec.146S-ssec.3) An application— must be in writing in the form decided by the chairperson; and must contain all of the following information— the applicant’s name; if a person other than the applicant is to be authorised to acquire or use an assumed identity—that person’s name; if the person mentioned in subparagraph (ii) is not a commission officer—the name and rank or position of the person proposed to be appointed as supervisor, and an explanation of why it is necessary for a person who is not a commission officer to acquire or use the assumed identity; details of the proposed assumed identity; reasons for the need to acquire or use an assumed identity; details, to the extent known, of the investigation or intelligence gathering exercise in which the assumed identity will be used; details of any issuing agencies and the types of evidence to be issued by them.\n(sec.146S-ssec.4) The chairperson may require the applicant to give additional information about the application the chairperson considers appropriate for consideration of the application.\n- (a) acquire an assumed identity;\n- (b) use an assumed identity.\n- (a) must be in writing in the form decided by the chairperson; and\n- (b) must contain all of the following information— (i) the applicant’s name; (ii) if a person other than the applicant is to be authorised to acquire or use an assumed identity—that person’s name; (iii) if the person mentioned in subparagraph (ii) is not a commission officer—the name and rank or position of the person proposed to be appointed as supervisor, and an explanation of why it is necessary for a person who is not a commission officer to acquire or use the assumed identity; (iv) details of the proposed assumed identity; (v) reasons for the need to acquire or use an assumed identity; (vi) details, to the extent known, of the investigation or intelligence gathering exercise in which the assumed identity will be used; (vii) details of any issuing agencies and the types of evidence to be issued by them.\n- (i) the applicant’s name;\n- (ii) if a person other than the applicant is to be authorised to acquire or use an assumed identity—that person’s name;\n- (iii) if the person mentioned in subparagraph (ii) is not a commission officer—the name and rank or position of the person proposed to be appointed as supervisor, and an explanation of why it is necessary for a person who is not a commission officer to acquire or use the assumed identity;\n- (iv) details of the proposed assumed identity;\n- (v) reasons for the need to acquire or use an assumed identity;\n- (vi) details, to the extent known, of the investigation or intelligence gathering exercise in which the assumed identity will be used;\n- (vii) details of any issuing agencies and the types of evidence to be issued by them.\n- (i) the applicant’s name;\n- (ii) if a person other than the applicant is to be authorised to acquire or use an assumed identity—that person’s name;\n- (iii) if the person mentioned in subparagraph (ii) is not a commission officer—the name and rank or position of the person proposed to be appointed as supervisor, and an explanation of why it is necessary for a person who is not a commission officer to acquire or use the assumed identity;\n- (iv) details of the proposed assumed identity;\n- (v) reasons for the need to acquire or use an assumed identity;\n- (vi) details, to the extent known, of the investigation or intelligence gathering exercise in which the assumed identity will be used;\n- (vii) details of any issuing agencies and the types of evidence to be issued by them.","sortOrder":307},{"sectionNumber":"sec.146T","sectionType":"section","heading":"Deciding application","content":"### sec.146T Deciding application\n\nAfter considering an application for an authority to acquire or use an assumed identity, and any additional information given under section 146S (4) , the chairperson—\nmay grant an authority to acquire or use the assumed identity, with or without conditions; or\nmay refuse the application.\nThe chairperson must not grant an authority to acquire or use an assumed identity unless the chairperson is satisfied on reasonable grounds of all of the following—\nthe assumed identity is necessary for the purposes of an investigation or intelligence gathering in relation to a corruption offence;\nthe risk of abuse of the assumed identity by the authorised person under the authority is minimal;\nif the application is for authorisation of an assumed identity for a person who is not a commission officer—it would be impossible or impracticable in the circumstances for a commission officer to acquire or use the assumed identity for the purpose sought.\nIf an authority is granted for an authorised civilian, the chairperson must appoint an authorised commission officer to supervise the acquisition or use of the assumed identity by the authorised civilian.\nAn authority may also authorise—\nan application to the independent member for a birth certificate approval; or\na request under section 146ZB .\nA separate authority is required for each assumed identity.\ns 146T ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146T-ssec.1) After considering an application for an authority to acquire or use an assumed identity, and any additional information given under section 146S (4) , the chairperson— may grant an authority to acquire or use the assumed identity, with or without conditions; or may refuse the application.\n(sec.146T-ssec.2) The chairperson must not grant an authority to acquire or use an assumed identity unless the chairperson is satisfied on reasonable grounds of all of the following— the assumed identity is necessary for the purposes of an investigation or intelligence gathering in relation to a corruption offence; the risk of abuse of the assumed identity by the authorised person under the authority is minimal; if the application is for authorisation of an assumed identity for a person who is not a commission officer—it would be impossible or impracticable in the circumstances for a commission officer to acquire or use the assumed identity for the purpose sought.\n(sec.146T-ssec.3) If an authority is granted for an authorised civilian, the chairperson must appoint an authorised commission officer to supervise the acquisition or use of the assumed identity by the authorised civilian.\n(sec.146T-ssec.4) An authority may also authorise— an application to the independent member for a birth certificate approval; or a request under section 146ZB .\n(sec.146T-ssec.5) A separate authority is required for each assumed identity.\n- (a) may grant an authority to acquire or use the assumed identity, with or without conditions; or\n- (b) may refuse the application.\n- (a) the assumed identity is necessary for the purposes of an investigation or intelligence gathering in relation to a corruption offence;\n- (b) the risk of abuse of the assumed identity by the authorised person under the authority is minimal;\n- (c) if the application is for authorisation of an assumed identity for a person who is not a commission officer—it would be impossible or impracticable in the circumstances for a commission officer to acquire or use the assumed identity for the purpose sought.\n- (a) an application to the independent member for a birth certificate approval; or\n- (b) a request under section 146ZB .","sortOrder":308},{"sectionNumber":"sec.146U","sectionType":"section","heading":"Form of authority","content":"### sec.146U Form of authority\n\nAn authority must be—\nin writing in the form decided by the chairperson; and\nsigned by the person granting it.\nAn authority must state all of the following—\nthe name of the person granting the authority;\nthe date of the authority;\ndetails of the assumed identity under the authority;\ndetails of the evidence of the assumed identity that may be acquired under the authority;\nthe conditions, if any, to which the authority is subject;\nwhy the authority is granted;\nif the authority relates to an authorised identity officer—the name of the official;\nif the authority relates to an authorised civilian—\nthe name of the authorised civilian; and\nthe name of the civilian’s supervisor under the authority; and\nthe period, of not more than 3 months, for which the authority remains in force.\nThe authority also must state the following—\nwhether it authorises an application to the independent member for a birth certificate approval;\neach issuing agency to which a request may be made under section 146ZB .\ns 146U ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146U-ssec.1) An authority must be— in writing in the form decided by the chairperson; and signed by the person granting it.\n(sec.146U-ssec.2) An authority must state all of the following— the name of the person granting the authority; the date of the authority; details of the assumed identity under the authority; details of the evidence of the assumed identity that may be acquired under the authority; the conditions, if any, to which the authority is subject; why the authority is granted; if the authority relates to an authorised identity officer—the name of the official; if the authority relates to an authorised civilian— the name of the authorised civilian; and the name of the civilian’s supervisor under the authority; and the period, of not more than 3 months, for which the authority remains in force.\n(sec.146U-ssec.3) The authority also must state the following— whether it authorises an application to the independent member for a birth certificate approval; each issuing agency to which a request may be made under section 146ZB .\n- (a) in writing in the form decided by the chairperson; and\n- (b) signed by the person granting it.\n- (a) the name of the person granting the authority;\n- (b) the date of the authority;\n- (c) details of the assumed identity under the authority;\n- (d) details of the evidence of the assumed identity that may be acquired under the authority;\n- (e) the conditions, if any, to which the authority is subject;\n- (f) why the authority is granted;\n- (g) if the authority relates to an authorised identity officer—the name of the official;\n- (h) if the authority relates to an authorised civilian— (i) the name of the authorised civilian; and (ii) the name of the civilian’s supervisor under the authority; and (iii) the period, of not more than 3 months, for which the authority remains in force.\n- (i) the name of the authorised civilian; and\n- (ii) the name of the civilian’s supervisor under the authority; and\n- (iii) the period, of not more than 3 months, for which the authority remains in force.\n- (i) the name of the authorised civilian; and\n- (ii) the name of the civilian’s supervisor under the authority; and\n- (iii) the period, of not more than 3 months, for which the authority remains in force.\n- (a) whether it authorises an application to the independent member for a birth certificate approval;\n- (b) each issuing agency to which a request may be made under section 146ZB .","sortOrder":309},{"sectionNumber":"sec.146V","sectionType":"section","heading":"Period of authority","content":"### sec.146V Period of authority\n\nAn authority for an authorised identity officer remains in force until cancelled under section 146W .\nAn authority for an authorised civilian remains in force until the end of the period stated in the authority under section 146U (2) (h) (iii) , unless the authority is sooner cancelled under section 146W .\ns 146V ins 2006 No. 26 s 92\n(sec.146V-ssec.1) An authority for an authorised identity officer remains in force until cancelled under section 146W .\n(sec.146V-ssec.2) An authority for an authorised civilian remains in force until the end of the period stated in the authority under section 146U (2) (h) (iii) , unless the authority is sooner cancelled under section 146W .","sortOrder":310},{"sectionNumber":"sec.146W","sectionType":"section","heading":"Variation or cancellation of authority","content":"### sec.146W Variation or cancellation of authority\n\nThe chairperson—\nmay vary or cancel the authority at any time; and\nmust cancel the authority if satisfied, on a review under section 146X or otherwise, that use of the assumed identity under the authority is no longer necessary.\nThe chairperson must give written notice of the variation or cancellation to—\nthe authorised person to whom the authority relates; and\nif the authorised person is an authorised civilian—the authorised person’s supervisor.\nThe notice must state the reasons for the variation or cancellation.\nThe variation or cancellation has effect on—\nthe day the notice is given to the authorised person; or\nif a later day is stated in the notice—the later day.\ns 146W ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146W-ssec.1) The chairperson— may vary or cancel the authority at any time; and must cancel the authority if satisfied, on a review under section 146X or otherwise, that use of the assumed identity under the authority is no longer necessary.\n(sec.146W-ssec.2) The chairperson must give written notice of the variation or cancellation to— the authorised person to whom the authority relates; and if the authorised person is an authorised civilian—the authorised person’s supervisor.\n(sec.146W-ssec.3) The notice must state the reasons for the variation or cancellation.\n(sec.146W-ssec.4) The variation or cancellation has effect on— the day the notice is given to the authorised person; or if a later day is stated in the notice—the later day.\n- (a) may vary or cancel the authority at any time; and\n- (b) must cancel the authority if satisfied, on a review under section 146X or otherwise, that use of the assumed identity under the authority is no longer necessary.\n- (a) the authorised person to whom the authority relates; and\n- (b) if the authorised person is an authorised civilian—the authorised person’s supervisor.\n- (a) the day the notice is given to the authorised person; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":311},{"sectionNumber":"sec.146X","sectionType":"section","heading":"Review of authority","content":"### sec.146X Review of authority\n\nThe chairperson must, at least once a year, review each authority granted by the chairperson and in force under this chapter.\nThe purpose of a review is to decide whether use of the assumed identity under the authority is still necessary.\nIf the chairperson is satisfied on a review that use of the assumed identity is no longer necessary, the chairperson must cancel the authority under section 146W .\nIf the chairperson is satisfied on a review that use of the assumed identity is still necessary, the chairperson must record the chairperson’s opinion, and the reasons for it, in writing.\ns 146X ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) – (2)\n(sec.146X-ssec.1) The chairperson must, at least once a year, review each authority granted by the chairperson and in force under this chapter.\n(sec.146X-ssec.2) The purpose of a review is to decide whether use of the assumed identity under the authority is still necessary.\n(sec.146X-ssec.3) If the chairperson is satisfied on a review that use of the assumed identity is no longer necessary, the chairperson must cancel the authority under section 146W .\n(sec.146X-ssec.4) If the chairperson is satisfied on a review that use of the assumed identity is still necessary, the chairperson must record the chairperson’s opinion, and the reasons for it, in writing.","sortOrder":312},{"sectionNumber":"ch.3-pt.6B-div.3","sectionType":"division","heading":"Evidence of assumed identities","content":"## Evidence of assumed identities","sortOrder":313},{"sectionNumber":"sec.146Y","sectionType":"section","heading":"Approval for creation of birth certificate for assumed identity","content":"### sec.146Y Approval for creation of birth certificate for assumed identity\n\nThe chairperson may apply to the independent member for authority to create a birth certificate (a birth certificate approval ) for an assumed identity for an authorised person.\nThe application must be written and include enough information to enable the independent member to properly consider whether the birth certificate approval should be granted.\nThe independent member may grant the birth certificate approval only if satisfied granting the approval is justified having regard to the nature of the activities undertaken or to be undertaken by the authorised person under the authority for the assumed identity.\nA birth certificate approval granted under this section must be written, signed by the independent member, and state that a named commission officer is authorised under this section to create a birth certificate for the purpose of concealing the identity of an authorised person.\ns 146Y ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146Y-ssec.1) The chairperson may apply to the independent member for authority to create a birth certificate (a birth certificate approval ) for an assumed identity for an authorised person.\n(sec.146Y-ssec.2) The application must be written and include enough information to enable the independent member to properly consider whether the birth certificate approval should be granted.\n(sec.146Y-ssec.3) The independent member may grant the birth certificate approval only if satisfied granting the approval is justified having regard to the nature of the activities undertaken or to be undertaken by the authorised person under the authority for the assumed identity.\n(sec.146Y-ssec.4) A birth certificate approval granted under this section must be written, signed by the independent member, and state that a named commission officer is authorised under this section to create a birth certificate for the purpose of concealing the identity of an authorised person.","sortOrder":314},{"sectionNumber":"sec.146Z","sectionType":"section","heading":"Giving effect to birth certificate approval","content":"### sec.146Z Giving effect to birth certificate approval\n\nOn the production to the registrar-general, for inspection, of a birth certificate approval—\nthe commission officer named in the approval may create a birth certificate as authorised under the approval; and\nthe registrar-general must give the officer any help the officer reasonably requires for the purpose.\nThe commission officer must, if practicable, give the registrar-general at least 3 days notice of the day the officer intends to create the birth certificate under the birth certificate approval.\ns 146Z ins 2006 No. 26 s 92\n(sec.146Z-ssec.1) On the production to the registrar-general, for inspection, of a birth certificate approval— the commission officer named in the approval may create a birth certificate as authorised under the approval; and the registrar-general must give the officer any help the officer reasonably requires for the purpose.\n(sec.146Z-ssec.2) The commission officer must, if practicable, give the registrar-general at least 3 days notice of the day the officer intends to create the birth certificate under the birth certificate approval.\n- (a) the commission officer named in the approval may create a birth certificate as authorised under the approval; and\n- (b) the registrar-general must give the officer any help the officer reasonably requires for the purpose.","sortOrder":315},{"sectionNumber":"sec.146ZA","sectionType":"section","heading":"Destruction of birth certificate created under s 146Z","content":"### sec.146ZA Destruction of birth certificate created under s 146Z\n\nThis section applies in relation to a birth certificate created under a birth certificate approval (a created birth certificate ).\nAs soon as practicable after the authority for an assumed identity to which the created birth certificate relates is cancelled, the chairperson—\nmust cause the created birth certificate to be destroyed; and\nmust notify the registrar-general that the created birth certificate is no longer being used and has been destroyed.\ns 146ZA ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146ZA-ssec.1) This section applies in relation to a birth certificate created under a birth certificate approval (a created birth certificate ).\n(sec.146ZA-ssec.2) As soon as practicable after the authority for an assumed identity to which the created birth certificate relates is cancelled, the chairperson— must cause the created birth certificate to be destroyed; and must notify the registrar-general that the created birth certificate is no longer being used and has been destroyed.\n- (a) must cause the created birth certificate to be destroyed; and\n- (b) must notify the registrar-general that the created birth certificate is no longer being used and has been destroyed.","sortOrder":316},{"sectionNumber":"sec.146ZB","sectionType":"section","heading":"Request for evidence of assumed identity","content":"### sec.146ZB Request for evidence of assumed identity\n\nThis section applies if an authority authorises a request under this section.\nThe chairperson may ask the chief executive officer of an issuing agency stated in the authority to—\nproduce evidence of an assumed identity in accordance with the authority; and\ngive evidence of the assumed identity to the authorised person named in the authority.\nThe request must state a reasonable period for compliance with the request.\nA request can not be made under this section for the creation of a birth certificate or a certified copy of a marriage certificate.\nIn this section—\nevidence means evidence similar to that ordinarily produced or given by the issuing agency.\ns 146ZB ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146ZB-ssec.1) This section applies if an authority authorises a request under this section.\n(sec.146ZB-ssec.2) The chairperson may ask the chief executive officer of an issuing agency stated in the authority to— produce evidence of an assumed identity in accordance with the authority; and give evidence of the assumed identity to the authorised person named in the authority.\n(sec.146ZB-ssec.3) The request must state a reasonable period for compliance with the request.\n(sec.146ZB-ssec.4) A request can not be made under this section for the creation of a birth certificate or a certified copy of a marriage certificate.\n(sec.146ZB-ssec.5) In this section— evidence means evidence similar to that ordinarily produced or given by the issuing agency.\n- (a) produce evidence of an assumed identity in accordance with the authority; and\n- (b) give evidence of the assumed identity to the authorised person named in the authority.","sortOrder":317},{"sectionNumber":"sec.146ZC","sectionType":"section","heading":"Government issuing agency to comply with request","content":"### sec.146ZC Government issuing agency to comply with request\n\nThe chief executive officer of a government issuing agency who receives a request under section 146ZB must comply with the request within the reasonable period stated in the request.\ns 146ZC ins 2006 No. 26 s 92","sortOrder":318},{"sectionNumber":"sec.146ZD","sectionType":"section","heading":"Non-government issuing agency may comply with request","content":"### sec.146ZD Non-government issuing agency may comply with request\n\nThe chief executive officer of a non-government issuing agency who receives a request under section 146ZB may comply with the request.\ns 146ZD ins 2006 No. 26 s 92","sortOrder":319},{"sectionNumber":"sec.146ZE","sectionType":"section","heading":"Cancelling evidence of assumed identity","content":"### sec.146ZE Cancelling evidence of assumed identity\n\nThe chief executive officer of an issuing agency who produces evidence of an assumed identity under this part must cancel the evidence if directed in writing to do so by the chairperson.\nIn this section—\ncancel includes delete or alter an entry in a record of information.\ns 146ZE ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146ZE-ssec.1) The chief executive officer of an issuing agency who produces evidence of an assumed identity under this part must cancel the evidence if directed in writing to do so by the chairperson.\n(sec.146ZE-ssec.2) In this section— cancel includes delete or alter an entry in a record of information.","sortOrder":320},{"sectionNumber":"sec.146ZF","sectionType":"section","heading":"Protection from criminal responsibility—officer of issuing agency","content":"### sec.146ZF Protection from criminal responsibility—officer of issuing agency\n\nA person who does something under subdivision 1 or 2 that, apart from this section, would be an offence, is not criminally responsible for the offence, if the thing is done to give effect to a birth certificate approval.\nAlso, the chief executive officer, or an officer, of an issuing agency who does something that, apart from this section, would be an offence, is not criminally responsible for the offence if the thing is done to comply with a request under section 146ZB or a direction under section 146ZE .\ns 146ZF ins 2006 No. 26 s 92\n(sec.146ZF-ssec.1) A person who does something under subdivision 1 or 2 that, apart from this section, would be an offence, is not criminally responsible for the offence, if the thing is done to give effect to a birth certificate approval.\n(sec.146ZF-ssec.2) Also, the chief executive officer, or an officer, of an issuing agency who does something that, apart from this section, would be an offence, is not criminally responsible for the offence if the thing is done to comply with a request under section 146ZB or a direction under section 146ZE .","sortOrder":321},{"sectionNumber":"sec.146ZG","sectionType":"section","heading":"Indemnity for issuing agency and officers in relation to creation of birth certificates","content":"### sec.146ZG Indemnity for issuing agency and officers in relation to creation of birth certificates\n\nThis section applies if a birth certificate approval is produced to the registrar-general under section 146Z .\nThe commission must indemnify the registrar-general, or an officer of the registrar-general, for any civil liability incurred by the registrar-general or officer, including reasonable costs, if—\nthe liability is incurred because of something done by the registrar-general or officer to comply with section 146Z ; and\nthe requirements, if any, prescribed under a regulation have been met.\ns 146ZG ins 2006 No. 26 s 92\n(sec.146ZG-ssec.1) This section applies if a birth certificate approval is produced to the registrar-general under section 146Z .\n(sec.146ZG-ssec.2) The commission must indemnify the registrar-general, or an officer of the registrar-general, for any civil liability incurred by the registrar-general or officer, including reasonable costs, if— the liability is incurred because of something done by the registrar-general or officer to comply with section 146Z ; and the requirements, if any, prescribed under a regulation have been met.\n- (a) the liability is incurred because of something done by the registrar-general or officer to comply with section 146Z ; and\n- (b) the requirements, if any, prescribed under a regulation have been met.","sortOrder":322},{"sectionNumber":"sec.146ZH","sectionType":"section","heading":"Indemnity for issuing agency and officers in relation to other evidence of assumed identities","content":"### sec.146ZH Indemnity for issuing agency and officers in relation to other evidence of assumed identities\n\nThis section applies if the chairperson makes a request under section 146ZB or gives a direction under section 146ZE to the chief executive officer of an issuing agency.\nThe commission must indemnify the issuing agency, or an officer of the agency, for any civil liability incurred by the agency or officer, including reasonable costs, if—\nthe liability is incurred because of something done by the agency or officer to comply with the request or direction in the course of duty; and\nthe requirements, if any, prescribed under a regulation have been met.\ns 146ZH ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146ZH-ssec.1) This section applies if the chairperson makes a request under section 146ZB or gives a direction under section 146ZE to the chief executive officer of an issuing agency.\n(sec.146ZH-ssec.2) The commission must indemnify the issuing agency, or an officer of the agency, for any civil liability incurred by the agency or officer, including reasonable costs, if— the liability is incurred because of something done by the agency or officer to comply with the request or direction in the course of duty; and the requirements, if any, prescribed under a regulation have been met.\n- (a) the liability is incurred because of something done by the agency or officer to comply with the request or direction in the course of duty; and\n- (b) the requirements, if any, prescribed under a regulation have been met.","sortOrder":323},{"sectionNumber":"sec.146ZI","sectionType":"section","heading":"Protection from criminal responsibility for particular ancillary conduct","content":"### sec.146ZI Protection from criminal responsibility for particular ancillary conduct\n\nThis section applies to conduct, for example aiding or enabling the commission of an offence or conspiring to commit an offence ( ancillary conduct ), for which a person may be criminally responsible because it involves conduct engaged in by another person for which the other person would, apart from section 146ZF , be criminally responsible (the related conduct ).\nThe Criminal Code , section 7 (1) (b) and (c) makes provision for a person who aids or enables the commission of an offence, and the Criminal Code , chapter 56 , makes provision for conspiracy.\nDespite any other Act or law, a person who engages in ancillary conduct that is an offence, whether or not the person is an authorised person or an officer of an issuing agency, is not criminally responsible for the offence if at the time the person engaged in the ancillary conduct the person believed the related conduct was being engaged in, or would be engaged in, by an authorised person or an issuing officer of an agency.\ns 146ZI ins 2006 No. 26 s 92\n(sec.146ZI-ssec.1) This section applies to conduct, for example aiding or enabling the commission of an offence or conspiring to commit an offence ( ancillary conduct ), for which a person may be criminally responsible because it involves conduct engaged in by another person for which the other person would, apart from section 146ZF , be criminally responsible (the related conduct ). The Criminal Code , section 7 (1) (b) and (c) makes provision for a person who aids or enables the commission of an offence, and the Criminal Code , chapter 56 , makes provision for conspiracy.\n(sec.146ZI-ssec.2) Despite any other Act or law, a person who engages in ancillary conduct that is an offence, whether or not the person is an authorised person or an officer of an issuing agency, is not criminally responsible for the offence if at the time the person engaged in the ancillary conduct the person believed the related conduct was being engaged in, or would be engaged in, by an authorised person or an issuing officer of an agency.","sortOrder":324},{"sectionNumber":"ch.3-pt.6B-div.4","sectionType":"division","heading":"Effect of authorities","content":"## Effect of authorities","sortOrder":325},{"sectionNumber":"sec.146ZJ","sectionType":"section","heading":"Assumed identity may be acquired and used","content":"### sec.146ZJ Assumed identity may be acquired and used\n\nAn authorised identity officer may acquire or use an assumed identity if the acquisition or use is—\nin accordance with an authority; and\nin the course of duty.\nAn authorised civilian may acquire or use an assumed identity if the acquisition or use is in accordance with—\nan authority; and\nthe directions of the authorised civilian’s supervisor.\ns 146ZJ ins 2006 No. 26 s 92\n(sec.146ZJ-ssec.1) An authorised identity officer may acquire or use an assumed identity if the acquisition or use is— in accordance with an authority; and in the course of duty.\n(sec.146ZJ-ssec.2) An authorised civilian may acquire or use an assumed identity if the acquisition or use is in accordance with— an authority; and the directions of the authorised civilian’s supervisor.\n- (a) in accordance with an authority; and\n- (b) in the course of duty.\n- (a) an authority; and\n- (b) the directions of the authorised civilian’s supervisor.","sortOrder":326},{"sectionNumber":"sec.146ZK","sectionType":"section","heading":"Protection from criminal responsibility—authorised person","content":"### sec.146ZK Protection from criminal responsibility—authorised person\n\nIf an authorised person does something that, apart from this section, would be an offence, the authorised person is not criminally responsible for the offence if—\nthe thing is done in the course of acquiring or using an assumed identity under an authority; and\nthe thing is done—\nfor an authorised identity officer—in the course of duty; or\nfor an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and\ndoing the thing would not be an offence if the assumed identity were the authorised person’s real identity.\ns 146ZK ins 2006 No. 26 s 92\n- (a) the thing is done in the course of acquiring or using an assumed identity under an authority; and\n- (b) the thing is done— (i) for an authorised identity officer—in the course of duty; or (ii) for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and\n- (i) for an authorised identity officer—in the course of duty; or\n- (ii) for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and\n- (c) doing the thing would not be an offence if the assumed identity were the authorised person’s real identity.\n- (i) for an authorised identity officer—in the course of duty; or\n- (ii) for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and","sortOrder":327},{"sectionNumber":"sec.146ZL","sectionType":"section","heading":"Indemnity for authorised person","content":"### sec.146ZL Indemnity for authorised person\n\nThis section applies if the chairperson grants an authority.\nThe commission must indemnify the authorised person under the authority against any civil liability, including reasonable costs, incurred by the person, because of something done by the person if—\nthe thing is done in the course of acquiring or using an assumed identity under the authority; and\nthe thing is done—\nfor an authorised identity officer—in the course of duty; or\nfor an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and\nthe requirements, if any, prescribed under a regulation have been met.\nThis section does not limit the Police Service Administration Act 1990 , section 10 .5.\ns 146ZL ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146ZL-ssec.1) This section applies if the chairperson grants an authority.\n(sec.146ZL-ssec.2) The commission must indemnify the authorised person under the authority against any civil liability, including reasonable costs, incurred by the person, because of something done by the person if— the thing is done in the course of acquiring or using an assumed identity under the authority; and the thing is done— for an authorised identity officer—in the course of duty; or for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and the requirements, if any, prescribed under a regulation have been met.\n(sec.146ZL-ssec.3) This section does not limit the Police Service Administration Act 1990 , section 10 .5.\n- (a) the thing is done in the course of acquiring or using an assumed identity under the authority; and\n- (b) the thing is done— (i) for an authorised identity officer—in the course of duty; or (ii) for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and\n- (i) for an authorised identity officer—in the course of duty; or\n- (ii) for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and\n- (c) the requirements, if any, prescribed under a regulation have been met.\n- (i) for an authorised identity officer—in the course of duty; or\n- (ii) for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and","sortOrder":328},{"sectionNumber":"sec.146ZM","sectionType":"section","heading":"Particular qualifications","content":"### sec.146ZM Particular qualifications\n\nSections 146ZK and 146ZL do not apply to anything done by an authorised person if—\na particular qualification is needed to do the thing; and\nthe person does not have the qualification.\nSubsection (1) applies whether or not the authorised person has acquired, as evidence of an assumed identity, a document that indicates that the person has the qualification.\ns 146ZM ins 2006 No. 26 s 92\n(sec.146ZM-ssec.1) Sections 146ZK and 146ZL do not apply to anything done by an authorised person if— a particular qualification is needed to do the thing; and the person does not have the qualification.\n(sec.146ZM-ssec.2) Subsection (1) applies whether or not the authorised person has acquired, as evidence of an assumed identity, a document that indicates that the person has the qualification.\n- (a) a particular qualification is needed to do the thing; and\n- (b) the person does not have the qualification.","sortOrder":329},{"sectionNumber":"sec.146ZN","sectionType":"section","heading":"Effect of being unaware of variation or cancellation of authority","content":"### sec.146ZN Effect of being unaware of variation or cancellation of authority\n\nIf an authority to acquire or use an assumed identity has been varied in a way that limits its scope, this part continues to apply to the authorised person to whom the authority relates as if it had not been varied in that way, for as long as the person—\nis unaware of the variation; and\nis not reckless about the existence of the variation.\nIf an authority to acquire or use an assumed identity has been cancelled, this part continues to apply to the authorised person to whom the authority related as if it had not been cancelled, for as long as the person—\nis unaware of the cancellation; and\nis not reckless about the existence of the cancellation.\nFor this section, a person is reckless about the existence of the variation or cancellation of an authority if—\nthe person is aware of a substantial risk that the variation or cancellation has happened; and\nhaving regard to the circumstances known to the person, it is unjustifiable to continue to use the assumed name in a way that was, but may no longer be, authorised by the authority because of the variation or cancellation.\ns 146ZN ins 2006 No. 26 s 92\n(sec.146ZN-ssec.1) If an authority to acquire or use an assumed identity has been varied in a way that limits its scope, this part continues to apply to the authorised person to whom the authority relates as if it had not been varied in that way, for as long as the person— is unaware of the variation; and is not reckless about the existence of the variation.\n(sec.146ZN-ssec.2) If an authority to acquire or use an assumed identity has been cancelled, this part continues to apply to the authorised person to whom the authority related as if it had not been cancelled, for as long as the person— is unaware of the cancellation; and is not reckless about the existence of the cancellation.\n(sec.146ZN-ssec.3) For this section, a person is reckless about the existence of the variation or cancellation of an authority if— the person is aware of a substantial risk that the variation or cancellation has happened; and having regard to the circumstances known to the person, it is unjustifiable to continue to use the assumed name in a way that was, but may no longer be, authorised by the authority because of the variation or cancellation.\n- (a) is unaware of the variation; and\n- (b) is not reckless about the existence of the variation.\n- (a) is unaware of the cancellation; and\n- (b) is not reckless about the existence of the cancellation.\n- (a) the person is aware of a substantial risk that the variation or cancellation has happened; and\n- (b) having regard to the circumstances known to the person, it is unjustifiable to continue to use the assumed name in a way that was, but may no longer be, authorised by the authority because of the variation or cancellation.","sortOrder":330},{"sectionNumber":"ch.3-pt.6B-div.5","sectionType":"division","heading":"Misuse of assumed identity and information","content":"## Misuse of assumed identity and information","sortOrder":331},{"sectionNumber":"sec.146ZO","sectionType":"section","heading":"Misuse of assumed identity","content":"### sec.146ZO Misuse of assumed identity\n\nAn authorised identity officer commits an offence if—\nthe official intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the officer’s authority; and\nthe official knows that, or is reckless as to whether, the acquisition or use is not—\nin accordance with the officer’s authority; or\nin the course of duty.\nMaximum penalty—2 years imprisonment.\nAn authorised civilian commits an offence if—\nthe person intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the person’s authority; and\nthe person knows that, or is reckless as to whether, the acquisition or use is not in accordance with—\nthe person’s authority; or\nthe directions of the person’s supervisor under the authority.\nMaximum penalty—2 years imprisonment.\nThis section does not limit section 213 .\ns 146ZO ins 2006 No. 26 s 92\n(sec.146ZO-ssec.1) An authorised identity officer commits an offence if— the official intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the officer’s authority; and the official knows that, or is reckless as to whether, the acquisition or use is not— in accordance with the officer’s authority; or in the course of duty. Maximum penalty—2 years imprisonment.\n(sec.146ZO-ssec.2) An authorised civilian commits an offence if— the person intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the person’s authority; and the person knows that, or is reckless as to whether, the acquisition or use is not in accordance with— the person’s authority; or the directions of the person’s supervisor under the authority. Maximum penalty—2 years imprisonment.\n(sec.146ZO-ssec.3) This section does not limit section 213 .\n- (a) the official intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the officer’s authority; and\n- (b) the official knows that, or is reckless as to whether, the acquisition or use is not— (i) in accordance with the officer’s authority; or (ii) in the course of duty.\n- (i) in accordance with the officer’s authority; or\n- (ii) in the course of duty.\n- (i) in accordance with the officer’s authority; or\n- (ii) in the course of duty.\n- (a) the person intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the person’s authority; and\n- (b) the person knows that, or is reckless as to whether, the acquisition or use is not in accordance with— (i) the person’s authority; or (ii) the directions of the person’s supervisor under the authority.\n- (i) the person’s authority; or\n- (ii) the directions of the person’s supervisor under the authority.\n- (i) the person’s authority; or\n- (ii) the directions of the person’s supervisor under the authority.","sortOrder":332},{"sectionNumber":"sec.146ZP","sectionType":"section","heading":"Disclosing information about assumed identity","content":"### sec.146ZP Disclosing information about assumed identity\n\nA person commits an offence if—\nthe person intentionally, knowingly or recklessly discloses any information; and\nthe person knows that, or is reckless as to whether, the information reveals, or is likely to reveal, that an assumed identity acquired or used by another person is not the other person’s real identity; and\nthe person knows that, or is reckless as to whether, the disclosure is not made—\nin connection with the administration or execution of this part; or\nfor the purposes of any legal proceeding arising out of or otherwise related to this part or of any report of the proceedings; or\nin accordance with any requirement imposed by law.\nMaximum penalty—2 years imprisonment.\nA person commits a crime if the person commits an offence against subsection (1) in circumstances in which the person—\nintends to endanger the health or safety of any person or prejudice the effective conduct of an investigation or intelligence gathering in relation to corruption; or\nknows that, or is reckless as to whether, the disclosure of the information—\nendangers or will endanger the health or safety of any person; or\nprejudices or will prejudice the effective conduct of an investigation or intelligence gathering in relation to corruption.\nMaximum penalty—10 years imprisonment.\nThis section does not affect section 213 .\ns 146ZP ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1\n(sec.146ZP-ssec.1) A person commits an offence if— the person intentionally, knowingly or recklessly discloses any information; and the person knows that, or is reckless as to whether, the information reveals, or is likely to reveal, that an assumed identity acquired or used by another person is not the other person’s real identity; and the person knows that, or is reckless as to whether, the disclosure is not made— in connection with the administration or execution of this part; or for the purposes of any legal proceeding arising out of or otherwise related to this part or of any report of the proceedings; or in accordance with any requirement imposed by law. Maximum penalty—2 years imprisonment.\n(sec.146ZP-ssec.2) A person commits a crime if the person commits an offence against subsection (1) in circumstances in which the person— intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation or intelligence gathering in relation to corruption; or knows that, or is reckless as to whether, the disclosure of the information— endangers or will endanger the health or safety of any person; or prejudices or will prejudice the effective conduct of an investigation or intelligence gathering in relation to corruption. Maximum penalty—10 years imprisonment.\n(sec.146ZP-ssec.3) This section does not affect section 213 .\n- (a) the person intentionally, knowingly or recklessly discloses any information; and\n- (b) the person knows that, or is reckless as to whether, the information reveals, or is likely to reveal, that an assumed identity acquired or used by another person is not the other person’s real identity; and\n- (c) the person knows that, or is reckless as to whether, the disclosure is not made— (i) in connection with the administration or execution of this part; or (ii) for the purposes of any legal proceeding arising out of or otherwise related to this part or of any report of the proceedings; or (iii) in accordance with any requirement imposed by law.\n- (i) in connection with the administration or execution of this part; or\n- (ii) for the purposes of any legal proceeding arising out of or otherwise related to this part or of any report of the proceedings; or\n- (iii) in accordance with any requirement imposed by law.\n- (i) in connection with the administration or execution of this part; or\n- (ii) for the purposes of any legal proceeding arising out of or otherwise related to this part or of any report of the proceedings; or\n- (iii) in accordance with any requirement imposed by law.\n- (a) intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation or intelligence gathering in relation to corruption; or\n- (b) knows that, or is reckless as to whether, the disclosure of the information— (i) endangers or will endanger the health or safety of any person; or (ii) prejudices or will prejudice the effective conduct of an investigation or intelligence gathering in relation to corruption.\n- (i) endangers or will endanger the health or safety of any person; or\n- (ii) prejudices or will prejudice the effective conduct of an investigation or intelligence gathering in relation to corruption.\n- (i) endangers or will endanger the health or safety of any person; or\n- (ii) prejudices or will prejudice the effective conduct of an investigation or intelligence gathering in relation to corruption.","sortOrder":333},{"sectionNumber":"ch.3-pt.6B-div.6","sectionType":"division","heading":"Reporting and record keeping","content":"## Reporting and record keeping","sortOrder":334},{"sectionNumber":"sec.146ZQ","sectionType":"section","heading":"Report about authorities for assumed identities etc.","content":"### sec.146ZQ Report about authorities for assumed identities etc.\n\nAs soon as practicable after the end of each financial year, the chairperson must give to the chairperson of the parliamentary committee a written report containing the following information in relation to the commission for the financial year—\nthe number of authorities granted;\na general description of the activities undertaken by authorised persons when using assumed identities under this part;\nthe number of applications for an authority that were refused;\na statement about whether or not any fraud or other unlawful activity was identified by an audit under section 146ZS ;\nany other information relating to authorities, assumed identities or the administration of this part that the parliamentary commissioner considers appropriate.\nThe report must not contain information that, if made public, could reasonably be expected to—\nendanger a person’s safety; or\nprejudice an investigation or prosecution; or\ncompromise any law enforcement agency’s operational activities or methodologies.\nThe chairperson of the parliamentary committee must table a copy of the report in the Legislative Assembly within 14 sitting days after the chairperson receives the report.\nThis section does not limit section 64 .\ns 146ZQ ins 2006 No. 26 s 92\namd 2014 No. 21 s 24A , s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146ZQ-ssec.1) As soon as practicable after the end of each financial year, the chairperson must give to the chairperson of the parliamentary committee a written report containing the following information in relation to the commission for the financial year— the number of authorities granted; a general description of the activities undertaken by authorised persons when using assumed identities under this part; the number of applications for an authority that were refused; a statement about whether or not any fraud or other unlawful activity was identified by an audit under section 146ZS ; any other information relating to authorities, assumed identities or the administration of this part that the parliamentary commissioner considers appropriate.\n(sec.146ZQ-ssec.2) The report must not contain information that, if made public, could reasonably be expected to— endanger a person’s safety; or prejudice an investigation or prosecution; or compromise any law enforcement agency’s operational activities or methodologies.\n(sec.146ZQ-ssec.3) The chairperson of the parliamentary committee must table a copy of the report in the Legislative Assembly within 14 sitting days after the chairperson receives the report.\n(sec.146ZQ-ssec.4) This section does not limit section 64 .\n- (a) the number of authorities granted;\n- (b) a general description of the activities undertaken by authorised persons when using assumed identities under this part;\n- (c) the number of applications for an authority that were refused;\n- (d) a statement about whether or not any fraud or other unlawful activity was identified by an audit under section 146ZS ;\n- (e) any other information relating to authorities, assumed identities or the administration of this part that the parliamentary commissioner considers appropriate.\n- (a) endanger a person’s safety; or\n- (b) prejudice an investigation or prosecution; or\n- (c) compromise any law enforcement agency’s operational activities or methodologies.","sortOrder":335},{"sectionNumber":"sec.146ZR","sectionType":"section","heading":"Record keeping","content":"### sec.146ZR Record keeping\n\nThe chairperson must keep appropriate records about the commission’s operations under this part.\nThe records must contain all of the following information about each authority granted under this part in relation to the commission—\nthe date on which the authority was granted and the name of the person who granted it;\nif the authority was varied or cancelled under this part—the date it was varied or cancelled, and the name of the person who varied or cancelled it;\nthe name of the authorised person under the authority;\ndetails of the assumed identity to which the authority relates;\ndetails of any request made to an issuing agency under section 146ZB in relation to the authority;\nthe general nature of the duties undertaken by the authorised person under the assumed identity;\ngeneral details of relevant financial transactions entered into using the assumed identity;\ndetails of reviews of the authority under section 146X .\ns 146ZR ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146ZR-ssec.1) The chairperson must keep appropriate records about the commission’s operations under this part.\n(sec.146ZR-ssec.2) The records must contain all of the following information about each authority granted under this part in relation to the commission— the date on which the authority was granted and the name of the person who granted it; if the authority was varied or cancelled under this part—the date it was varied or cancelled, and the name of the person who varied or cancelled it; the name of the authorised person under the authority; details of the assumed identity to which the authority relates; details of any request made to an issuing agency under section 146ZB in relation to the authority; the general nature of the duties undertaken by the authorised person under the assumed identity; general details of relevant financial transactions entered into using the assumed identity; details of reviews of the authority under section 146X .\n- (a) the date on which the authority was granted and the name of the person who granted it;\n- (b) if the authority was varied or cancelled under this part—the date it was varied or cancelled, and the name of the person who varied or cancelled it;\n- (c) the name of the authorised person under the authority;\n- (d) details of the assumed identity to which the authority relates;\n- (e) details of any request made to an issuing agency under section 146ZB in relation to the authority;\n- (f) the general nature of the duties undertaken by the authorised person under the assumed identity;\n- (g) general details of relevant financial transactions entered into using the assumed identity;\n- (h) details of reviews of the authority under section 146X .","sortOrder":336},{"sectionNumber":"sec.146ZS","sectionType":"section","heading":"Audit of records","content":"### sec.146ZS Audit of records\n\nThe chairperson must have the records kept under section 146ZR for each authority granted in relation to the commission audited by the parliamentary commissioner—\nat least once every 6 months while the authority is in force; and\nat least once in the 6 months after the cancellation or expiry of the authority.\nThe parliamentary commissioner must give the chairperson a written report of the results of the audit.\ns 146ZS ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.146ZS-ssec.1) The chairperson must have the records kept under section 146ZR for each authority granted in relation to the commission audited by the parliamentary commissioner— at least once every 6 months while the authority is in force; and at least once in the 6 months after the cancellation or expiry of the authority.\n(sec.146ZS-ssec.2) The parliamentary commissioner must give the chairperson a written report of the results of the audit.\n- (a) at least once every 6 months while the authority is in force; and\n- (b) at least once in the 6 months after the cancellation or expiry of the authority.","sortOrder":337},{"sectionNumber":"ch.3-pt.6B-div.7","sectionType":"division","heading":"Delegation","content":"## Delegation","sortOrder":338},{"sectionNumber":"sec.146ZT","sectionType":"section","heading":"Delegation generally","content":"### sec.146ZT Delegation generally\n\nOther than as provided by this part, and despite any other Act or law to the contrary, the powers of the chairperson under this part may not be delegated to any other person.\ns 146ZT ins 2006 No. 26 s 92\namd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)","sortOrder":339},{"sectionNumber":"sec.146ZU","sectionType":"section","heading":"Delegation—chairperson","content":"### sec.146ZU Delegation—chairperson\n\nThe chairperson may delegate any of the chairperson’s powers under this part relating to the following to the chief executive officer or a senior executive officer—\nthe granting, variation and cancellation of authorities;\nconducting reviews under section 146X ;\nauthorising the making of an application to the independent member for a birth certificate approval for an assumed identity;\nmaking requests under section 146ZB .\nAlso, the chairperson may delegate to an authorised commission officer the chairperson’s power under section 146Y to apply to the independent member for authority to create a birth certificate for an assumed identity.\nNo more than 4 delegations may be in force under this section at any time.\ns 146ZU ins 2006 No. 26 s 92\namd 2014 No. 21 s 25 ; 2016 No. 19 s 45 (1) – (2)\n(sec.146ZU-ssec.1) The chairperson may delegate any of the chairperson’s powers under this part relating to the following to the chief executive officer or a senior executive officer— the granting, variation and cancellation of authorities; conducting reviews under section 146X ; authorising the making of an application to the independent member for a birth certificate approval for an assumed identity; making requests under section 146ZB .\n(sec.146ZU-ssec.2) Also, the chairperson may delegate to an authorised commission officer the chairperson’s power under section 146Y to apply to the independent member for authority to create a birth certificate for an assumed identity.\n(sec.146ZU-ssec.3) No more than 4 delegations may be in force under this section at any time.\n- (a) the granting, variation and cancellation of authorities;\n- (b) conducting reviews under section 146X ;\n- (c) authorising the making of an application to the independent member for a birth certificate approval for an assumed identity;\n- (d) making requests under section 146ZB .","sortOrder":340},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Covert searches for crime investigations","content":"# Covert searches for crime investigations","sortOrder":341},{"sectionNumber":"sec.147","sectionType":"section","heading":"Application of pt 7","content":"### sec.147 Application of pt 7\n\nThis part applies only for a crime investigation.","sortOrder":342},{"sectionNumber":"sec.148","sectionType":"section","heading":"Covert search warrant applications","content":"### sec.148 Covert search warrant applications\n\nAn authorised commission officer, with the chairperson’s approval, may apply to a Supreme Court judge for a warrant ( covert search warrant ) to enter and search a place for evidence of the commission of major crime being investigated by the commission.\nFor subsection (1) , an authorised commission officer who is a police officer must be of at least the rank of inspector.\nThe application must—\nbe sworn and state the grounds on which the warrant is sought; and\nstate that the covert search warrant is being sought to enter and search a place for evidence of the commission of major crime being investigated by the commission; and\nfully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and\ninclude information required under a regulation about any warrants issued within the previous year in relation to the place or person suspected of being involved in the major crime to which the application relates.\nSubsection (3) (d) applies only to—\ninformation kept in a register that the officer may inspect; and\ninformation the officer otherwise actually knows.\nThe applicant must advise the public interest monitor of the application under arrangements decided by the monitor.\nThe judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires.\nThe judge may require additional information supporting the application to be given by statutory declaration.\ns 148 amd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (2)\n(sec.148-ssec.1) An authorised commission officer, with the chairperson’s approval, may apply to a Supreme Court judge for a warrant ( covert search warrant ) to enter and search a place for evidence of the commission of major crime being investigated by the commission.\n(sec.148-ssec.2) For subsection (1) , an authorised commission officer who is a police officer must be of at least the rank of inspector.\n(sec.148-ssec.3) The application must— be sworn and state the grounds on which the warrant is sought; and state that the covert search warrant is being sought to enter and search a place for evidence of the commission of major crime being investigated by the commission; and fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and include information required under a regulation about any warrants issued within the previous year in relation to the place or person suspected of being involved in the major crime to which the application relates.\n(sec.148-ssec.4) Subsection (3) (d) applies only to— information kept in a register that the officer may inspect; and information the officer otherwise actually knows.\n(sec.148-ssec.5) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor.\n(sec.148-ssec.6) The judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires. The judge may require additional information supporting the application to be given by statutory declaration.\n- (a) be sworn and state the grounds on which the warrant is sought; and\n- (b) state that the covert search warrant is being sought to enter and search a place for evidence of the commission of major crime being investigated by the commission; and\n- (c) fully disclose all matters, of which the authorised commission officer is aware, both favourable and adverse to the issuing of the warrant sought; and\n- (d) include information required under a regulation about any warrants issued within the previous year in relation to the place or person suspected of being involved in the major crime to which the application relates.\n- (a) information kept in a register that the officer may inspect; and\n- (b) information the officer otherwise actually knows.","sortOrder":343},{"sectionNumber":"sec.149","sectionType":"section","heading":"Who may be present at consideration of application","content":"### sec.149 Who may be present at consideration of application\n\nThe judge must hear an application for a covert search warrant in the absence of anyone other than the following—\nthe applicant;\na monitor;\nsomeone the judge permits to be present;\na lawyer representing anyone mentioned in paragraphs (a) to (c) .\nAlso, the judge must hear the application—\nin the absence of the person the subject of the application (the relevant person ) or anyone likely to inform the relevant person of the application; and\nwithout the relevant person having been informed of the application.\n(sec.149-ssec.1) The judge must hear an application for a covert search warrant in the absence of anyone other than the following— the applicant; a monitor; someone the judge permits to be present; a lawyer representing anyone mentioned in paragraphs (a) to (c) .\n(sec.149-ssec.2) Also, the judge must hear the application— in the absence of the person the subject of the application (the relevant person ) or anyone likely to inform the relevant person of the application; and without the relevant person having been informed of the application.\n- (a) the applicant;\n- (b) a monitor;\n- (c) someone the judge permits to be present;\n- (d) a lawyer representing anyone mentioned in paragraphs (a) to (c) .\n- (a) in the absence of the person the subject of the application (the relevant person ) or anyone likely to inform the relevant person of the application; and\n- (b) without the relevant person having been informed of the application.","sortOrder":344},{"sectionNumber":"sec.150","sectionType":"section","heading":"Consideration of application","content":"### sec.150 Consideration of application\n\nBefore deciding the application, the judge must, in particular, and being mindful of the highly intrusive nature of the exercise of power under a covert search warrant, consider the following—\nthe nature and seriousness of the major crime being investigated;\nthe extent to which issuing the warrant would help prevent, detect, or provide evidence of the commission of, the major crime;\nthe benefits derived from any previous covert search warrants, search warrants or surveillance warrants in relation to the relevant person or place;\nthe extent to which commission officers investigating the matter have used or can use conventional ways of investigation;\nhow much the use of conventional ways of investigation would be likely to help in the investigation of the matter;\nhow much the use of conventional ways of investigation would prejudice the investigation of the matter;\nany submissions made by a monitor.\n- (a) the nature and seriousness of the major crime being investigated;\n- (b) the extent to which issuing the warrant would help prevent, detect, or provide evidence of the commission of, the major crime;\n- (c) the benefits derived from any previous covert search warrants, search warrants or surveillance warrants in relation to the relevant person or place;\n- (d) the extent to which commission officers investigating the matter have used or can use conventional ways of investigation;\n- (e) how much the use of conventional ways of investigation would be likely to help in the investigation of the matter;\n- (f) how much the use of conventional ways of investigation would prejudice the investigation of the matter;\n- (g) any submissions made by a monitor.","sortOrder":345},{"sectionNumber":"sec.151","sectionType":"section","heading":"Issue of covert search warrant","content":"### sec.151 Issue of covert search warrant\n\nAfter considering the application, the judge may issue the warrant if satisfied there are reasonable grounds for believing evidence of the commission of the major crime—\nis at the place; or\nis likely to be taken to the place within the next 72 hours.\nThe judge may impose any conditions on the warrant that the judge considers are necessary in the public interest.\n(sec.151-ssec.1) After considering the application, the judge may issue the warrant if satisfied there are reasonable grounds for believing evidence of the commission of the major crime— is at the place; or is likely to be taken to the place within the next 72 hours.\n(sec.151-ssec.2) The judge may impose any conditions on the warrant that the judge considers are necessary in the public interest.\n- (a) is at the place; or\n- (b) is likely to be taken to the place within the next 72 hours.","sortOrder":346},{"sectionNumber":"sec.152","sectionType":"section","heading":"What covert search warrant must state","content":"### sec.152 What covert search warrant must state\n\nA covert search warrant must state the following—\nthat a stated commission officer, or any commission officer, may, with reasonable help and force, enter the place, covertly or by subterfuge and exercise covert search powers under the warrant;\nthe major crime for which the warrant was issued;\nany evidence or samples of evidence that may be seized under the warrant;\nthat the warrant may be executed at any time of the day or night;\nthat, if practicable, the search must be videotaped;\nthe day and time the warrant starts and when the warrant ends, being not more than 30 days after the warrant starts;\nany conditions imposed under section 151 (2) .\ns 152 amd 2002 No. 68 s 283 sch 3\n- (a) that a stated commission officer, or any commission officer, may, with reasonable help and force, enter the place, covertly or by subterfuge and exercise covert search powers under the warrant;\n- (b) the major crime for which the warrant was issued;\n- (c) any evidence or samples of evidence that may be seized under the warrant;\n- (d) that the warrant may be executed at any time of the day or night;\n- (e) that, if practicable, the search must be videotaped;\n- (f) the day and time the warrant starts and when the warrant ends, being not more than 30 days after the warrant starts;\n- (g) any conditions imposed under section 151 (2) .","sortOrder":347},{"sectionNumber":"sec.153","sectionType":"section","heading":"Duration and extension of covert search warrant","content":"### sec.153 Duration and extension of covert search warrant\n\nA covert search warrant is in force until the earlier of the following—\nwhen the warrant is stated to end;\nwhen the initial search is complete.\nHowever, the warrant may be extended from time to time on application.\nThe provisions of this part for an application for a covert search warrant apply to an application for an extension, with all necessary changes.\n(sec.153-ssec.1) A covert search warrant is in force until the earlier of the following— when the warrant is stated to end; when the initial search is complete.\n(sec.153-ssec.2) However, the warrant may be extended from time to time on application.\n(sec.153-ssec.3) The provisions of this part for an application for a covert search warrant apply to an application for an extension, with all necessary changes.\n- (a) when the warrant is stated to end;\n- (b) when the initial search is complete.","sortOrder":348},{"sectionNumber":"sec.154","sectionType":"section","heading":"Restriction about records and access to covert search warrant applications","content":"### sec.154 Restriction about records and access to covert search warrant applications\n\nDespite the Recording of Evidence Act 1962 , a transcript of an application for a covert search warrant or an extension of a covert search warrant and any order made on the application must not be made.\nA person must not publish a report of a proceeding on an application for a covert search warrant or an extension of a covert search warrant.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nA person is not entitled to search information in the custody of the Supreme Court in relation to an application for a covert search warrant, unless a Supreme Court judge otherwise orders in the interests of justice.\nNothing in this section prevents a person who was present at a proceeding on an application for a covert search warrant or an extension of a covert search warrant from giving oral evidence to a court about things that happened at the proceeding.\n(sec.154-ssec.1) Despite the Recording of Evidence Act 1962 , a transcript of an application for a covert search warrant or an extension of a covert search warrant and any order made on the application must not be made.\n(sec.154-ssec.2) A person must not publish a report of a proceeding on an application for a covert search warrant or an extension of a covert search warrant. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.154-ssec.3) A person is not entitled to search information in the custody of the Supreme Court in relation to an application for a covert search warrant, unless a Supreme Court judge otherwise orders in the interests of justice.\n(sec.154-ssec.4) Nothing in this section prevents a person who was present at a proceeding on an application for a covert search warrant or an extension of a covert search warrant from giving oral evidence to a court about things that happened at the proceeding.","sortOrder":349},{"sectionNumber":"sec.155","sectionType":"section","heading":"Powers under covert search warrant","content":"### sec.155 Powers under covert search warrant\n\nA commission officer to whom a covert search warrant is directed may, subject to the warrant, lawfully exercise the following powers under the warrant ( covert search powers )—\npower to enter the place stated in the warrant (the relevant place ), covertly or through subterfuge, as often as is reasonably necessary for the purposes of the warrant and stay at the place for the time reasonably necessary;\npower to pass over, through, along or under another place to enter the relevant place;\npower to search the relevant place for anything sought under the warrant;\npower to open anything at the relevant place that is locked;\npower to seize a thing or part of a thing found at the relevant place that the commission officer reasonably believes is evidence of the commission of major crime stated in the warrant;\npower to photograph anything the commission officer reasonably believes may provide evidence of the commission of major crime stated in the warrant;\npower to inspect or test anything found at the place.\n- (a) power to enter the place stated in the warrant (the relevant place ), covertly or through subterfuge, as often as is reasonably necessary for the purposes of the warrant and stay at the place for the time reasonably necessary;\n- (b) power to pass over, through, along or under another place to enter the relevant place;\n- (c) power to search the relevant place for anything sought under the warrant;\n- (d) power to open anything at the relevant place that is locked;\n- (e) power to seize a thing or part of a thing found at the relevant place that the commission officer reasonably believes is evidence of the commission of major crime stated in the warrant;\n- (f) power to photograph anything the commission officer reasonably believes may provide evidence of the commission of major crime stated in the warrant;\n- (g) power to inspect or test anything found at the place.","sortOrder":350},{"sectionNumber":"sec.156","sectionType":"section","heading":"Report on covert search","content":"### sec.156 Report on covert search\n\nA commission officer must give to the Supreme Court judge who issued the covert search warrant and a monitor a report containing information required under a regulation on the exercise of the powers under the warrant.\nThe report must be given to the judge and a monitor within 7 days after the warrant is executed or, if that is impracticable because of the unavailability of the judge, as soon as practicable after the warrant is executed.\nThe officer must, if practicable, also take before the judge anything seized under the warrant and any photograph taken during the search.\nThe judge may, in relation to a thing mentioned in subsection (3) , order that it—\nbe held by the commission until any proceeding in which the thing may be evidence ends; or\nbe dealt with in the way the judge orders.\n(sec.156-ssec.1) A commission officer must give to the Supreme Court judge who issued the covert search warrant and a monitor a report containing information required under a regulation on the exercise of the powers under the warrant.\n(sec.156-ssec.2) The report must be given to the judge and a monitor within 7 days after the warrant is executed or, if that is impracticable because of the unavailability of the judge, as soon as practicable after the warrant is executed.\n(sec.156-ssec.3) The officer must, if practicable, also take before the judge anything seized under the warrant and any photograph taken during the search.\n(sec.156-ssec.4) The judge may, in relation to a thing mentioned in subsection (3) , order that it— be held by the commission until any proceeding in which the thing may be evidence ends; or be dealt with in the way the judge orders.\n- (a) be held by the commission until any proceeding in which the thing may be evidence ends; or\n- (b) be dealt with in the way the judge orders.","sortOrder":351},{"sectionNumber":"ch.3-pt.8","sectionType":"part","heading":"Additional powers with court’s approval","content":"# Additional powers with court’s approval","sortOrder":352},{"sectionNumber":"sec.157","sectionType":"section","heading":"Application of pt 8","content":"### sec.157 Application of pt 8\n\nThis part applies only for a corruption investigation or a crime investigation relating to terrorism.\nIn this section—\nterrorism includes something that is—\npreparatory to the commission of terrorism; or\nundertaken to avoid detection of, or prosecution for, terrorism.\ns 157 amd 2004 No. 8 s 8 ; 2014 No. 21 s 94 (1) sch 1\n(sec.157-ssec.1) This part applies only for a corruption investigation or a crime investigation relating to terrorism.\n(sec.157-ssec.2) In this section— terrorism includes something that is— preparatory to the commission of terrorism; or undertaken to avoid detection of, or prosecution for, terrorism.\n- (a) preparatory to the commission of terrorism; or\n- (b) undertaken to avoid detection of, or prosecution for, terrorism.","sortOrder":353},{"sectionNumber":"sec.158","sectionType":"section","heading":"Additional powers warrant applications","content":"### sec.158 Additional powers warrant applications\n\nWith the chairperson’s approval, an authorised commission officer may apply to a Supreme Court judge for a warrant ( additional powers warrant ) authorising the use of powers under this part.\nFor subsection (1) , an authorised commission officer who is a police officer must be of at least the rank of inspector.\nThe application must—\nbe sworn and state the grounds on which the warrant is sought; and\nstate the powers sought; and\nfully disclose all matters, of which the applicant is aware, both favourable and adverse to the issuing of the warrant sought by the applicant.\nThe applicant must advise any person the judge directs is to be advised of the application.\nThe judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires.\nThe judge may require additional information supporting the application to be given by statutory declaration.\ns 158 amd 2014 No. 21 s 25 ; 2016 No. 19 s 45 (2)\n(sec.158-ssec.1) With the chairperson’s approval, an authorised commission officer may apply to a Supreme Court judge for a warrant ( additional powers warrant ) authorising the use of powers under this part.\n(sec.158-ssec.2) For subsection (1) , an authorised commission officer who is a police officer must be of at least the rank of inspector.\n(sec.158-ssec.3) The application must— be sworn and state the grounds on which the warrant is sought; and state the powers sought; and fully disclose all matters, of which the applicant is aware, both favourable and adverse to the issuing of the warrant sought by the applicant.\n(sec.158-ssec.4) The applicant must advise any person the judge directs is to be advised of the application.\n(sec.158-ssec.5) The judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires. The judge may require additional information supporting the application to be given by statutory declaration.\n- (a) be sworn and state the grounds on which the warrant is sought; and\n- (b) state the powers sought; and\n- (c) fully disclose all matters, of which the applicant is aware, both favourable and adverse to the issuing of the warrant sought by the applicant.","sortOrder":354},{"sectionNumber":"sec.159","sectionType":"section","heading":"Who may be present at consideration of application","content":"### sec.159 Who may be present at consideration of application\n\nThe judge must hear an application for an additional powers warrant in the absence of anyone other than the following—\nthe applicant;\nsomeone the judge permits or directs to be present;\na lawyer representing anyone mentioned in paragraphs (a) or (b) .\nAlso, the judge must hear the application—\nin the absence of the person the subject of the application (the relevant person ) or anyone likely to inform the relevant person of the application; and\nwithout the relevant person having been informed of the application.\n(sec.159-ssec.1) The judge must hear an application for an additional powers warrant in the absence of anyone other than the following— the applicant; someone the judge permits or directs to be present; a lawyer representing anyone mentioned in paragraphs (a) or (b) .\n(sec.159-ssec.2) Also, the judge must hear the application— in the absence of the person the subject of the application (the relevant person ) or anyone likely to inform the relevant person of the application; and without the relevant person having been informed of the application.\n- (a) the applicant;\n- (b) someone the judge permits or directs to be present;\n- (c) a lawyer representing anyone mentioned in paragraphs (a) or (b) .\n- (a) in the absence of the person the subject of the application (the relevant person ) or anyone likely to inform the relevant person of the application; and\n- (b) without the relevant person having been informed of the application.","sortOrder":355},{"sectionNumber":"sec.160","sectionType":"section","heading":"Consideration of application","content":"### sec.160 Consideration of application\n\nBefore deciding the application, the judge must, in particular, and being mindful of the highly intrusive nature of the exercise of power under an additional powers warrant, consider the following—\nthe nature and seriousness of the corruption or terrorism being investigated;\nthe significance to the commission’s purposes of the objects of the proposed exercise of authority;\nthe extent to which commission officers investigating the matter have used or can use other powers for the investigation;\nhow much the use of the additional powers would be likely to help in the investigation of the matter;\nany submissions made by a monitor.\ns 160 amd 2004 No. 8 s 9 ; 2014 No. 21 s 94 (1) sch 1\n- (a) the nature and seriousness of the corruption or terrorism being investigated;\n- (b) the significance to the commission’s purposes of the objects of the proposed exercise of authority;\n- (c) the extent to which commission officers investigating the matter have used or can use other powers for the investigation;\n- (d) how much the use of the additional powers would be likely to help in the investigation of the matter;\n- (e) any submissions made by a monitor.","sortOrder":356},{"sectionNumber":"sec.161","sectionType":"section","heading":"Issue of additional powers warrant","content":"### sec.161 Issue of additional powers warrant\n\nAfter considering the application, the judge may issue the warrant for a period of not more than 30 days if satisfied there are reasonable grounds for believing that the use of the additional powers sought is justified in the particular circumstances of the case.\nThe judge may impose any conditions on the warrant that the judge considers are necessary in the public interest.\n(sec.161-ssec.1) After considering the application, the judge may issue the warrant for a period of not more than 30 days if satisfied there are reasonable grounds for believing that the use of the additional powers sought is justified in the particular circumstances of the case.\n(sec.161-ssec.2) The judge may impose any conditions on the warrant that the judge considers are necessary in the public interest.","sortOrder":357},{"sectionNumber":"sec.162","sectionType":"section","heading":"What additional powers warrant must state","content":"### sec.162 What additional powers warrant must state\n\nAn additional powers warrant must state the following—\nthat a stated commission officer, or any commission officer, may, with reasonable help and force, enter a place and exercise powers under the warrant;\nbrief particulars of the corruption or terrorism for which the warrant is issued;\nany evidence or samples of evidence that may be seized under the warrant;\nthat the warrant may be executed at any time of the day or night;\nthe day and time the warrant starts and when the warrant ends;\nany conditions imposed under section 161 (2) .\ns 162 amd 2002 No. 68 s 283 sch 3 ; 2004 No. 8 s 10 ; 2014 No. 21 s 94 (1) sch 1\n- (a) that a stated commission officer, or any commission officer, may, with reasonable help and force, enter a place and exercise powers under the warrant;\n- (b) brief particulars of the corruption or terrorism for which the warrant is issued;\n- (c) any evidence or samples of evidence that may be seized under the warrant;\n- (d) that the warrant may be executed at any time of the day or night;\n- (e) the day and time the warrant starts and when the warrant ends;\n- (f) any conditions imposed under section 161 (2) .","sortOrder":358},{"sectionNumber":"sec.163","sectionType":"section","heading":"Duration and extension of additional powers warrant","content":"### sec.163 Duration and extension of additional powers warrant\n\nAn additional powers warrant is in force until the earlier of the following—\nwhen the warrant is stated to end;\nwhen the initial search is complete.\nHowever, the warrant may be extended from time to time on application.\nThe provisions of this part for an application for an additional powers warrant apply to an application for an extension, with all necessary changes.\n(sec.163-ssec.1) An additional powers warrant is in force until the earlier of the following— when the warrant is stated to end; when the initial search is complete.\n(sec.163-ssec.2) However, the warrant may be extended from time to time on application.\n(sec.163-ssec.3) The provisions of this part for an application for an additional powers warrant apply to an application for an extension, with all necessary changes.\n- (a) when the warrant is stated to end;\n- (b) when the initial search is complete.","sortOrder":359},{"sectionNumber":"sec.164","sectionType":"section","heading":"Restriction about records and access to additional powers warrant applications","content":"### sec.164 Restriction about records and access to additional powers warrant applications\n\nDespite the Recording of Evidence Act 1962 , a transcript of an application for an additional powers warrant or an extension of an additional powers warrant and any order made on the application must not be made.\nA person must not publish a report of a proceeding on an application for an additional powers warrant or an extension of an additional powers warrant.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nA person is not entitled to search information in the custody of the Supreme Court in relation to an application for an additional powers warrant, unless a Supreme Court judge otherwise orders in the interests of justice.\nNothing in this section prevents a person who was present at a proceeding on an application for an additional powers warrant or an extension of an additional powers warrant from giving oral evidence to a court about things that happened at the proceeding.\n(sec.164-ssec.1) Despite the Recording of Evidence Act 1962 , a transcript of an application for an additional powers warrant or an extension of an additional powers warrant and any order made on the application must not be made.\n(sec.164-ssec.2) A person must not publish a report of a proceeding on an application for an additional powers warrant or an extension of an additional powers warrant. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.164-ssec.3) A person is not entitled to search information in the custody of the Supreme Court in relation to an application for an additional powers warrant, unless a Supreme Court judge otherwise orders in the interests of justice.\n(sec.164-ssec.4) Nothing in this section prevents a person who was present at a proceeding on an application for an additional powers warrant or an extension of an additional powers warrant from giving oral evidence to a court about things that happened at the proceeding.","sortOrder":360},{"sectionNumber":"sec.165","sectionType":"section","heading":"Powers under additional powers warrant","content":"### sec.165 Powers under additional powers warrant\n\nA commission officer to whom an additional powers warrant is directed may, subject to the warrant, lawfully exercise the following powers under the warrant—\npower, at any time during business hours—\nto enter premises at which records of a financial entity or a suspected associate of a person being investigated are held; and\nto inspect and make copies of, or take extracts from, the records so far as they relate to the affairs of the person being investigated;\npower to seize passports, other travel documents, instruments of title to property, securities and financial documents found in the possession or control of a person concerned in an investigation;\npower to require a person to give to the commission or officer 1 or more sworn affidavits or statutory declarations relating to the property of, financial transactions of, or movements of money or other assets by—\nfor a corruption investigation—a person holding an appointment in a unit of public administration or someone associated with the person holding the appointment; or\nfor a crime investigation relating to terrorism—a person being investigated or a suspected associate of the person being investigated.\nIn this section—\nfinancial entity means—\na financial institution; or\nan insurance company; or\na stock and share broker; or\na person engaged in a business of—\ninvesting money for others; or\nproviding credit facilities.\nperson being investigated means a person to whom an investigation by the commission relates.\nsuspected associate , of a person being investigated, means a person suspected of having a relevant association with the person being investigated.\ns 165 amd 2004 No. 8 s 11 ; 2014 No. 21 s 94 (1) sch 1\n(sec.165-ssec.1) A commission officer to whom an additional powers warrant is directed may, subject to the warrant, lawfully exercise the following powers under the warrant— power, at any time during business hours— to enter premises at which records of a financial entity or a suspected associate of a person being investigated are held; and to inspect and make copies of, or take extracts from, the records so far as they relate to the affairs of the person being investigated; power to seize passports, other travel documents, instruments of title to property, securities and financial documents found in the possession or control of a person concerned in an investigation; power to require a person to give to the commission or officer 1 or more sworn affidavits or statutory declarations relating to the property of, financial transactions of, or movements of money or other assets by— for a corruption investigation—a person holding an appointment in a unit of public administration or someone associated with the person holding the appointment; or for a crime investigation relating to terrorism—a person being investigated or a suspected associate of the person being investigated.\n(sec.165-ssec.2) In this section— financial entity means— a financial institution; or an insurance company; or a stock and share broker; or a person engaged in a business of— investing money for others; or providing credit facilities. person being investigated means a person to whom an investigation by the commission relates. suspected associate , of a person being investigated, means a person suspected of having a relevant association with the person being investigated.\n- (a) power, at any time during business hours— (i) to enter premises at which records of a financial entity or a suspected associate of a person being investigated are held; and (ii) to inspect and make copies of, or take extracts from, the records so far as they relate to the affairs of the person being investigated;\n- (i) to enter premises at which records of a financial entity or a suspected associate of a person being investigated are held; and\n- (ii) to inspect and make copies of, or take extracts from, the records so far as they relate to the affairs of the person being investigated;\n- (b) power to seize passports, other travel documents, instruments of title to property, securities and financial documents found in the possession or control of a person concerned in an investigation;\n- (c) power to require a person to give to the commission or officer 1 or more sworn affidavits or statutory declarations relating to the property of, financial transactions of, or movements of money or other assets by— (i) for a corruption investigation—a person holding an appointment in a unit of public administration or someone associated with the person holding the appointment; or (ii) for a crime investigation relating to terrorism—a person being investigated or a suspected associate of the person being investigated.\n- (i) for a corruption investigation—a person holding an appointment in a unit of public administration or someone associated with the person holding the appointment; or\n- (ii) for a crime investigation relating to terrorism—a person being investigated or a suspected associate of the person being investigated.\n- (i) to enter premises at which records of a financial entity or a suspected associate of a person being investigated are held; and\n- (ii) to inspect and make copies of, or take extracts from, the records so far as they relate to the affairs of the person being investigated;\n- (i) for a corruption investigation—a person holding an appointment in a unit of public administration or someone associated with the person holding the appointment; or\n- (ii) for a crime investigation relating to terrorism—a person being investigated or a suspected associate of the person being investigated.\n- (a) a financial institution; or\n- (b) an insurance company; or\n- (c) a stock and share broker; or\n- (d) a person engaged in a business of— (i) investing money for others; or (ii) providing credit facilities.\n- (i) investing money for others; or\n- (ii) providing credit facilities.\n- (i) investing money for others; or\n- (ii) providing credit facilities.","sortOrder":361},{"sectionNumber":"ch.3-pt.9","sectionType":"part","heading":"Warrants register","content":"# Warrants register","sortOrder":362},{"sectionNumber":"sec.166","sectionType":"section","heading":"Register of warrants, warrant applications etc.","content":"### sec.166 Register of warrants, warrant applications etc.\n\nThe commission must keep a register of prescribed information in the way the commission considers appropriate.\nThe register is not open to inspection by anyone other than the following—\nthe commission;\na monitor;\nthe parliamentary commissioner.\nHowever, if the commission considers it appropriate, the commission may, in writing, authorise a person who may not otherwise inspect the register to inspect the register on conditions the commission considers appropriate.\nThe commission may authorise a person to inspect the register under subsection (3) only if it is satisfied the inspection is necessary—\nfor an investigation into major crime or corruption, or a confiscation related investigation, for which information in the register may be relevant; or\nfor maintaining the register; or\nfor preparing an application under part 2 , or part 6 , division 2 , or part 7 for a warrant or for an extension of a warrant; or\nto monitor compliance with this Act.\nA person authorised under subsection (3) to inspect the register may inspect it only to the extent necessary for the purpose for which the authority is given.\nIn this section—\nprescribed information means information prescribed under a regulation about—\napplications for—\nsearch warrants; or\nsurveillance warrants; or\nextensions of surveillance warrants; or\ncovert search warrants; or\nextensions of covert search warrants; or\nadditional powers warrants; or\nextensions of additional powers warrants; or\napprovals for controlled operations or variations of approvals for controlled operations under this Act; or\nmonitoring orders; or\nsuspension orders; or\na disclosure of information under section 130 (2) (f) (ii) or (g).\ns 166 amd 2002 No. 68 s 297 ; 2005 No. 45 s 67 sch 3 ; 2006 No. 41 s 3 sch ; 2007 No. 37 s 162 sch ; 2009 No. 48 s 140 ; 2013 No. 21 s 11 ; 2014 No. 21 s 94 (1) sch 1\n(sec.166-ssec.1) The commission must keep a register of prescribed information in the way the commission considers appropriate.\n(sec.166-ssec.2) The register is not open to inspection by anyone other than the following— the commission; a monitor; the parliamentary commissioner.\n(sec.166-ssec.3) However, if the commission considers it appropriate, the commission may, in writing, authorise a person who may not otherwise inspect the register to inspect the register on conditions the commission considers appropriate.\n(sec.166-ssec.4) The commission may authorise a person to inspect the register under subsection (3) only if it is satisfied the inspection is necessary— for an investigation into major crime or corruption, or a confiscation related investigation, for which information in the register may be relevant; or for maintaining the register; or for preparing an application under part 2 , or part 6 , division 2 , or part 7 for a warrant or for an extension of a warrant; or to monitor compliance with this Act.\n(sec.166-ssec.5) A person authorised under subsection (3) to inspect the register may inspect it only to the extent necessary for the purpose for which the authority is given.\n(sec.166-ssec.6) In this section— prescribed information means information prescribed under a regulation about— applications for— search warrants; or surveillance warrants; or extensions of surveillance warrants; or covert search warrants; or extensions of covert search warrants; or additional powers warrants; or extensions of additional powers warrants; or approvals for controlled operations or variations of approvals for controlled operations under this Act; or monitoring orders; or suspension orders; or a disclosure of information under section 130 (2) (f) (ii) or (g).\n- (a) the commission;\n- (b) a monitor;\n- (c) the parliamentary commissioner.\n- (a) for an investigation into major crime or corruption, or a confiscation related investigation, for which information in the register may be relevant; or\n- (b) for maintaining the register; or\n- (c) for preparing an application under part 2 , or part 6 , division 2 , or part 7 for a warrant or for an extension of a warrant; or\n- (d) to monitor compliance with this Act.\n- (a) applications for— (i) search warrants; or (ii) surveillance warrants; or (iii) extensions of surveillance warrants; or (iv) covert search warrants; or (v) extensions of covert search warrants; or (vi) additional powers warrants; or (vii) extensions of additional powers warrants; or (viii) approvals for controlled operations or variations of approvals for controlled operations under this Act; or (ix) monitoring orders; or (x) suspension orders; or\n- (i) search warrants; or\n- (ii) surveillance warrants; or\n- (iii) extensions of surveillance warrants; or\n- (iv) covert search warrants; or\n- (v) extensions of covert search warrants; or\n- (vi) additional powers warrants; or\n- (vii) extensions of additional powers warrants; or\n- (viii) approvals for controlled operations or variations of approvals for controlled operations under this Act; or\n- (ix) monitoring orders; or\n- (x) suspension orders; or\n- (b) a disclosure of information under section 130 (2) (f) (ii) or (g).\n- (i) search warrants; or\n- (ii) surveillance warrants; or\n- (iii) extensions of surveillance warrants; or\n- (iv) covert search warrants; or\n- (v) extensions of covert search warrants; or\n- (vi) additional powers warrants; or\n- (vii) extensions of additional powers warrants; or\n- (viii) approvals for controlled operations or variations of approvals for controlled operations under this Act; or\n- (ix) monitoring orders; or\n- (x) suspension orders; or","sortOrder":363},{"sectionNumber":"ch.3-pt.10","sectionType":"part","heading":"Arrest warrants","content":"# Arrest warrants","sortOrder":364},{"sectionNumber":"sec.167","sectionType":"section","heading":"Arrest warrant application","content":"### sec.167 Arrest warrant application\n\nAn authorised commission officer, with the chairperson’s approval, may apply to a magistrate for a warrant for the apprehension of a person ( arrest warrant ) who has been given an attendance notice.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\ns 167 amd 2013 No. 45 s 16 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (2)\n(sec.167-ssec.1) An authorised commission officer, with the chairperson’s approval, may apply to a magistrate for a warrant for the apprehension of a person ( arrest warrant ) who has been given an attendance notice.\n(sec.167-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.167-ssec.3) The magistrate may refuse to consider the application until the officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.","sortOrder":365},{"sectionNumber":"sec.168","sectionType":"section","heading":"Issue of arrest warrant","content":"### sec.168 Issue of arrest warrant\n\nThe magistrate may issue a warrant for the apprehension of the person if the magistrate is satisfied—\non sworn evidence before the magistrate—\nthe person—\nhas been given the attendance notice; and\nhas, without reasonable excuse, failed to attend at the commission hearing as required by the notice; or\nthe person has made a representation that the person intends not to attend at a commission hearing as required by the attendance notice; and\nit is in the public interest that the person be compelled to attend at the hearing to avoid prejudice to the conduct of an investigation.\nFor subsection (1) (a) (ii) , an arrest warrant may be issued even though the time stated in the attendance notice for the person to attend has not yet passed.\nIn this section—\nrepresentation includes—\nan express or implied representation, whether oral or in writing; and\na representation inferred from conduct; and\na representation not intended by its maker to be communicated to or seen by another person.\ns 168 amd 2013 No. 45 s 17\n(sec.168-ssec.1) The magistrate may issue a warrant for the apprehension of the person if the magistrate is satisfied— on sworn evidence before the magistrate— the person— has been given the attendance notice; and has, without reasonable excuse, failed to attend at the commission hearing as required by the notice; or the person has made a representation that the person intends not to attend at a commission hearing as required by the attendance notice; and it is in the public interest that the person be compelled to attend at the hearing to avoid prejudice to the conduct of an investigation.\n(sec.168-ssec.2) For subsection (1) (a) (ii) , an arrest warrant may be issued even though the time stated in the attendance notice for the person to attend has not yet passed.\n(sec.168-ssec.3) In this section— representation includes— an express or implied representation, whether oral or in writing; and a representation inferred from conduct; and a representation not intended by its maker to be communicated to or seen by another person.\n- (a) on sworn evidence before the magistrate— (i) the person— (A) has been given the attendance notice; and (B) has, without reasonable excuse, failed to attend at the commission hearing as required by the notice; or (ii) the person has made a representation that the person intends not to attend at a commission hearing as required by the attendance notice; and\n- (i) the person— (A) has been given the attendance notice; and (B) has, without reasonable excuse, failed to attend at the commission hearing as required by the notice; or\n- (A) has been given the attendance notice; and\n- (B) has, without reasonable excuse, failed to attend at the commission hearing as required by the notice; or\n- (ii) the person has made a representation that the person intends not to attend at a commission hearing as required by the attendance notice; and\n- (b) it is in the public interest that the person be compelled to attend at the hearing to avoid prejudice to the conduct of an investigation.\n- (i) the person— (A) has been given the attendance notice; and (B) has, without reasonable excuse, failed to attend at the commission hearing as required by the notice; or\n- (A) has been given the attendance notice; and\n- (B) has, without reasonable excuse, failed to attend at the commission hearing as required by the notice; or\n- (ii) the person has made a representation that the person intends not to attend at a commission hearing as required by the attendance notice; and\n- (A) has been given the attendance notice; and\n- (B) has, without reasonable excuse, failed to attend at the commission hearing as required by the notice; or\n- (a) an express or implied representation, whether oral or in writing; and\n- (b) a representation inferred from conduct; and\n- (c) a representation not intended by its maker to be communicated to or seen by another person.","sortOrder":366},{"sectionNumber":"sec.169","sectionType":"section","heading":"What arrest warrant authorises","content":"### sec.169 What arrest warrant authorises\n\nThe arrest warrant authorises any authorised commission officer or police officer ( authorised officer ) to whom it is addressed to enter a place, using the force reasonably necessary, and to stay for a reasonable time on the place to apprehend the person subject to the warrant.\nThe person apprehended—\nmust be brought immediately before a commission hearing; and\nmay be detained in custody until excused from attendance at the hearing by the presiding officer at the hearing.\nThe Bail Act 1980 applies to a person taken into custody under an arrest warrant in the same way it applies to a person in custody charged with an offence.\nThe arrest warrant may be executed by any authorised officer to whom it is addressed.\nAn authorised officer executing the arrest warrant may use the force that is reasonably necessary, including force to enter premises, to execute the warrant.\nHowever, before the authorised officer uses force that may cause damage to a place to gain entry to the place, the authorised officer must, if reasonably practicable—\nask the occupier of the place to allow the authorised officer to enter the place; and\ngive the occupier a reasonable opportunity to allow the entry.\ns 169 amd 2006 No. 41 s 3 sch\n(sec.169-ssec.1) The arrest warrant authorises any authorised commission officer or police officer ( authorised officer ) to whom it is addressed to enter a place, using the force reasonably necessary, and to stay for a reasonable time on the place to apprehend the person subject to the warrant.\n(sec.169-ssec.2) The person apprehended— must be brought immediately before a commission hearing; and may be detained in custody until excused from attendance at the hearing by the presiding officer at the hearing.\n(sec.169-ssec.3) The Bail Act 1980 applies to a person taken into custody under an arrest warrant in the same way it applies to a person in custody charged with an offence.\n(sec.169-ssec.4) The arrest warrant may be executed by any authorised officer to whom it is addressed.\n(sec.169-ssec.5) An authorised officer executing the arrest warrant may use the force that is reasonably necessary, including force to enter premises, to execute the warrant.\n(sec.169-ssec.6) However, before the authorised officer uses force that may cause damage to a place to gain entry to the place, the authorised officer must, if reasonably practicable— ask the occupier of the place to allow the authorised officer to enter the place; and give the occupier a reasonable opportunity to allow the entry.\n- (a) must be brought immediately before a commission hearing; and\n- (b) may be detained in custody until excused from attendance at the hearing by the presiding officer at the hearing.\n- (a) ask the occupier of the place to allow the authorised officer to enter the place; and\n- (b) give the occupier a reasonable opportunity to allow the entry.","sortOrder":367},{"sectionNumber":"sec.170","sectionType":"section","heading":"Provision for overnight detention","content":"### sec.170 Provision for overnight detention\n\nUnless the arrest warrant otherwise provides, if the person is required to be detained overnight, the commission must arrange for the person to be provided with accommodation and meals to a standard comparable to that generally provided to jurors kept together overnight.\ns 170 amd 2009 No. 48 s 141","sortOrder":368},{"sectionNumber":"sec.171","sectionType":"section","heading":"Person’s liability for noncompliance with attendance notice unaffected by issue of arrest warrant","content":"### sec.171 Person’s liability for noncompliance with attendance notice unaffected by issue of arrest warrant\n\nThe issue of an arrest warrant for the apprehension of a person, or the apprehension of a person under the arrest warrant, does not relieve the person from any liability incurred by the person for noncompliance with an attendance notice.","sortOrder":369},{"sectionNumber":"ch.3-pt.11","sectionType":"part","heading":"General","content":"# General","sortOrder":370},{"sectionNumber":"sec.172","sectionType":"section","heading":"Commission officer may use assistance in exercising particular powers","content":"### sec.172 Commission officer may use assistance in exercising particular powers\n\nIt is lawful for a commission officer exercising a power under this Act—\nto seek the assistance of another person (an assistant ) the officer reasonably requires for performing a function of the commission; or\nto take onto a place any assistant, equipment, vehicle, animal or material the officer reasonably requires for exercising the power.\nA commission officer may seek the help of an electrician to install a listening device under a surveillance warrant.\nA commission officer may seek the help of a translator to interpret conversations and visual images recorded using a surveillance device.\nThe commission officer may authorise the assistant—\nto take stated action at the place; and\nto exercise stated powers the commission officer is authorised to exercise.\nHowever, the commission officer can not authorise the assistant to apprehend a person.\nThe commission officer must, if practicable, tell the assistant—\nof the action the assistant is authorised to take; and\nof the assistant’s powers under this section.\nSubsection (1) applies, in relation to animals, despite any other Act or law.\n(sec.172-ssec.1) It is lawful for a commission officer exercising a power under this Act— to seek the assistance of another person (an assistant ) the officer reasonably requires for performing a function of the commission; or to take onto a place any assistant, equipment, vehicle, animal or material the officer reasonably requires for exercising the power. A commission officer may seek the help of an electrician to install a listening device under a surveillance warrant. A commission officer may seek the help of a translator to interpret conversations and visual images recorded using a surveillance device.\n(sec.172-ssec.2) The commission officer may authorise the assistant— to take stated action at the place; and to exercise stated powers the commission officer is authorised to exercise.\n(sec.172-ssec.3) However, the commission officer can not authorise the assistant to apprehend a person.\n(sec.172-ssec.4) The commission officer must, if practicable, tell the assistant— of the action the assistant is authorised to take; and of the assistant’s powers under this section.\n(sec.172-ssec.5) Subsection (1) applies, in relation to animals, despite any other Act or law.\n- (a) to seek the assistance of another person (an assistant ) the officer reasonably requires for performing a function of the commission; or\n- (b) to take onto a place any assistant, equipment, vehicle, animal or material the officer reasonably requires for exercising the power.\n- 1 A commission officer may seek the help of an electrician to install a listening device under a surveillance warrant.\n- 2 A commission officer may seek the help of a translator to interpret conversations and visual images recorded using a surveillance device.\n- (a) to take stated action at the place; and\n- (b) to exercise stated powers the commission officer is authorised to exercise.\n- (a) of the action the assistant is authorised to take; and\n- (b) of the assistant’s powers under this section.","sortOrder":371},{"sectionNumber":"sec.173","sectionType":"section","heading":"Protection for assistants from liability","content":"### sec.173 Protection for assistants from liability\n\nAn assistant does not incur civil liability for an act done, or omission made, honestly and without negligence, while acting as an assistant.\nIf subsection (1) prevents a liability attaching to an assistant, liability attaches instead to the State.\n(sec.173-ssec.1) An assistant does not incur civil liability for an act done, or omission made, honestly and without negligence, while acting as an assistant.\n(sec.173-ssec.2) If subsection (1) prevents a liability attaching to an assistant, liability attaches instead to the State.","sortOrder":372},{"sectionNumber":"sec.174","sectionType":"section","heading":"Commission’s powers generally","content":"### sec.174 Commission’s powers generally\n\nWithout limiting the commission’s specific powers under this or another Act, the commission has power to do all things necessary or convenient to be done for or in connection with, or reasonably incidental to, the performance of its functions, including, for example, the power to make a statement to the public.\nSee, for example, the Police Powers and Responsibilities Act 2000 , chapter 11 (Controlled operations).\nA person who is a member of a relevant office whose services are seconded to the commission under section 255 retains, and may exercise, all powers had by the person as a member of the office.\nThe commission’s power under subsection (1) in relation to the performance of its corruption functions, and its prevention function to the extent it relates to corruption, does not include power to make a statement to the public about—\na particular complaint about, or information or matter involving, corruption; or\na particular corruption investigation.\nSee chapter 2 , part 6 , division 2A .\nIn this section—\nrelevant office means a unit of public administration or an office within a unit of public administration.\ns 174 amd 2009 No. 48 s 130 ; 2025 No. 7 s 23\n(sec.174-ssec.1) Without limiting the commission’s specific powers under this or another Act, the commission has power to do all things necessary or convenient to be done for or in connection with, or reasonably incidental to, the performance of its functions, including, for example, the power to make a statement to the public. See, for example, the Police Powers and Responsibilities Act 2000 , chapter 11 (Controlled operations).\n(sec.174-ssec.2) A person who is a member of a relevant office whose services are seconded to the commission under section 255 retains, and may exercise, all powers had by the person as a member of the office.\n(sec.174-ssec.3) The commission’s power under subsection (1) in relation to the performance of its corruption functions, and its prevention function to the extent it relates to corruption, does not include power to make a statement to the public about— a particular complaint about, or information or matter involving, corruption; or a particular corruption investigation. See chapter 2 , part 6 , division 2A .\n(sec.174-ssec.4) In this section— relevant office means a unit of public administration or an office within a unit of public administration.\n- (a) a particular complaint about, or information or matter involving, corruption; or\n- (b) a particular corruption investigation.","sortOrder":373},{"sectionNumber":"sec.175","sectionType":"section","heading":"Supplying officer’s details","content":"### sec.175 Supplying officer’s details\n\nThis section applies if a commission officer—\nsearches a place under a warrant, other than a covert search warrant, under this chapter; or\nseizes any property, other than under a covert search warrant, under this chapter.\nThe officer must, as soon as is reasonably practicable, inform the person the subject of the power of the following—\nthe fact that the officer is a commission officer;\nthe officer’s name;\nif the officer is a police officer, the officer’s rank and station.\nIf the officer is not a police officer in uniform, the officer must also produce for inspection the officer’s identity card.\nIf 2 or more officers are searching a place, only the officer in charge of the search is required to comply with subsections (2) and (3) , unless a person asks another officer for the information.\ns 175 amd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.175-ssec.1) This section applies if a commission officer— searches a place under a warrant, other than a covert search warrant, under this chapter; or seizes any property, other than under a covert search warrant, under this chapter.\n(sec.175-ssec.2) The officer must, as soon as is reasonably practicable, inform the person the subject of the power of the following— the fact that the officer is a commission officer; the officer’s name; if the officer is a police officer, the officer’s rank and station.\n(sec.175-ssec.3) If the officer is not a police officer in uniform, the officer must also produce for inspection the officer’s identity card.\n(sec.175-ssec.4) If 2 or more officers are searching a place, only the officer in charge of the search is required to comply with subsections (2) and (3) , unless a person asks another officer for the information.\n- (a) searches a place under a warrant, other than a covert search warrant, under this chapter; or\n- (b) seizes any property, other than under a covert search warrant, under this chapter.\n- (a) the fact that the officer is a commission officer;\n- (b) the officer’s name;\n- (c) if the officer is a police officer, the officer’s rank and station.","sortOrder":374},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Hearings","content":"# Hearings","sortOrder":375},{"sectionNumber":"sec.176","sectionType":"section","heading":"Commission may hold hearings","content":"### sec.176 Commission may hold hearings\n\nThe commission may authorise the holding of a hearing in relation to any matter relevant to the performance of its functions.\nSubsection (1) does not authorise the commission to hold a hearing for a confiscation related investigation.\nThe commission may hold a hearing in relation to the performance of its intelligence function if the hearing is permitted under an authorisation under section 55A or 55D .\ns 176 amd 2002 No. 68 s 298 ; 2013 No. 45 s 18 ; 2016 No. 62 s 45\n(sec.176-ssec.1) The commission may authorise the holding of a hearing in relation to any matter relevant to the performance of its functions.\n(sec.176-ssec.2) Subsection (1) does not authorise the commission to hold a hearing for a confiscation related investigation.\n(sec.176-ssec.3) The commission may hold a hearing in relation to the performance of its intelligence function if the hearing is permitted under an authorisation under section 55A or 55D .","sortOrder":376},{"sectionNumber":"sec.177","sectionType":"section","heading":"Whether hearings are to be open or closed","content":"### sec.177 Whether hearings are to be open or closed\n\nGenerally, a hearing is not open to the public.\nHowever—\nfor a hearing for a crime investigation, the commission may open the hearing to the public ( public hearing ) if it—\nconsiders opening the hearing will make the investigation to which the hearing relates more effective and would not be unfair to a person or contrary to the public interest; and\napproves that the hearing be a public hearing; or\nfor a hearing other than a hearing mentioned in paragraph (a) , the commission may open the hearing to the public if it—\nconsiders closing the hearing to the public would be unfair to a person or contrary to the public interest; and\napproves that the hearing be a public hearing.\nA decision about whether a hearing should be a public hearing must not be delegated.\nIf the commission decides to open a hearing to the public, the presiding officer for the hearing may close the hearing for a particular purpose.\ns 177 amd 2006 No. 41 s 9 ; 2024 No. 41 s 21\n(sec.177-ssec.1) Generally, a hearing is not open to the public.\n(sec.177-ssec.2) However— for a hearing for a crime investigation, the commission may open the hearing to the public ( public hearing ) if it— considers opening the hearing will make the investigation to which the hearing relates more effective and would not be unfair to a person or contrary to the public interest; and approves that the hearing be a public hearing; or for a hearing other than a hearing mentioned in paragraph (a) , the commission may open the hearing to the public if it— considers closing the hearing to the public would be unfair to a person or contrary to the public interest; and approves that the hearing be a public hearing.\n(sec.177-ssec.3) A decision about whether a hearing should be a public hearing must not be delegated.\n(sec.177-ssec.4) If the commission decides to open a hearing to the public, the presiding officer for the hearing may close the hearing for a particular purpose.\n- (a) for a hearing for a crime investigation, the commission may open the hearing to the public ( public hearing ) if it— (i) considers opening the hearing will make the investigation to which the hearing relates more effective and would not be unfair to a person or contrary to the public interest; and (ii) approves that the hearing be a public hearing; or\n- (i) considers opening the hearing will make the investigation to which the hearing relates more effective and would not be unfair to a person or contrary to the public interest; and\n- (ii) approves that the hearing be a public hearing; or\n- (b) for a hearing other than a hearing mentioned in paragraph (a) , the commission may open the hearing to the public if it— (i) considers closing the hearing to the public would be unfair to a person or contrary to the public interest; and (ii) approves that the hearing be a public hearing.\n- (i) considers closing the hearing to the public would be unfair to a person or contrary to the public interest; and\n- (ii) approves that the hearing be a public hearing.\n- (i) considers opening the hearing will make the investigation to which the hearing relates more effective and would not be unfair to a person or contrary to the public interest; and\n- (ii) approves that the hearing be a public hearing; or\n- (i) considers closing the hearing to the public would be unfair to a person or contrary to the public interest; and\n- (ii) approves that the hearing be a public hearing.","sortOrder":377},{"sectionNumber":"sec.178","sectionType":"section","heading":"Who must conduct hearings","content":"### sec.178 Who must conduct hearings\n\nThe chairperson must conduct a public hearing.\nHowever, if the chairperson considers it necessary for the efficient operation of the commission, a public hearing may be conducted by a sessional commissioner or senior executive officer as decided by the chairperson.\nMore than 1 public hearing may be conducted at the same time.\nA closed hearing may be conducted by any of the following as decided by the chairperson—\nthe chairperson;\na sessional commissioner;\na senior executive officer;\nanother person qualified for appointment as the chairperson.\ns 178 amd 2006 No. 41 s 10 ; 2014 No. 21 s 26 ; 2016 No. 19 s 45 (1)\n(sec.178-ssec.1) The chairperson must conduct a public hearing.\n(sec.178-ssec.2) However, if the chairperson considers it necessary for the efficient operation of the commission, a public hearing may be conducted by a sessional commissioner or senior executive officer as decided by the chairperson.\n(sec.178-ssec.2A) More than 1 public hearing may be conducted at the same time.\n(sec.178-ssec.3) A closed hearing may be conducted by any of the following as decided by the chairperson— the chairperson; a sessional commissioner; a senior executive officer; another person qualified for appointment as the chairperson.\n- (a) the chairperson;\n- (b) a sessional commissioner;\n- (c) a senior executive officer;\n- (d) another person qualified for appointment as the chairperson.","sortOrder":378},{"sectionNumber":"sec.179","sectionType":"section","heading":"Who may be present at closed hearings","content":"### sec.179 Who may be present at closed hearings\n\nThe presiding officer conducting a closed hearing may give a direction about who may be present at the hearing.\nA person must not knowingly contravene a direction under subsection (1) .\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nIn this section—\nhearing includes part of a hearing.\n(sec.179-ssec.1) The presiding officer conducting a closed hearing may give a direction about who may be present at the hearing.\n(sec.179-ssec.2) A person must not knowingly contravene a direction under subsection (1) . Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.179-ssec.3) In this section— hearing includes part of a hearing.","sortOrder":379},{"sectionNumber":"sec.180","sectionType":"section","heading":"Conduct of hearings","content":"### sec.180 Conduct of hearings\n\nWhen conducting a hearing, the presiding officer—\nmust act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before the presiding officer; and\nis not bound by the rules of evidence; and\nmay be informed of anything in the way the presiding officer considers appropriate; and\nmay decide the procedures to be followed for the hearing.\nThe presiding officer or a person nominated by the presiding officer for the purpose may administer an oath, or take a statutory declaration, required by the presiding officer.\nThe presiding officer may, by order, prohibit the publication of—\nan answer given, or document or thing produced, at a commission hearing or anything about the answer, document or thing; or\ninformation that might enable the existence or identity of a person who is about to give or has given evidence before the commission at a hearing to be ascertained.\nThe presiding officer is taken, for the purposes of the hearing, to be the commission.\ns 180 amd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.180-ssec.1) When conducting a hearing, the presiding officer— must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before the presiding officer; and is not bound by the rules of evidence; and may be informed of anything in the way the presiding officer considers appropriate; and may decide the procedures to be followed for the hearing.\n(sec.180-ssec.2) The presiding officer or a person nominated by the presiding officer for the purpose may administer an oath, or take a statutory declaration, required by the presiding officer.\n(sec.180-ssec.3) The presiding officer may, by order, prohibit the publication of— an answer given, or document or thing produced, at a commission hearing or anything about the answer, document or thing; or information that might enable the existence or identity of a person who is about to give or has given evidence before the commission at a hearing to be ascertained.\n(sec.180-ssec.4) The presiding officer is taken, for the purposes of the hearing, to be the commission.\n- (a) must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before the presiding officer; and\n- (b) is not bound by the rules of evidence; and\n- (c) may be informed of anything in the way the presiding officer considers appropriate; and\n- (d) may decide the procedures to be followed for the hearing.\n- (a) an answer given, or document or thing produced, at a commission hearing or anything about the answer, document or thing; or\n- (b) information that might enable the existence or identity of a person who is about to give or has given evidence before the commission at a hearing to be ascertained.","sortOrder":380},{"sectionNumber":"sec.181","sectionType":"section","heading":"Legal representation and examination","content":"### sec.181 Legal representation and examination\n\nA witness at a commission hearing may be legally represented at the hearing.\nA witness may be examined, cross-examined or re-examined on any matter the presiding officer considers relevant by—\nthe presiding officer; or\ncounsel assisting the commission at the hearing; or\na person authorised by the presiding officer; or\na lawyer representing the witness.\nThe presiding officer may allow a person who is not giving sworn evidence at the hearing to be legally represented at the hearing if the presiding officer considers there are special circumstances.\n(sec.181-ssec.1) A witness at a commission hearing may be legally represented at the hearing.\n(sec.181-ssec.2) A witness may be examined, cross-examined or re-examined on any matter the presiding officer considers relevant by— the presiding officer; or counsel assisting the commission at the hearing; or a person authorised by the presiding officer; or a lawyer representing the witness.\n(sec.181-ssec.3) The presiding officer may allow a person who is not giving sworn evidence at the hearing to be legally represented at the hearing if the presiding officer considers there are special circumstances.\n- (a) the presiding officer; or\n- (b) counsel assisting the commission at the hearing; or\n- (c) a person authorised by the presiding officer; or\n- (d) a lawyer representing the witness.","sortOrder":381},{"sectionNumber":"sec.182","sectionType":"section","heading":"Right to interpreter","content":"### sec.182 Right to interpreter\n\nThis section applies if the presiding officer at a commission hearing reasonably suspects a witness is unable, because of inadequate knowledge of the English language or a physical disability, to understand what is being said or to speak with reasonable fluency in English.\nBefore the witness is questioned, the presiding officer must arrange for the presence of an interpreter and delay the questioning until the interpreter is present.\n(sec.182-ssec.1) This section applies if the presiding officer at a commission hearing reasonably suspects a witness is unable, because of inadequate knowledge of the English language or a physical disability, to understand what is being said or to speak with reasonable fluency in English.\n(sec.182-ssec.2) Before the witness is questioned, the presiding officer must arrange for the presence of an interpreter and delay the questioning until the interpreter is present.","sortOrder":382},{"sectionNumber":"sec.182A","sectionType":"section","heading":"Use of audiovisual link or audio link for remote attendance","content":"### sec.182A Use of audiovisual link or audio link for remote attendance\n\nThis section applies to a person who is required to attend a commission hearing under an attendance notice other than an attendance notice requiring immediate attendance at a commission hearing.\nThe person may attend the hearing by an audiovisual link or audio link if the presiding officer is satisfied the requirements in subsection (3) are met.\nThe requirements are—\nthe person agrees to attend by an audiovisual link or audio link; and\nif the person’s lawyer is present at the place where the presiding officer is presiding—both that place and the place where the person is located have facilities that will allow private communication between the person and the person’s lawyer; and\nit is appropriate for the person to attend the hearing by an audiovisual link or audio link.\nIn deciding whether the requirement mentioned in subsection (3) (c) is met, the presiding officer may have regard to—\nthe nature of the hearing and the importance of the hearing for the investigation to which it relates; and\nthe ability of the person to comprehend and effectively participate in the hearing; and\nwhether the person is represented by a lawyer or has received legal advice about attendance by an audiovisual link or audio link; and\nthe desirability of attendance by an audiovisual link rather than an audio link, if an audiovisual link is available.\nSubsection (6) applies if the person’s lawyer is present at the place where the presiding officer is presiding.\nA communication between the person and the person’s lawyer is as confidential and as inadmissible in any proceeding as the communication would be if it took place between the person and the person’s lawyer while in each other’s presence.\nSubsection (6) does not limit any other protection applying to the communication.\nSection 60 does not apply to a communication that is confidential under subsection (6) or a recording of such a communication.\nProvisions of this Act applying to a hearing apply with necessary changes in relation to a hearing under this section.\nIn this section—\naudio link means facilities, including a telephone, that enable reasonably contemporaneous and continuous audio communication between persons at different places.\naudiovisual link —\nmeans facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places; and\nincludes videoconferencing.\ns 182A ins 2024 No. 41 s 22\n(sec.182A-ssec.1) This section applies to a person who is required to attend a commission hearing under an attendance notice other than an attendance notice requiring immediate attendance at a commission hearing.\n(sec.182A-ssec.2) The person may attend the hearing by an audiovisual link or audio link if the presiding officer is satisfied the requirements in subsection (3) are met.\n(sec.182A-ssec.3) The requirements are— the person agrees to attend by an audiovisual link or audio link; and if the person’s lawyer is present at the place where the presiding officer is presiding—both that place and the place where the person is located have facilities that will allow private communication between the person and the person’s lawyer; and it is appropriate for the person to attend the hearing by an audiovisual link or audio link.\n(sec.182A-ssec.4) In deciding whether the requirement mentioned in subsection (3) (c) is met, the presiding officer may have regard to— the nature of the hearing and the importance of the hearing for the investigation to which it relates; and the ability of the person to comprehend and effectively participate in the hearing; and whether the person is represented by a lawyer or has received legal advice about attendance by an audiovisual link or audio link; and the desirability of attendance by an audiovisual link rather than an audio link, if an audiovisual link is available.\n(sec.182A-ssec.5) Subsection (6) applies if the person’s lawyer is present at the place where the presiding officer is presiding.\n(sec.182A-ssec.6) A communication between the person and the person’s lawyer is as confidential and as inadmissible in any proceeding as the communication would be if it took place between the person and the person’s lawyer while in each other’s presence.\n(sec.182A-ssec.7) Subsection (6) does not limit any other protection applying to the communication.\n(sec.182A-ssec.8) Section 60 does not apply to a communication that is confidential under subsection (6) or a recording of such a communication.\n(sec.182A-ssec.9) Provisions of this Act applying to a hearing apply with necessary changes in relation to a hearing under this section.\n(sec.182A-ssec.10) In this section— audio link means facilities, including a telephone, that enable reasonably contemporaneous and continuous audio communication between persons at different places. audiovisual link — means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places; and includes videoconferencing.\n- (a) the person agrees to attend by an audiovisual link or audio link; and\n- (b) if the person’s lawyer is present at the place where the presiding officer is presiding—both that place and the place where the person is located have facilities that will allow private communication between the person and the person’s lawyer; and\n- (c) it is appropriate for the person to attend the hearing by an audiovisual link or audio link.\n- (a) the nature of the hearing and the importance of the hearing for the investigation to which it relates; and\n- (b) the ability of the person to comprehend and effectively participate in the hearing; and\n- (c) whether the person is represented by a lawyer or has received legal advice about attendance by an audiovisual link or audio link; and\n- (d) the desirability of attendance by an audiovisual link rather than an audio link, if an audiovisual link is available.\n- (a) means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places; and\n- (b) includes videoconferencing.","sortOrder":383},{"sectionNumber":"sec.182B","sectionType":"section","heading":"Return of sealed documents or things for decision on claim of reasonable excuse at hearing—return to person","content":"### sec.182B Return of sealed documents or things for decision on claim of reasonable excuse at hearing—return to person\n\nThis section applies if—\na person has given a commission officer a sealed document or thing; and\nthe commission has given the person a notice to attend a hearing to produce the sealed document or thing.\nThe commission must return the sealed document or thing to the person at the hearing before the person is required at the hearing to produce the sealed document or thing.\ns 182B ins 2024 No. 41 s 22\n(sec.182B-ssec.1) This section applies if— a person has given a commission officer a sealed document or thing; and the commission has given the person a notice to attend a hearing to produce the sealed document or thing.\n(sec.182B-ssec.2) The commission must return the sealed document or thing to the person at the hearing before the person is required at the hearing to produce the sealed document or thing.\n- (a) a person has given a commission officer a sealed document or thing; and\n- (b) the commission has given the person a notice to attend a hearing to produce the sealed document or thing.","sortOrder":384},{"sectionNumber":"sec.182C","sectionType":"section","heading":"Return of sealed documents or things for decision on claim of reasonable excuse at hearing—return to another person","content":"### sec.182C Return of sealed documents or things for decision on claim of reasonable excuse at hearing—return to another person\n\nThis section applies if—\na person has given the commission a sealed document or thing; and\nthe commission has given another person a notice to attend a hearing to produce the sealed document or thing.\nThe commission must give the sealed document or thing to the other person before the other person is required at the hearing to produce the sealed document or thing.\nA lawyer has given the commission a sealed document or thing on behalf of a person. The commission gives the person a notice to attend a hearing to produce the sealed document or thing. The commission must give the sealed document or thing to the person before the person is required at the hearing to produce the sealed document or thing.\ns 182C ins 2024 No. 41 s 22\n(sec.182C-ssec.1) This section applies if— a person has given the commission a sealed document or thing; and the commission has given another person a notice to attend a hearing to produce the sealed document or thing.\n(sec.182C-ssec.2) The commission must give the sealed document or thing to the other person before the other person is required at the hearing to produce the sealed document or thing. A lawyer has given the commission a sealed document or thing on behalf of a person. The commission gives the person a notice to attend a hearing to produce the sealed document or thing. The commission must give the sealed document or thing to the person before the person is required at the hearing to produce the sealed document or thing.\n- (a) a person has given the commission a sealed document or thing; and\n- (b) the commission has given another person a notice to attend a hearing to produce the sealed document or thing.","sortOrder":385},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Refusals and restrictions on use","content":"# Refusals and restrictions on use","sortOrder":386},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Refusal to be sworn","content":"## Refusal to be sworn","sortOrder":387},{"sectionNumber":"sec.183","sectionType":"section","heading":"Refusal to take oath","content":"### sec.183 Refusal to take oath\n\nA person attending at a commission hearing to give sworn evidence must not fail to take an oath when required by the presiding officer.\nMaximum penalty—200 penalty units or 5 years imprisonment.\nAn offence against subsection (1) is a misdemeanour.\ns 183 amd 2013 No. 64 s 32 ; 2024 No. 41 s 24\n(sec.183-ssec.1) A person attending at a commission hearing to give sworn evidence must not fail to take an oath when required by the presiding officer. Maximum penalty—200 penalty units or 5 years imprisonment.\n(sec.183-ssec.2) An offence against subsection (1) is a misdemeanour.","sortOrder":388},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Refusal to produce","content":"## Refusal to produce","sortOrder":389},{"sectionNumber":"sec.184","sectionType":"section","heading":"Application of division","content":"### sec.184 Application of division\n\nThis division applies for the following—\na crime investigation;\na specific intelligence operation (crime);\na corruption investigation;\na specific intelligence operation (corruption).\ns 184 sub 2006 No. 41 s 11\namd 2013 No. 45 s 20\nsub 2024 No. 41 s 25\n- (a) a crime investigation;\n- (b) a specific intelligence operation (crime);\n- (c) a corruption investigation;\n- (d) a specific intelligence operation (corruption).","sortOrder":390},{"sectionNumber":"sec.185","sectionType":"section","heading":"Refusal to produce document or thing","content":"### sec.185 Refusal to produce document or thing\n\nA person required to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) must—\nif the document or thing is in the person’s possession, bring the document or thing to the hearing, regardless of whether the person has a reasonable excuse for paragraph (b) ; and\nproduce the document or thing at the hearing unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units or 5 years imprisonment.\nIf a claim of reasonable excuse is made, the claim is dealt with under chapter 4A .\nAn offence against subsection (1) is a misdemeanour.\nIt is not a reasonable excuse for subsection (1) that complying with the notice or requirement might tend to incriminate the person.\nIf a claim of self-incrimination privilege is made, the claim is dealt with under chapter 4A .\ns 185 amd 2006 No. 41 s 12 ; 2013 No. 45 s 21 ; 2013 No. 64 s 33 ; 2016 No. 62 s 46\nsub 2024 No. 41 s 25\n(sec.185-ssec.1) A person required to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) must— if the document or thing is in the person’s possession, bring the document or thing to the hearing, regardless of whether the person has a reasonable excuse for paragraph (b) ; and produce the document or thing at the hearing unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 5 years imprisonment. If a claim of reasonable excuse is made, the claim is dealt with under chapter 4A .\n(sec.185-ssec.2) An offence against subsection (1) is a misdemeanour.\n(sec.185-ssec.3) It is not a reasonable excuse for subsection (1) that complying with the notice or requirement might tend to incriminate the person. If a claim of self-incrimination privilege is made, the claim is dealt with under chapter 4A .\n- (a) if the document or thing is in the person’s possession, bring the document or thing to the hearing, regardless of whether the person has a reasonable excuse for paragraph (b) ; and\n- (b) produce the document or thing at the hearing unless the person has a reasonable excuse.","sortOrder":391},{"sectionNumber":"sec.186","sectionType":"section","heading":"Claim of reasonable excuse","content":"### sec.186 Claim of reasonable excuse\n\nA person does not commit an offence against section 185 (1) if the person has made a claim of reasonable excuse and 1 of the following applies—\nthe commission withdraws the requirement the subject of the attendance notice or immediate production requirement (hearing);\nthe commission is ordered by the Supreme Court to withdraw the requirement the subject of the attendance notice or immediate production requirement (hearing).\ns 186 amd 2002 No. 68 s 283 sch 3\nsub 2024 No. 41 s 25\n- (a) the commission withdraws the requirement the subject of the attendance notice or immediate production requirement (hearing);\n- (b) the commission is ordered by the Supreme Court to withdraw the requirement the subject of the attendance notice or immediate production requirement (hearing).","sortOrder":392},{"sectionNumber":"sec.187","sectionType":"section","heading":"Waiver of claim of legal professional privilege","content":"### sec.187 Waiver of claim of legal professional privilege\n\nA claim of legal professional privilege is not a reasonable excuse for a person for an offence against section 185 (1) if—\nthe person has authority to waive the privilege and waives it; or\nthe privilege is waived by a person having authority to waive it.\nSee chapter 4A , part 5 for the procedure for a claim of legal professional privilege by a person where the person has no authority to waive the privilege.\ns 187 amd 2009 No. 48 s 131 ; 2014 No. 21 s 94 (1) sch 1\nsub 2024 No. 41 s 25\n- (a) the person has authority to waive the privilege and waives it; or\n- (b) the privilege is waived by a person having authority to waive it.","sortOrder":393},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Refusal to answer","content":"## Refusal to answer","sortOrder":394},{"sectionNumber":"sec.188","sectionType":"section","heading":"Application of division","content":"### sec.188 Application of division\n\nThis division applies for the following—\na crime investigation;\na specific intelligence operation (crime);\na corruption investigation;\na specific intelligence operation (corruption).\ns 188 amd 2002 No. 68 s 283 sch 3 ; 2006 No. 41 s 13 ; 2013 No. 64 s 34\nsub 2024 No. 41 s 25\n- (a) a crime investigation;\n- (b) a specific intelligence operation (crime);\n- (c) a corruption investigation;\n- (d) a specific intelligence operation (corruption).","sortOrder":395},{"sectionNumber":"sec.189","sectionType":"section","heading":"Refusal to answer question","content":"### sec.189 Refusal to answer question\n\nA witness at a commission hearing must answer a question, including a question about a claim of reasonable excuse made at the hearing, put to the person at the hearing by the presiding officer unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units or 5 years imprisonment.\nAn offence against subsection (1) is a misdemeanour.\nIt is not a reasonable excuse for subsection (1) that answering the question might tend to incriminate the person.\nIf a claim of self-incrimination privilege is made, the claim is dealt with under chapter 4A .\nA person commits an offence under subsection (1) if the person remains silent.\ns 189 sub 2006 No. 41 s 14\namd 2013 No. 45 s 23\nsub 2024 No. 41 s 25\n(sec.189-ssec.1) A witness at a commission hearing must answer a question, including a question about a claim of reasonable excuse made at the hearing, put to the person at the hearing by the presiding officer unless the person has a reasonable excuse. Maximum penalty—200 penalty units or 5 years imprisonment.\n(sec.189-ssec.2) An offence against subsection (1) is a misdemeanour.\n(sec.189-ssec.3) It is not a reasonable excuse for subsection (1) that answering the question might tend to incriminate the person. If a claim of self-incrimination privilege is made, the claim is dealt with under chapter 4A .\n(sec.189-ssec.4) A person commits an offence under subsection (1) if the person remains silent.","sortOrder":396},{"sectionNumber":"sec.190","sectionType":"section","heading":"Claim of reasonable excuse","content":"### sec.190 Claim of reasonable excuse\n\nA person does not commit an offence against section 189 (1) if the person has made a claim of reasonable excuse and 1 of the following applies—\nthe commission withdraws the question;\nthe commission is ordered by the Supreme Court to withdraw the question.\ns 190 amd 2013 No. 45 s 24 ; 2013 No. 64 s 35 ; 2016 No. 62 s 47\nsub 2024 No. 41 s 25\n- (a) the commission withdraws the question;\n- (b) the commission is ordered by the Supreme Court to withdraw the question.","sortOrder":397},{"sectionNumber":"sec.191","sectionType":"section","heading":"Claim of legal professional privilege","content":"### sec.191 Claim of legal professional privilege\n\nA claim of legal professional privilege is not a reasonable excuse for a person for an offence against section 189 (1) if—\nthe person has authority to waive the privilege and waives it; or\nthe privilege is waived by a person having authority to waive it.\nSubsection (3) applies if—\na person mentioned in section 189 (1) refuses to answer a question on the ground the answer to the question would disclose a communication to which legal professional privilege attaches; and\nthe person has no authority to waive the privilege.\nThe person must, if required by the presiding officer, tell the officer the name and address of the person to whom or by whom the communication was made.\nMaximum penalty—200 penalty units or 5 years imprisonment.\nAn offence against subsection (3) is a misdemeanour.\ns 191 amd 2009 No. 48 s 131 ; 2014 No. 21 s 94 (1) sch 1\nsub 2024 No. 41 s 25\n(sec.191-ssec.1) A claim of legal professional privilege is not a reasonable excuse for a person for an offence against section 189 (1) if— the person has authority to waive the privilege and waives it; or the privilege is waived by a person having authority to waive it.\n(sec.191-ssec.2) Subsection (3) applies if— a person mentioned in section 189 (1) refuses to answer a question on the ground the answer to the question would disclose a communication to which legal professional privilege attaches; and the person has no authority to waive the privilege.\n(sec.191-ssec.3) The person must, if required by the presiding officer, tell the officer the name and address of the person to whom or by whom the communication was made. Maximum penalty—200 penalty units or 5 years imprisonment.\n(sec.191-ssec.4) An offence against subsection (3) is a misdemeanour.\n- (a) the person has authority to waive the privilege and waives it; or\n- (b) the privilege is waived by a person having authority to waive it.\n- (a) a person mentioned in section 189 (1) refuses to answer a question on the ground the answer to the question would disclose a communication to which legal professional privilege attaches; and\n- (b) the person has no authority to waive the privilege.","sortOrder":398},{"sectionNumber":"sec.192","sectionType":"section","heading":null,"content":"### Section sec.192\n\ns 192 amd 2008 No. 50 s 11 ; 2013 No. 64 s 36\nom 2024 No. 41 s 25","sortOrder":399},{"sectionNumber":"sec.193","sectionType":"section","heading":null,"content":"### Section sec.193\n\ns 193 sub 2006 No. 41 s 15\namd 2013 No. 45 s 26\nom 2024 No. 41 s 25","sortOrder":400},{"sectionNumber":"sec.194","sectionType":"section","heading":null,"content":"### Section sec.194\n\ns 194 amd 2002 No. 68 s 283 sch 3 ; 2006 No. 41 s 16\nom 2024 No. 41 s 25","sortOrder":401},{"sectionNumber":"sec.195","sectionType":"section","heading":null,"content":"### Section sec.195\n\ns 195 amd 2013 No. 64 s 37\nom 2024 No. 41 s 25","sortOrder":402},{"sectionNumber":"sec.195A","sectionType":"section","heading":null,"content":"### Section sec.195A\n\ns 195A ins 2002 No. 68 s 299\namd 2009 No. 48 s 131\nom 2024 No. 41 s 25","sortOrder":403},{"sectionNumber":"sec.195B","sectionType":"section","heading":null,"content":"### Section sec.195B\n\ns 195B ins 2002 No. 68 s 299\namd 2006 No. 41 s 17 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\nom 2024 No. 41 s 25","sortOrder":404},{"sectionNumber":"sec.196","sectionType":"section","heading":null,"content":"### Section sec.196\n\ns 196 amd 2002 No. 68 s 283 sch 3 ; 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\nom 2024 No. 41 s 25","sortOrder":405},{"sectionNumber":"ch.4-pt.2-div.5","sectionType":"division","heading":"Restrictions on use","content":"## Restrictions on use","sortOrder":406},{"sectionNumber":"sec.197","sectionType":"section","heading":"Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion","content":"### sec.197 Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion\n\nThis section applies if—\nbefore an individual answers a question put to the individual by the commission or a commission officer or produces a document or thing or a written statement of information to the commission or a commission officer, the individual claims self-incrimination privilege in relation to the answer or production; and\napart from this Act, the individual would not be required to answer the question or produce the document, thing or statement in a proceeding if the individual claimed self-incrimination privilege in relation to the answer or production; and\nthe individual is required to answer the question or produce the document, thing or statement; and\nfor a document or thing produced—the document or thing is produced other than in the context of a corruption investigation.\nThe answer, document, thing or statement given or produced is not admissible in evidence against the individual in any civil, criminal or administrative proceeding.\nHowever, the answer, document, thing or statement is admissible in a civil, criminal or administrative proceeding—\nwith the individual’s consent; or\nif the proceeding is about—\nthe falsity or misleading nature of an answer, document, thing or statement mentioned in subsection (1) and given or produced by the individual; or\nan offence against this Act; or\na contempt of a person conducting the hearing; or\nif the proceeding is a proceeding, other than a proceeding for the prosecution of an offence, under the Confiscation Act and the answer, document, thing or statement is admissible under section 265 of that Act.\nAlso, the document is admissible in a civil proceeding about a right or liability conferred or imposed by the document.\nIn a commission hearing, the presiding officer may order that all answers or a class of answer given by an individual or that all documents or things or a class of document or thing produced by an individual is to be regarded as having been given or produced on objection by the individual.\nIf the presiding officer makes an order under subsection (5) , the individual is taken to have objected to the giving of each answer, or to the producing of each document or thing, the subject of the order.\nSubsection (2) does not prevent any information, document or other thing obtained as a direct or indirect consequence of the individual giving or producing the answer, document, thing or statement from being admissible in evidence against the individual in a civil, criminal or administrative proceeding.\ns 197 amd 2002 No. 68 s 283 sch 3 ; 2006 No. 41 s 18 ; 2013 No. 45 s 27 ; 2013 No. 64 s 38 ; 2018 No. 29 s 18 ; 2024 No. 41 s 26\n(sec.197-ssec.1) This section applies if— before an individual answers a question put to the individual by the commission or a commission officer or produces a document or thing or a written statement of information to the commission or a commission officer, the individual claims self-incrimination privilege in relation to the answer or production; and apart from this Act, the individual would not be required to answer the question or produce the document, thing or statement in a proceeding if the individual claimed self-incrimination privilege in relation to the answer or production; and the individual is required to answer the question or produce the document, thing or statement; and for a document or thing produced—the document or thing is produced other than in the context of a corruption investigation.\n(sec.197-ssec.2) The answer, document, thing or statement given or produced is not admissible in evidence against the individual in any civil, criminal or administrative proceeding.\n(sec.197-ssec.3) However, the answer, document, thing or statement is admissible in a civil, criminal or administrative proceeding— with the individual’s consent; or if the proceeding is about— the falsity or misleading nature of an answer, document, thing or statement mentioned in subsection (1) and given or produced by the individual; or an offence against this Act; or a contempt of a person conducting the hearing; or if the proceeding is a proceeding, other than a proceeding for the prosecution of an offence, under the Confiscation Act and the answer, document, thing or statement is admissible under section 265 of that Act.\n(sec.197-ssec.4) Also, the document is admissible in a civil proceeding about a right or liability conferred or imposed by the document.\n(sec.197-ssec.5) In a commission hearing, the presiding officer may order that all answers or a class of answer given by an individual or that all documents or things or a class of document or thing produced by an individual is to be regarded as having been given or produced on objection by the individual.\n(sec.197-ssec.6) If the presiding officer makes an order under subsection (5) , the individual is taken to have objected to the giving of each answer, or to the producing of each document or thing, the subject of the order.\n(sec.197-ssec.7) Subsection (2) does not prevent any information, document or other thing obtained as a direct or indirect consequence of the individual giving or producing the answer, document, thing or statement from being admissible in evidence against the individual in a civil, criminal or administrative proceeding.\n- (a) before an individual answers a question put to the individual by the commission or a commission officer or produces a document or thing or a written statement of information to the commission or a commission officer, the individual claims self-incrimination privilege in relation to the answer or production; and\n- (b) apart from this Act, the individual would not be required to answer the question or produce the document, thing or statement in a proceeding if the individual claimed self-incrimination privilege in relation to the answer or production; and\n- (c) the individual is required to answer the question or produce the document, thing or statement; and\n- (d) for a document or thing produced—the document or thing is produced other than in the context of a corruption investigation.\n- (a) with the individual’s consent; or\n- (b) if the proceeding is about— (i) the falsity or misleading nature of an answer, document, thing or statement mentioned in subsection (1) and given or produced by the individual; or (ii) an offence against this Act; or (iii) a contempt of a person conducting the hearing; or\n- (i) the falsity or misleading nature of an answer, document, thing or statement mentioned in subsection (1) and given or produced by the individual; or\n- (ii) an offence against this Act; or\n- (iii) a contempt of a person conducting the hearing; or\n- (c) if the proceeding is a proceeding, other than a proceeding for the prosecution of an offence, under the Confiscation Act and the answer, document, thing or statement is admissible under section 265 of that Act.\n- (i) the falsity or misleading nature of an answer, document, thing or statement mentioned in subsection (1) and given or produced by the individual; or\n- (ii) an offence against this Act; or\n- (iii) a contempt of a person conducting the hearing; or","sortOrder":407},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Contempt","content":"# Contempt","sortOrder":408},{"sectionNumber":"sec.198","sectionType":"section","heading":"Contempt of person conducting commission hearing","content":"### sec.198 Contempt of person conducting commission hearing\n\nA person is in contempt of the presiding officer conducting a commission hearing if the person—\ninsults the member while the member is conducting the hearing; or\ndeliberately interrupts the hearing; or\nat the hearing, contravenes a provision of this Act relating to the hearing; or\ncreates or continues or joins in creating or continuing, a disturbance in or near a place where the presiding officer is conducting the hearing; or\ndoes anything at the hearing or otherwise that would be contempt of court if the presiding officer were a judge acting judicially.\nThe presiding officer may order that a person who under subsection (1) is in contempt of the commission at a hearing be excluded from the place where the hearing is being conducted.\nA commission officer, acting under the presiding officer’s order, may, using necessary and reasonable help and force, exclude the person from the place.\nTo remove any doubt, it is declared that the following contraventions relating to a hearing may be certified in writing to the Supreme Court under section 199 as a contempt of the presiding officer—\na failure by a person, under section 183 , to take an oath when required by the presiding officer;\na failure by a person, under section 185 , to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) without reasonable excuse;\na failure by a person, under section 189 , to answer a question put to the person at the hearing by the presiding officer without reasonable or lawful excuse.\ns 198 amd 2013 No. 45 s 28 ; 2013 No. 64 s 39 ; 2024 No. 41 s 27\n(sec.198-ssec.1) A person is in contempt of the presiding officer conducting a commission hearing if the person— insults the member while the member is conducting the hearing; or deliberately interrupts the hearing; or at the hearing, contravenes a provision of this Act relating to the hearing; or creates or continues or joins in creating or continuing, a disturbance in or near a place where the presiding officer is conducting the hearing; or does anything at the hearing or otherwise that would be contempt of court if the presiding officer were a judge acting judicially.\n(sec.198-ssec.2) The presiding officer may order that a person who under subsection (1) is in contempt of the commission at a hearing be excluded from the place where the hearing is being conducted.\n(sec.198-ssec.3) A commission officer, acting under the presiding officer’s order, may, using necessary and reasonable help and force, exclude the person from the place.\n(sec.198-ssec.4) To remove any doubt, it is declared that the following contraventions relating to a hearing may be certified in writing to the Supreme Court under section 199 as a contempt of the presiding officer— a failure by a person, under section 183 , to take an oath when required by the presiding officer; a failure by a person, under section 185 , to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) without reasonable excuse; a failure by a person, under section 189 , to answer a question put to the person at the hearing by the presiding officer without reasonable or lawful excuse.\n- (a) insults the member while the member is conducting the hearing; or\n- (b) deliberately interrupts the hearing; or\n- (c) at the hearing, contravenes a provision of this Act relating to the hearing; or\n- (d) creates or continues or joins in creating or continuing, a disturbance in or near a place where the presiding officer is conducting the hearing; or\n- (e) does anything at the hearing or otherwise that would be contempt of court if the presiding officer were a judge acting judicially.\n- (a) a failure by a person, under section 183 , to take an oath when required by the presiding officer;\n- (b) a failure by a person, under section 185 , to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) without reasonable excuse;\n- (c) a failure by a person, under section 189 , to answer a question put to the person at the hearing by the presiding officer without reasonable or lawful excuse.","sortOrder":409},{"sectionNumber":"sec.198A","sectionType":"section","heading":"Person in contempt may be detained","content":"### sec.198A Person in contempt may be detained\n\nIf the presiding officer expresses an intention at the hearing to certify the contempt in writing to the Supreme Court, the presiding officer may, during the hearing, direct a police officer to detain the person for the purpose of bringing the person before the Supreme Court to be dealt with according to law.\nIf the person is detained under subsection (1) , the person must be brought before the court as soon as practicable.\ns 198A ins 2013 No. 45 s 29\n(sec.198A-ssec.1) If the presiding officer expresses an intention at the hearing to certify the contempt in writing to the Supreme Court, the presiding officer may, during the hearing, direct a police officer to detain the person for the purpose of bringing the person before the Supreme Court to be dealt with according to law.\n(sec.198A-ssec.2) If the person is detained under subsection (1) , the person must be brought before the court as soon as practicable.","sortOrder":410},{"sectionNumber":"sec.199","sectionType":"section","heading":"Punishment of contempt","content":"### sec.199 Punishment of contempt\n\nA person’s contempt of the presiding officer conducting a commission hearing may be punished under this section.\nThe presiding officer may certify the contempt in writing to the Supreme Court (the court ).\nFor subsection (2) , it is enough for the presiding officer to be satisfied that there is evidence of contempt.\nThe presiding officer may issue a warrant directed to a police officer or all police officers for the apprehension of the person to be brought before the Supreme Court to be dealt with according to law.\nThe Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence.\nThe court must inquire into the alleged contempt.\nThe court must hear—\nwitnesses and evidence that may be produced against or for the person whose contempt was certified; and\nany statement given by the person in defence.\nIf the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in relation to proceedings in the court.\nHowever, the court must punish the person in contempt by imprisonment if—\nthe contempt that is certified is—\na failure by a person, under section 183 , to take an oath when required by the presiding officer; or\na failure by a person, under section 185 , to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) without reasonable excuse; or\na failure by a person, under section 189 , to answer a question put to the person at the hearing by the presiding officer without reasonable or lawful excuse; and\nthe court is satisfied the person has committed the contempt.\nThe maximum punishment the court may impose for a contempt mentioned in subsection (8A) is—\nfor the person’s first contempt—10 years imprisonment; or\nfor the person’s second contempt—14 years imprisonment; or\nfor the person’s third or subsequent contempt—life imprisonment.\nFor subsection (8B) —\ndespite any other law, a term of imprisonment imposed under subsection (8B) must be ordered to be served wholly in a corrective services facility; and\nif a person is punished for more than 1 contempt, unless there are exceptional circumstances, the punishment for the second contempt or third or subsequent contempt must be for a term of imprisonment that is longer than the term of imprisonment imposed on the person for the immediately preceding contempt; and\nthe hearings mentioned in subsection (12) , definition second contempt , may be the same hearing; and\nthe hearings mentioned in subsection (12) , definition third or subsequent contempt , may be the same hearing; and\nthe failure by a person of a type mentioned in subsection (8A) that constitutes the person’s second contempt, or third or subsequent contempt, may be the same failure by the person of a type mentioned in subsection (8A) that constituted the person’s first contempt or other preceding contempt.\nA person punished by imprisonment under this section may be brought before the commission to ascertain whether the person wishes to purge the contempt.\nA person imprisoned under this section may be brought before the Supreme Court, on the person’s or the commission’s application, for a declaration that the person has purged the contempt.\nThe court may order the person’s discharge from prison before the end of the term—\nif it is satisfied that the person has purged the contempt; and\nit has heard the commission’s submissions in relation to the application and the person’s discharge from prison.\nThe Uniform Civil Procedure Rules 1999 apply to the court’s investigation, hearing and power to punish, with necessary changes.\nThe court’s hearing under this section is closed to the public.\nSee also section 200A in relation to the confidentiality of proceedings under this section.\nHowever, the court may permit a person to be present at the hearing in the interests of justice.\nThe presiding officer’s certificate of contempt is evidence of the matters contained in the certificate.\nThe person is not excused from attending before a commission hearing in obedience to an attendance notice only because the person is punished or liable to punishment under this section for contempt of the presiding officer.\nIn this section—\nfirst contempt , of a person, means a failure by the person of a type mentioned in subsection (8A) .\nsecond contempt , of a person, means a failure by the person of a type mentioned in subsection (8A) that takes place in relation to a hearing dealing with the same subject matter as that dealt with in the hearing in which the person’s first contempt was certified and for which the person has served a term of imprisonment imposed under subsection (8B) .\nthird or subsequent contempt , of a person, means a failure by the person of a type mentioned in subsection (8A) that takes place in relation to a hearing dealing with the same subject matter as that dealt with in the hearing in which the person’s first contempt or other preceding contempt was certified and for which the person has served a term of imprisonment imposed under subsection (8B) .\ns 199 amd 2013 No. 45 s 30 ; 2013 No. 64 s 40 ; 2016 No. 62 s 48 ; 2024 No. 41 s 28\n(sec.199-ssec.1) A person’s contempt of the presiding officer conducting a commission hearing may be punished under this section.\n(sec.199-ssec.2) The presiding officer may certify the contempt in writing to the Supreme Court (the court ).\n(sec.199-ssec.3) For subsection (2) , it is enough for the presiding officer to be satisfied that there is evidence of contempt.\n(sec.199-ssec.4) The presiding officer may issue a warrant directed to a police officer or all police officers for the apprehension of the person to be brought before the Supreme Court to be dealt with according to law.\n(sec.199-ssec.5) The Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence.\n(sec.199-ssec.6) The court must inquire into the alleged contempt.\n(sec.199-ssec.7) The court must hear— witnesses and evidence that may be produced against or for the person whose contempt was certified; and any statement given by the person in defence.\n(sec.199-ssec.8) If the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in relation to proceedings in the court.\n(sec.199-ssec.8A) However, the court must punish the person in contempt by imprisonment if— the contempt that is certified is— a failure by a person, under section 183 , to take an oath when required by the presiding officer; or a failure by a person, under section 185 , to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) without reasonable excuse; or a failure by a person, under section 189 , to answer a question put to the person at the hearing by the presiding officer without reasonable or lawful excuse; and the court is satisfied the person has committed the contempt.\n(sec.199-ssec.8B) The maximum punishment the court may impose for a contempt mentioned in subsection (8A) is— for the person’s first contempt—10 years imprisonment; or for the person’s second contempt—14 years imprisonment; or for the person’s third or subsequent contempt—life imprisonment.\n(sec.199-ssec.8C) For subsection (8B) — despite any other law, a term of imprisonment imposed under subsection (8B) must be ordered to be served wholly in a corrective services facility; and if a person is punished for more than 1 contempt, unless there are exceptional circumstances, the punishment for the second contempt or third or subsequent contempt must be for a term of imprisonment that is longer than the term of imprisonment imposed on the person for the immediately preceding contempt; and the hearings mentioned in subsection (12) , definition second contempt , may be the same hearing; and the hearings mentioned in subsection (12) , definition third or subsequent contempt , may be the same hearing; and the failure by a person of a type mentioned in subsection (8A) that constitutes the person’s second contempt, or third or subsequent contempt, may be the same failure by the person of a type mentioned in subsection (8A) that constituted the person’s first contempt or other preceding contempt.\n(sec.199-ssec.8D) A person punished by imprisonment under this section may be brought before the commission to ascertain whether the person wishes to purge the contempt.\n(sec.199-ssec.8E) A person imprisoned under this section may be brought before the Supreme Court, on the person’s or the commission’s application, for a declaration that the person has purged the contempt.\n(sec.199-ssec.8F) The court may order the person’s discharge from prison before the end of the term— if it is satisfied that the person has purged the contempt; and it has heard the commission’s submissions in relation to the application and the person’s discharge from prison.\n(sec.199-ssec.9) The Uniform Civil Procedure Rules 1999 apply to the court’s investigation, hearing and power to punish, with necessary changes.\n(sec.199-ssec.9A) The court’s hearing under this section is closed to the public. See also section 200A in relation to the confidentiality of proceedings under this section.\n(sec.199-ssec.9B) However, the court may permit a person to be present at the hearing in the interests of justice.\n(sec.199-ssec.10) The presiding officer’s certificate of contempt is evidence of the matters contained in the certificate.\n(sec.199-ssec.11) The person is not excused from attending before a commission hearing in obedience to an attendance notice only because the person is punished or liable to punishment under this section for contempt of the presiding officer.\n(sec.199-ssec.12) In this section— first contempt , of a person, means a failure by the person of a type mentioned in subsection (8A) . second contempt , of a person, means a failure by the person of a type mentioned in subsection (8A) that takes place in relation to a hearing dealing with the same subject matter as that dealt with in the hearing in which the person’s first contempt was certified and for which the person has served a term of imprisonment imposed under subsection (8B) . third or subsequent contempt , of a person, means a failure by the person of a type mentioned in subsection (8A) that takes place in relation to a hearing dealing with the same subject matter as that dealt with in the hearing in which the person’s first contempt or other preceding contempt was certified and for which the person has served a term of imprisonment imposed under subsection (8B) .\n- (a) witnesses and evidence that may be produced against or for the person whose contempt was certified; and\n- (b) any statement given by the person in defence.\n- (a) the contempt that is certified is— (i) a failure by a person, under section 183 , to take an oath when required by the presiding officer; or (ii) a failure by a person, under section 185 , to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) without reasonable excuse; or (iii) a failure by a person, under section 189 , to answer a question put to the person at the hearing by the presiding officer without reasonable or lawful excuse; and\n- (i) a failure by a person, under section 183 , to take an oath when required by the presiding officer; or\n- (ii) a failure by a person, under section 185 , to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) without reasonable excuse; or\n- (iii) a failure by a person, under section 189 , to answer a question put to the person at the hearing by the presiding officer without reasonable or lawful excuse; and\n- (b) the court is satisfied the person has committed the contempt.\n- (i) a failure by a person, under section 183 , to take an oath when required by the presiding officer; or\n- (ii) a failure by a person, under section 185 , to produce a document or thing at a commission hearing under an attendance notice or immediate production requirement (hearing) without reasonable excuse; or\n- (iii) a failure by a person, under section 189 , to answer a question put to the person at the hearing by the presiding officer without reasonable or lawful excuse; and\n- (a) for the person’s first contempt—10 years imprisonment; or\n- (b) for the person’s second contempt—14 years imprisonment; or\n- (c) for the person’s third or subsequent contempt—life imprisonment.\n- (a) despite any other law, a term of imprisonment imposed under subsection (8B) must be ordered to be served wholly in a corrective services facility; and\n- (b) if a person is punished for more than 1 contempt, unless there are exceptional circumstances, the punishment for the second contempt or third or subsequent contempt must be for a term of imprisonment that is longer than the term of imprisonment imposed on the person for the immediately preceding contempt; and\n- (c) the hearings mentioned in subsection (12) , definition second contempt , may be the same hearing; and\n- (d) the hearings mentioned in subsection (12) , definition third or subsequent contempt , may be the same hearing; and\n- (e) the failure by a person of a type mentioned in subsection (8A) that constitutes the person’s second contempt, or third or subsequent contempt, may be the same failure by the person of a type mentioned in subsection (8A) that constituted the person’s first contempt or other preceding contempt.\n- (a) if it is satisfied that the person has purged the contempt; and\n- (b) it has heard the commission’s submissions in relation to the application and the person’s discharge from prison.","sortOrder":411},{"sectionNumber":"sec.200","sectionType":"section","heading":"Conduct that is contempt and offence","content":"### sec.200 Conduct that is contempt and offence\n\nIf conduct of an offender is both contempt of the presiding officer conducting a commission hearing and an offence, the offender may be proceeded against for the contempt or for the offence, but the offender is not liable to be punished twice for the same conduct.\nIn this section—\noffender means a person guilty, or alleged to be guilty, of contempt of the presiding officer conducting a commission hearing.\n(sec.200-ssec.1) If conduct of an offender is both contempt of the presiding officer conducting a commission hearing and an offence, the offender may be proceeded against for the contempt or for the offence, but the offender is not liable to be punished twice for the same conduct.\n(sec.200-ssec.2) In this section— offender means a person guilty, or alleged to be guilty, of contempt of the presiding officer conducting a commission hearing.","sortOrder":412},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"General","content":"# General","sortOrder":413},{"sectionNumber":"sec.200A","sectionType":"section","heading":"Confidentiality of particular proceedings","content":"### sec.200A Confidentiality of particular proceedings\n\nThis section applies to the following (each the proceeding )—\na proceeding for contempt under section 199 ;\nan application under section 205ZH , 205ZJ or 205ZK ;\nan appeal against a decision in a proceeding mentioned in paragraph (a) or (b) .\nThe proceeding, or a hearing in the proceeding, must not be mentioned on a published court list.\ndaily law list\nIf a party to the proceeding files an application or supporting material for the proceeding, the application or material must be accompanied by a notice to the registrar stating the application or material—\nis filed for a proceeding mentioned in subsection (1) ; and\nis a document to which subsections (4) to (6) apply.\nNo record of proceedings is to be available for access by any person, unless the court has, on application by a person, given approval for the access.\nA person is not entitled to search information in the custody of a court in relation to the proceeding, unless the court otherwise orders in the interests of justice.\nSubsections (4) and (5) do not apply in relation to a party to the proceeding or a lawyer representing a party to the proceeding.\nNothing in this section prevents the publication of reasons for a decision in the proceeding if the publication does not identify—\na person; or\ninformation that may prejudice—\nan investigation being conducted by the commission; or\na specific intelligence operation being undertaken by the commission; or\nthe performance of another function of the commission.\nIn this section—\nrecord of proceedings includes—\na transcript of the proceeding (whether written or otherwise); and\ndocuments in the court file for the proceeding; and\nan appeal book in relation to the proceeding.\ns 200A ins 2013 No. 64 s 41\namd 2024 No. 41 s 29\n(sec.200A-ssec.1) This section applies to the following (each the proceeding )— a proceeding for contempt under section 199 ; an application under section 205ZH , 205ZJ or 205ZK ; an appeal against a decision in a proceeding mentioned in paragraph (a) or (b) .\n(sec.200A-ssec.2) The proceeding, or a hearing in the proceeding, must not be mentioned on a published court list. daily law list\n(sec.200A-ssec.3) If a party to the proceeding files an application or supporting material for the proceeding, the application or material must be accompanied by a notice to the registrar stating the application or material— is filed for a proceeding mentioned in subsection (1) ; and is a document to which subsections (4) to (6) apply.\n(sec.200A-ssec.4) No record of proceedings is to be available for access by any person, unless the court has, on application by a person, given approval for the access.\n(sec.200A-ssec.5) A person is not entitled to search information in the custody of a court in relation to the proceeding, unless the court otherwise orders in the interests of justice.\n(sec.200A-ssec.6) Subsections (4) and (5) do not apply in relation to a party to the proceeding or a lawyer representing a party to the proceeding.\n(sec.200A-ssec.7) Nothing in this section prevents the publication of reasons for a decision in the proceeding if the publication does not identify— a person; or information that may prejudice— an investigation being conducted by the commission; or a specific intelligence operation being undertaken by the commission; or the performance of another function of the commission.\n(sec.200A-ssec.8) In this section— record of proceedings includes— a transcript of the proceeding (whether written or otherwise); and documents in the court file for the proceeding; and an appeal book in relation to the proceeding.\n- (a) a proceeding for contempt under section 199 ;\n- (b) an application under section 205ZH , 205ZJ or 205ZK ;\n- (c) an appeal against a decision in a proceeding mentioned in paragraph (a) or (b) .\n- (a) is filed for a proceeding mentioned in subsection (1) ; and\n- (b) is a document to which subsections (4) to (6) apply.\n- (a) a person; or\n- (b) information that may prejudice— (i) an investigation being conducted by the commission; or (ii) a specific intelligence operation being undertaken by the commission; or (iii) the performance of another function of the commission.\n- (i) an investigation being conducted by the commission; or\n- (ii) a specific intelligence operation being undertaken by the commission; or\n- (iii) the performance of another function of the commission.\n- (i) an investigation being conducted by the commission; or\n- (ii) a specific intelligence operation being undertaken by the commission; or\n- (iii) the performance of another function of the commission.\n- (a) a transcript of the proceeding (whether written or otherwise); and\n- (b) documents in the court file for the proceeding; and\n- (c) an appeal book in relation to the proceeding.","sortOrder":414},{"sectionNumber":"sec.201","sectionType":"section","heading":"Commission must give evidence to defence unless court certifies otherwise","content":"### sec.201 Commission must give evidence to defence unless court certifies otherwise\n\nThis section applies if a person is charged with an offence before a court and anything stated at, or a document or thing produced at, a commission hearing (the evidence ) is relevant evidence for the defence against the charge.\nOn being asked by the defendant or the defendant’s lawyer, the commission must give the evidence to the defendant or the defendant’s lawyer unless the court makes an order under subsection (4) .\nA request under subsection (2) may generally identify evidence to be given to the defendant or defendant’s lawyer.\nOn application by an authorised commission officer, the court must order that the evidence not be given to the defendant or defendant’s lawyer if the court considers that it would be unfair to a person or contrary to the public interest to do so.\nEvidence given to a defendant or a defendant’s lawyer under subsection (2) may be used only for the defence to the charge.\nA person who uses the evidence as permitted under subsection (5) does not contravene section 202 .\ns 201 amd 2013 No. 45 s 31 ; 2016 No. 62 s 49\n(sec.201-ssec.1) This section applies if a person is charged with an offence before a court and anything stated at, or a document or thing produced at, a commission hearing (the evidence ) is relevant evidence for the defence against the charge.\n(sec.201-ssec.2) On being asked by the defendant or the defendant’s lawyer, the commission must give the evidence to the defendant or the defendant’s lawyer unless the court makes an order under subsection (4) .\n(sec.201-ssec.3) A request under subsection (2) may generally identify evidence to be given to the defendant or defendant’s lawyer.\n(sec.201-ssec.4) On application by an authorised commission officer, the court must order that the evidence not be given to the defendant or defendant’s lawyer if the court considers that it would be unfair to a person or contrary to the public interest to do so.\n(sec.201-ssec.5) Evidence given to a defendant or a defendant’s lawyer under subsection (2) may be used only for the defence to the charge.\n(sec.201-ssec.6) A person who uses the evidence as permitted under subsection (5) does not contravene section 202 .","sortOrder":415},{"sectionNumber":"sec.202","sectionType":"section","heading":"Disclosure of names, evidence etc.","content":"### sec.202 Disclosure of names, evidence etc.\n\nA person must not, without the commission’s written consent or contrary to the commission’s order, disclose to anyone else—\nan answer given, or document or thing produced, at a commission hearing, or anything about the answer, document or thing; or\ninformation that might enable the existence or identity of a person who is about to give or has given evidence before the commission ( witness ) at a hearing to be ascertained; or\ninformation that might enable the existence of a notice that is a confidential document under section 84 to be ascertained.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nA person does not contravene subsection (1) if any of the following applies to the disclosure—\nthe answer given, or document or thing produced, was given or produced at a public hearing and the disclosure is not contrary to the commission’s order;\nthe witness appeared at a public hearing and the disclosure is not contrary to the commission’s order;\nthe disclosure is made—\nfor the purpose of defending a charge of an offence and is relevant to the defence; and\nto a person charged with the offence or a lawyer representing a person charged with the offence;\nthe disclosure is made for the purpose of making a submission to the parliamentary committee about the conduct of the commission’s investigation;\nthe disclosure is made for the purposes of a disciplinary proceeding or to start a prosecution for an offence.\nAlso, a person does not contravene subsection (1) (b) if—\nthe person is the witness, or the disclosure is made with the witness’s implied or express consent; or\nthe information mentioned in the provision has been generally made known by the witness or by the commission.\nIn subsection (3) , a reference to a witness is a reference to a witness other than a witness who received a notice that is a confidential document under section 84 .\nFurther, a person does not contravene subsection (1) (c) if the person has a reasonable excuse.\nIt is a reasonable excuse for a person to disclose the existence of a notice that is a confidential document under section 84 if—\nthe disclosure is made for the purpose of—\nseeking legal advice in relation to the document or an offence against subsection (1) (c) ; or\nobtaining information in order to comply with the document; or\nmaking a complaint to the parliamentary committee about the document; or\nthe administration of this Act; and\nthe person informs the person to whom the disclosure is made that it may be an offence to disclose the existence of the document to anyone else.\nThe commission may apply to a Supreme Court judge for an order prohibiting a disclosure mentioned in subsection (2) (e) .\ns 202 amd 2009 No. 24 s 1402 ; 2024 No. 41 s 30\n(sec.202-ssec.1) A person must not, without the commission’s written consent or contrary to the commission’s order, disclose to anyone else— an answer given, or document or thing produced, at a commission hearing, or anything about the answer, document or thing; or information that might enable the existence or identity of a person who is about to give or has given evidence before the commission ( witness ) at a hearing to be ascertained; or information that might enable the existence of a notice that is a confidential document under section 84 to be ascertained. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.202-ssec.2) A person does not contravene subsection (1) if any of the following applies to the disclosure— the answer given, or document or thing produced, was given or produced at a public hearing and the disclosure is not contrary to the commission’s order; the witness appeared at a public hearing and the disclosure is not contrary to the commission’s order; the disclosure is made— for the purpose of defending a charge of an offence and is relevant to the defence; and to a person charged with the offence or a lawyer representing a person charged with the offence; the disclosure is made for the purpose of making a submission to the parliamentary committee about the conduct of the commission’s investigation; the disclosure is made for the purposes of a disciplinary proceeding or to start a prosecution for an offence.\n(sec.202-ssec.3) Also, a person does not contravene subsection (1) (b) if— the person is the witness, or the disclosure is made with the witness’s implied or express consent; or the information mentioned in the provision has been generally made known by the witness or by the commission.\n(sec.202-ssec.4) In subsection (3) , a reference to a witness is a reference to a witness other than a witness who received a notice that is a confidential document under section 84 .\n(sec.202-ssec.5) Further, a person does not contravene subsection (1) (c) if the person has a reasonable excuse.\n(sec.202-ssec.6) It is a reasonable excuse for a person to disclose the existence of a notice that is a confidential document under section 84 if— the disclosure is made for the purpose of— seeking legal advice in relation to the document or an offence against subsection (1) (c) ; or obtaining information in order to comply with the document; or making a complaint to the parliamentary committee about the document; or the administration of this Act; and the person informs the person to whom the disclosure is made that it may be an offence to disclose the existence of the document to anyone else.\n(sec.202-ssec.7) The commission may apply to a Supreme Court judge for an order prohibiting a disclosure mentioned in subsection (2) (e) .\n- (a) an answer given, or document or thing produced, at a commission hearing, or anything about the answer, document or thing; or\n- (b) information that might enable the existence or identity of a person who is about to give or has given evidence before the commission ( witness ) at a hearing to be ascertained; or\n- (c) information that might enable the existence of a notice that is a confidential document under section 84 to be ascertained.\n- (a) the answer given, or document or thing produced, was given or produced at a public hearing and the disclosure is not contrary to the commission’s order;\n- (b) the witness appeared at a public hearing and the disclosure is not contrary to the commission’s order;\n- (c) the disclosure is made— (i) for the purpose of defending a charge of an offence and is relevant to the defence; and (ii) to a person charged with the offence or a lawyer representing a person charged with the offence;\n- (i) for the purpose of defending a charge of an offence and is relevant to the defence; and\n- (ii) to a person charged with the offence or a lawyer representing a person charged with the offence;\n- (d) the disclosure is made for the purpose of making a submission to the parliamentary committee about the conduct of the commission’s investigation;\n- (e) the disclosure is made for the purposes of a disciplinary proceeding or to start a prosecution for an offence.\n- (i) for the purpose of defending a charge of an offence and is relevant to the defence; and\n- (ii) to a person charged with the offence or a lawyer representing a person charged with the offence;\n- (a) the person is the witness, or the disclosure is made with the witness’s implied or express consent; or\n- (b) the information mentioned in the provision has been generally made known by the witness or by the commission.\n- (a) the disclosure is made for the purpose of— (i) seeking legal advice in relation to the document or an offence against subsection (1) (c) ; or (ii) obtaining information in order to comply with the document; or (iii) making a complaint to the parliamentary committee about the document; or (iv) the administration of this Act; and\n- (i) seeking legal advice in relation to the document or an offence against subsection (1) (c) ; or\n- (ii) obtaining information in order to comply with the document; or\n- (iii) making a complaint to the parliamentary committee about the document; or\n- (iv) the administration of this Act; and\n- (b) the person informs the person to whom the disclosure is made that it may be an offence to disclose the existence of the document to anyone else.\n- (i) seeking legal advice in relation to the document or an offence against subsection (1) (c) ; or\n- (ii) obtaining information in order to comply with the document; or\n- (iii) making a complaint to the parliamentary committee about the document; or\n- (iv) the administration of this Act; and","sortOrder":416},{"sectionNumber":"sec.203","sectionType":"section","heading":"Protection of members, legal representatives and witnesses","content":"### sec.203 Protection of members, legal representatives and witnesses\n\nThe presiding officer of a commission hearing has, in the performance of the presiding officer’s duties for the hearing, the same protection and immunity as a Supreme Court judge.\nA lawyer or other person when appearing for someone at a commission hearing has the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court.\nA person required to attend or appearing at a commission hearing as a witness has the same protection as a witness in a proceeding in the Supreme Court.\nNo criminal or civil liability, other than liability under this Act, attaches to a person for compliance, or purported compliance in good faith, with a requirement made under this Act.\nIn particular, if a person produces a document or thing under a notice to discover or a notice to produce, no civil liability attaches to the person for producing the document or thing, whether the liability would arise under a contract or otherwise.\n(sec.203-ssec.1) The presiding officer of a commission hearing has, in the performance of the presiding officer’s duties for the hearing, the same protection and immunity as a Supreme Court judge.\n(sec.203-ssec.2) A lawyer or other person when appearing for someone at a commission hearing has the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court.\n(sec.203-ssec.3) A person required to attend or appearing at a commission hearing as a witness has the same protection as a witness in a proceeding in the Supreme Court.\n(sec.203-ssec.4) No criminal or civil liability, other than liability under this Act, attaches to a person for compliance, or purported compliance in good faith, with a requirement made under this Act.\n(sec.203-ssec.5) In particular, if a person produces a document or thing under a notice to discover or a notice to produce, no civil liability attaches to the person for producing the document or thing, whether the liability would arise under a contract or otherwise.","sortOrder":417},{"sectionNumber":"sec.204","sectionType":"section","heading":"Allowances for witness","content":"### sec.204 Allowances for witness\n\nA person attending a commission hearing under an attendance notice, or otherwise as a witness at the request of the commission, is entitled to be paid the allowances and expenses that would be payable to the person if the person were appearing as a witness in a hearing before a Magistrates Court.\nThe allowances and expenses are payable by the commission.\n(sec.204-ssec.1) A person attending a commission hearing under an attendance notice, or otherwise as a witness at the request of the commission, is entitled to be paid the allowances and expenses that would be payable to the person if the person were appearing as a witness in a hearing before a Magistrates Court.\n(sec.204-ssec.2) The allowances and expenses are payable by the commission.","sortOrder":418},{"sectionNumber":"sec.205","sectionType":"section","heading":"Legal assistance","content":"### sec.205 Legal assistance\n\nThis section applies to a person who—\nhas been given a notice to attend a commission hearing; or\nhas been given notice under section 205G (1) (b) , 205I (b) or 205T (b) in the context of—\na crime investigation; or\nan intelligence function; or\nthe witness protection function; or\nwishes to apply, or has applied, to the Supreme Court under section 205ZH or 205ZJ in the context of—\na crime investigation; or\nan intelligence function; or\nthe witness protection function.\nThe person may apply to the Attorney-General for financial help to enable the person to obtain legal services in connection with the hearing, written submissions or application.\nThe Attorney-General may approve the financial help if the Attorney-General considers—\na person may suffer substantial hardship if help is not given; or\nin the particular circumstances, help should be given.\nThe Attorney-General may decide the level of financial help and the conditions on which it is to be provided.\nThe cost of the financial help must be met by the commission.\nThe Attorney-General may delegate a function under subsection (3) or (4) to the chief executive (justice).\nThe chief executive (justice) may subdelegate the delegated function to an appropriately qualified employee of the department administered by the chief executive (justice).\nIn this section—\nchief executive (justice) means the chief executive of the department in which the Criminal Code is administered.\nfunction includes power.\ns 205 amd 2013 No. 45 s 32 ; 2016 No. 62 s 50 ; 2024 No. 41 s 31\n(sec.205-ssec.1) This section applies to a person who— has been given a notice to attend a commission hearing; or has been given notice under section 205G (1) (b) , 205I (b) or 205T (b) in the context of— a crime investigation; or an intelligence function; or the witness protection function; or wishes to apply, or has applied, to the Supreme Court under section 205ZH or 205ZJ in the context of— a crime investigation; or an intelligence function; or the witness protection function.\n(sec.205-ssec.2) The person may apply to the Attorney-General for financial help to enable the person to obtain legal services in connection with the hearing, written submissions or application.\n(sec.205-ssec.3) The Attorney-General may approve the financial help if the Attorney-General considers— a person may suffer substantial hardship if help is not given; or in the particular circumstances, help should be given.\n(sec.205-ssec.4) The Attorney-General may decide the level of financial help and the conditions on which it is to be provided.\n(sec.205-ssec.5) The cost of the financial help must be met by the commission.\n(sec.205-ssec.6) The Attorney-General may delegate a function under subsection (3) or (4) to the chief executive (justice).\n(sec.205-ssec.7) The chief executive (justice) may subdelegate the delegated function to an appropriately qualified employee of the department administered by the chief executive (justice).\n(sec.205-ssec.8) In this section— chief executive (justice) means the chief executive of the department in which the Criminal Code is administered. function includes power.\n- (a) has been given a notice to attend a commission hearing; or\n- (b) has been given notice under section 205G (1) (b) , 205I (b) or 205T (b) in the context of— (i) a crime investigation; or (ii) an intelligence function; or (iii) the witness protection function; or\n- (i) a crime investigation; or\n- (ii) an intelligence function; or\n- (iii) the witness protection function; or\n- (c) wishes to apply, or has applied, to the Supreme Court under section 205ZH or 205ZJ in the context of— (i) a crime investigation; or (ii) an intelligence function; or (iii) the witness protection function.\n- (i) a crime investigation; or\n- (ii) an intelligence function; or\n- (iii) the witness protection function.\n- (i) a crime investigation; or\n- (ii) an intelligence function; or\n- (iii) the witness protection function; or\n- (i) a crime investigation; or\n- (ii) an intelligence function; or\n- (iii) the witness protection function.\n- (a) a person may suffer substantial hardship if help is not given; or\n- (b) in the particular circumstances, help should be given.","sortOrder":419},{"sectionNumber":"ch.4A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":420},{"sectionNumber":"sec.205A","sectionType":"section","heading":"Definitions for chapter","content":"### sec.205A Definitions for chapter\n\nIn this chapter—\ninformant see section 205D (1) (c) .\njournalist see section 205C (1) .\njournalist privilege means the privilege established under section 205D .\nnews medium means a medium for the dissemination of news and observations on news to the public or a section of the public.\nprivilege see section 205B .\nrelevant person , for a journalist, means—\na current or previous employer of the journalist; or\na person who has engaged the journalist on a contract for services; or\na person who—\nis or has been involved in the publication of a news medium; and\nworks or has worked with the journalist in relation to publishing information in the news medium.\ns 205A ins 2024 No. 41 s 32\n- (a) a current or previous employer of the journalist; or\n- (b) a person who has engaged the journalist on a contract for services; or\n- (c) a person who— (i) is or has been involved in the publication of a news medium; and (ii) works or has worked with the journalist in relation to publishing information in the news medium.\n- (i) is or has been involved in the publication of a news medium; and\n- (ii) works or has worked with the journalist in relation to publishing information in the news medium.\n- (i) is or has been involved in the publication of a news medium; and\n- (ii) works or has worked with the journalist in relation to publishing information in the news medium.","sortOrder":421},{"sectionNumber":"sec.205B","sectionType":"section","heading":"Meaning of privilege","content":"### sec.205B Meaning of privilege\n\nPrivilege , in relation to an answer, information, communication, document or thing, means—\nparliamentary privilege; or\nlegal professional privilege; or\npublic interest immunity; or\na claim on the ground of confidentiality; or\nself-incrimination privilege; or\njournalist privilege.\ns 205B ins 2024 No. 41 s 32\n- (a) parliamentary privilege; or\n- (b) legal professional privilege; or\n- (c) public interest immunity; or\n- (d) a claim on the ground of confidentiality; or\n- (e) self-incrimination privilege; or\n- (f) journalist privilege.","sortOrder":422},{"sectionNumber":"sec.205C","sectionType":"section","heading":"Who is a journalist","content":"### sec.205C Who is a journalist\n\nA person is a journalist if the person is engaged and active in—\ngathering and assessing information about matters of public interest; and\npreparing the information, or providing comment or opinion on or analysis of the information, for publication in a news medium.\nIn deciding whether a person is a journalist, a deciding officer, presiding officer or the Supreme Court may consider the following matters—\nwhether the person is regularly engaged and active in the activities mentioned in subsection (1) ;\nwhether the person complies with a recognised professional standard or code of practice in carrying out the activities;\nwhether the publisher of the news medium complies with a recognised professional standard or code of practice in publishing information in the news medium;\nany other matter the officer or court considers relevant.\ns 205C ins 2024 No. 41 s 32\n(sec.205C-ssec.1) A person is a journalist if the person is engaged and active in— gathering and assessing information about matters of public interest; and preparing the information, or providing comment or opinion on or analysis of the information, for publication in a news medium.\n(sec.205C-ssec.2) In deciding whether a person is a journalist, a deciding officer, presiding officer or the Supreme Court may consider the following matters— whether the person is regularly engaged and active in the activities mentioned in subsection (1) ; whether the person complies with a recognised professional standard or code of practice in carrying out the activities; whether the publisher of the news medium complies with a recognised professional standard or code of practice in publishing information in the news medium; any other matter the officer or court considers relevant.\n- (a) gathering and assessing information about matters of public interest; and\n- (b) preparing the information, or providing comment or opinion on or analysis of the information, for publication in a news medium.\n- (a) whether the person is regularly engaged and active in the activities mentioned in subsection (1) ;\n- (b) whether the person complies with a recognised professional standard or code of practice in carrying out the activities;\n- (c) whether the publisher of the news medium complies with a recognised professional standard or code of practice in publishing information in the news medium;\n- (d) any other matter the officer or court considers relevant.","sortOrder":423},{"sectionNumber":"sec.205D","sectionType":"section","heading":"Journalist privilege relating to identity of informants","content":"### sec.205D Journalist privilege relating to identity of informants\n\nThis section applies if—\na person makes a claim of reasonable excuse based on journalist privilege for not complying with a requirement to—\nproduce a document, thing or information to the commission; or\nprovide information in answer to a question at a commission hearing; and\nthe person is a journalist or a relevant person for a journalist; and\nanother person (the informant ) gave the document, thing or information to the journalist, in the normal course of the journalist’s activities as a journalist, in the expectation the document, thing or information may be published in a news medium; and\nthe journalist promised the informant not to disclose the informant’s identity as the source of the document, thing or information.\nSubject to this chapter, the journalist or the relevant person can not be compelled to comply with the requirement if complying with the requirement would—\ndisclose the identity of the informant as the source of the document, thing or information; or\nenable the identity of the informant as the source of the document, thing or information to be ascertained.\nHowever, this section applies in relation to a relevant person for the journalist only if the relevant person became aware of the identity of the informant as the source of the document, thing or information—\nin the normal course of the relevant person’s work with the journalist; or\nin the course of, or as a result of, an investigation or proceeding under this Act.\nTo remove any doubt, it is declared that this section does not prevent a person from disclosing the informant’s identity as the source of the document, thing or information.\ns 205D ins 2024 No. 41 s 32\n(sec.205D-ssec.1) This section applies if— a person makes a claim of reasonable excuse based on journalist privilege for not complying with a requirement to— produce a document, thing or information to the commission; or provide information in answer to a question at a commission hearing; and the person is a journalist or a relevant person for a journalist; and another person (the informant ) gave the document, thing or information to the journalist, in the normal course of the journalist’s activities as a journalist, in the expectation the document, thing or information may be published in a news medium; and the journalist promised the informant not to disclose the informant’s identity as the source of the document, thing or information.\n(sec.205D-ssec.2) Subject to this chapter, the journalist or the relevant person can not be compelled to comply with the requirement if complying with the requirement would— disclose the identity of the informant as the source of the document, thing or information; or enable the identity of the informant as the source of the document, thing or information to be ascertained.\n(sec.205D-ssec.3) However, this section applies in relation to a relevant person for the journalist only if the relevant person became aware of the identity of the informant as the source of the document, thing or information— in the normal course of the relevant person’s work with the journalist; or in the course of, or as a result of, an investigation or proceeding under this Act.\n(sec.205D-ssec.4) To remove any doubt, it is declared that this section does not prevent a person from disclosing the informant’s identity as the source of the document, thing or information.\n- (a) a person makes a claim of reasonable excuse based on journalist privilege for not complying with a requirement to— (i) produce a document, thing or information to the commission; or (ii) provide information in answer to a question at a commission hearing; and\n- (i) produce a document, thing or information to the commission; or\n- (ii) provide information in answer to a question at a commission hearing; and\n- (b) the person is a journalist or a relevant person for a journalist; and\n- (c) another person (the informant ) gave the document, thing or information to the journalist, in the normal course of the journalist’s activities as a journalist, in the expectation the document, thing or information may be published in a news medium; and\n- (d) the journalist promised the informant not to disclose the informant’s identity as the source of the document, thing or information.\n- (i) produce a document, thing or information to the commission; or\n- (ii) provide information in answer to a question at a commission hearing; and\n- (a) disclose the identity of the informant as the source of the document, thing or information; or\n- (b) enable the identity of the informant as the source of the document, thing or information to be ascertained.\n- (a) in the normal course of the relevant person’s work with the journalist; or\n- (b) in the course of, or as a result of, an investigation or proceeding under this Act.","sortOrder":424},{"sectionNumber":"sec.205E","sectionType":"section","heading":"Part of document or thing","content":"### sec.205E Part of document or thing\n\nA claim of reasonable excuse in relation to a document or thing required to be produced under this Act may be made in relation to only part of the document or thing.\nA reference in this chapter to a document or thing includes a reference to a part of the document or thing.\ns 205E ins 2024 No. 41 s 32\n(sec.205E-ssec.1) A claim of reasonable excuse in relation to a document or thing required to be produced under this Act may be made in relation to only part of the document or thing.\n(sec.205E-ssec.2) A reference in this chapter to a document or thing includes a reference to a part of the document or thing.","sortOrder":425},{"sectionNumber":"ch.4A-pt.2","sectionType":"part","heading":"Claims dealt with by commission","content":"# Claims dealt with by commission","sortOrder":426},{"sectionNumber":"ch.4A-pt.2-div.1","sectionType":"division","heading":"Claims made outside of hearings","content":"## Claims made outside of hearings","sortOrder":427},{"sectionNumber":"sec.205F","sectionType":"section","heading":"Application of subdivision","content":"### sec.205F Application of subdivision\n\nThis subdivision applies if—\na person claims a reasonable excuse—\nunder section 76 (1) in relation to a requirement to produce a document or thing under a notice to produce; or\nunder section 81H (1) in relation to a requirement to give a statement of information under a notice to discover; and\nthe document, thing or information was not required to be produced at a commission hearing.\nThis subdivision also applies if a person claims privilege under section 81M (2) in relation to a document or thing found in or on official premises that a commission officer proposed, under an authorisation under section 81L —\nto inspect; or\nto seize and remove; or\nfor a document—to make copies of or take extracts from.\nIn this subdivision, a reference to a requirement in relation to a document or thing includes a reference to a commission officer exercising a power under section 81M (1) in relation to the document or thing.\ns 205F ins 2024 No. 41 s 32\n(sec.205F-ssec.1) This subdivision applies if— a person claims a reasonable excuse— under section 76 (1) in relation to a requirement to produce a document or thing under a notice to produce; or under section 81H (1) in relation to a requirement to give a statement of information under a notice to discover; and the document, thing or information was not required to be produced at a commission hearing.\n(sec.205F-ssec.2) This subdivision also applies if a person claims privilege under section 81M (2) in relation to a document or thing found in or on official premises that a commission officer proposed, under an authorisation under section 81L — to inspect; or to seize and remove; or for a document—to make copies of or take extracts from.\n(sec.205F-ssec.3) In this subdivision, a reference to a requirement in relation to a document or thing includes a reference to a commission officer exercising a power under section 81M (1) in relation to the document or thing.\n- (a) a person claims a reasonable excuse— (i) under section 76 (1) in relation to a requirement to produce a document or thing under a notice to produce; or (ii) under section 81H (1) in relation to a requirement to give a statement of information under a notice to discover; and\n- (i) under section 76 (1) in relation to a requirement to produce a document or thing under a notice to produce; or\n- (ii) under section 81H (1) in relation to a requirement to give a statement of information under a notice to discover; and\n- (b) the document, thing or information was not required to be produced at a commission hearing.\n- (i) under section 76 (1) in relation to a requirement to produce a document or thing under a notice to produce; or\n- (ii) under section 81H (1) in relation to a requirement to give a statement of information under a notice to discover; and\n- (a) to inspect; or\n- (b) to seize and remove; or\n- (c) for a document—to make copies of or take extracts from.","sortOrder":428},{"sectionNumber":"sec.205G","sectionType":"section","heading":"Commission officer to consider claim","content":"### sec.205G Commission officer to consider claim\n\nThe commission officer who required the document, thing or information to be given must consider the claim and may—\ndecide to withdraw the requirement in relation to which the claim is made; or\ndecide not to withdraw the requirement and advise the person by notice—\nthat the claim will be dealt with under this part; and\nthat the person may make written submissions to the commission; and\nthe day by which the submissions must be made, which must be at least 7 days after the notice is given.\nWhen considering the claim, the commission officer must not access the document, thing or information the subject of the claim.\ns 205G ins 2024 No. 41 s 32\n(sec.205G-ssec.1) The commission officer who required the document, thing or information to be given must consider the claim and may— decide to withdraw the requirement in relation to which the claim is made; or decide not to withdraw the requirement and advise the person by notice— that the claim will be dealt with under this part; and that the person may make written submissions to the commission; and the day by which the submissions must be made, which must be at least 7 days after the notice is given.\n(sec.205G-ssec.2) When considering the claim, the commission officer must not access the document, thing or information the subject of the claim.\n- (a) decide to withdraw the requirement in relation to which the claim is made; or\n- (b) decide not to withdraw the requirement and advise the person by notice— (i) that the claim will be dealt with under this part; and (ii) that the person may make written submissions to the commission; and (iii) the day by which the submissions must be made, which must be at least 7 days after the notice is given.\n- (i) that the claim will be dealt with under this part; and\n- (ii) that the person may make written submissions to the commission; and\n- (iii) the day by which the submissions must be made, which must be at least 7 days after the notice is given.\n- (i) that the claim will be dealt with under this part; and\n- (ii) that the person may make written submissions to the commission; and\n- (iii) the day by which the submissions must be made, which must be at least 7 days after the notice is given.","sortOrder":429},{"sectionNumber":"sec.205H","sectionType":"section","heading":"Deciding officer to decide claim or decline to decide claim","content":"### sec.205H Deciding officer to decide claim or decline to decide claim\n\nThis section applies if the commission officer does not withdraw the requirement.\nThe chairperson or a senior officer (the deciding officer ) must—\nconsider the claim; and\nconsider any written submissions made by the person; and\neither—\ndecide the claim under section 205J or division 3 ; or\nfor a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim.\nThe deciding officer is unable to decide the claim because the officer does not have enough information to decide the claim.\nWhen considering the claim, the deciding officer must not access the document, thing or information the subject of the claim.\nThe deciding officer must deal with the claim expeditiously.\nIn this section—\nsenior officer means a senior officer who—\nis not the commission officer or part of the investigation, operation or function to which the requirement relates; and\nholds a position at a level equivalent to or above the commission officer’s level; and\nis appropriately qualified to decide the claim.\ns 205H ins 2024 No. 41 s 32\n(sec.205H-ssec.1) This section applies if the commission officer does not withdraw the requirement.\n(sec.205H-ssec.2) The chairperson or a senior officer (the deciding officer ) must— consider the claim; and consider any written submissions made by the person; and either— decide the claim under section 205J or division 3 ; or for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. The deciding officer is unable to decide the claim because the officer does not have enough information to decide the claim.\n(sec.205H-ssec.3) When considering the claim, the deciding officer must not access the document, thing or information the subject of the claim.\n(sec.205H-ssec.4) The deciding officer must deal with the claim expeditiously.\n(sec.205H-ssec.5) In this section— senior officer means a senior officer who— is not the commission officer or part of the investigation, operation or function to which the requirement relates; and holds a position at a level equivalent to or above the commission officer’s level; and is appropriately qualified to decide the claim.\n- (a) consider the claim; and\n- (b) consider any written submissions made by the person; and\n- (c) either— (i) decide the claim under section 205J or division 3 ; or (ii) for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. Example of circumstances in which a deciding officer may decline to decide a claim— The deciding officer is unable to decide the claim because the officer does not have enough information to decide the claim.\n- (i) decide the claim under section 205J or division 3 ; or\n- (ii) for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. Example of circumstances in which a deciding officer may decline to decide a claim— The deciding officer is unable to decide the claim because the officer does not have enough information to decide the claim.\n- (i) decide the claim under section 205J or division 3 ; or\n- (ii) for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. Example of circumstances in which a deciding officer may decline to decide a claim— The deciding officer is unable to decide the claim because the officer does not have enough information to decide the claim.\n- (a) is not the commission officer or part of the investigation, operation or function to which the requirement relates; and\n- (b) holds a position at a level equivalent to or above the commission officer’s level; and\n- (c) is appropriately qualified to decide the claim.","sortOrder":430},{"sectionNumber":"sec.205I","sectionType":"section","heading":"Deciding officer declines to decide claim of reasonable excuse based on privilege","content":"### sec.205I Deciding officer declines to decide claim of reasonable excuse based on privilege\n\nIf the deciding officer declines to decide a claim of reasonable excuse based on privilege, the officer must give the person—\nreasons for the decision; and\na notice advising the person that the person may be required to attend before the Supreme Court under section 205ZK to establish the claim.\ns 205I ins 2024 No. 41 s 32\n- (a) reasons for the decision; and\n- (b) a notice advising the person that the person may be required to attend before the Supreme Court under section 205ZK to establish the claim.","sortOrder":431},{"sectionNumber":"sec.205J","sectionType":"section","heading":"Reasonable excuse not based on privilege","content":"### sec.205J Reasonable excuse not based on privilege\n\nIf the deciding officer decides a claim of reasonable excuse not based on privilege is established, the officer may—\namend the requirement to which the claim relates; or\nwithdraw the requirement to which the claim relates.\nIf the deciding officer decides a claim of reasonable excuse not based on privilege is not established, the officer must—\nrequire the person making the claim to comply with the requirement to which the claim relates; and\ngive the person—\nreasons for the decision; and\nan application notice for the decision.\ns 205J ins 2024 No. 41 s 32\n(sec.205J-ssec.1) If the deciding officer decides a claim of reasonable excuse not based on privilege is established, the officer may— amend the requirement to which the claim relates; or withdraw the requirement to which the claim relates.\n(sec.205J-ssec.2) If the deciding officer decides a claim of reasonable excuse not based on privilege is not established, the officer must— require the person making the claim to comply with the requirement to which the claim relates; and give the person— reasons for the decision; and an application notice for the decision.\n- (a) amend the requirement to which the claim relates; or\n- (b) withdraw the requirement to which the claim relates.\n- (a) require the person making the claim to comply with the requirement to which the claim relates; and\n- (b) give the person— (i) reasons for the decision; and (ii) an application notice for the decision.\n- (i) reasons for the decision; and\n- (ii) an application notice for the decision.\n- (i) reasons for the decision; and\n- (ii) an application notice for the decision.","sortOrder":432},{"sectionNumber":"sec.205K","sectionType":"section","heading":"Application of subdivision","content":"### sec.205K Application of subdivision\n\nThis subdivision applies if—\na person makes a claim of reasonable excuse in relation to a document or thing the person is required to give or produce to the commission, other than at a commission hearing; and\nthe person acknowledges that the document or thing is in the person’s possession; and\nthe commission officer who required the document or thing to be given decides not to withdraw the requirement under section 205G (1) (b) ; and\nsection 205ZZC does not apply.\ns 205K ins 2024 No. 41 s 32\n- (a) a person makes a claim of reasonable excuse in relation to a document or thing the person is required to give or produce to the commission, other than at a commission hearing; and\n- (b) the person acknowledges that the document or thing is in the person’s possession; and\n- (c) the commission officer who required the document or thing to be given decides not to withdraw the requirement under section 205G (1) (b) ; and\n- (d) section 205ZZC does not apply.","sortOrder":433},{"sectionNumber":"sec.205L","sectionType":"section","heading":"Procedure for claims made outside of hearings","content":"### sec.205L Procedure for claims made outside of hearings\n\nThe commission officer must require the person to seal the document or thing immediately and give it to the commission officer for safekeeping.\nThe person must immediately seal the document or thing and give it to the commission officer for safekeeping.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nThe commission officer must—\ngive the person a receipt for the sealed document or thing; and\nplace it in safe custody at the commission’s place of business at the earliest reasonable opportunity.\nA person must not open the sealed document or thing unless authorised to open it under this Act or a court order.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\ns 205L ins 2024 No. 41 s 32\n(sec.205L-ssec.1) The commission officer must require the person to seal the document or thing immediately and give it to the commission officer for safekeeping.\n(sec.205L-ssec.2) The person must immediately seal the document or thing and give it to the commission officer for safekeeping. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.205L-ssec.3) The commission officer must— give the person a receipt for the sealed document or thing; and place it in safe custody at the commission’s place of business at the earliest reasonable opportunity.\n(sec.205L-ssec.4) A person must not open the sealed document or thing unless authorised to open it under this Act or a court order. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n- (a) give the person a receipt for the sealed document or thing; and\n- (b) place it in safe custody at the commission’s place of business at the earliest reasonable opportunity.","sortOrder":434},{"sectionNumber":"sec.205M","sectionType":"section","heading":"Procedure if requirement is withdrawn","content":"### sec.205M Procedure if requirement is withdrawn\n\nThis section applies if the requirement to give a document or thing sealed under section 205L is withdrawn under section 205J or division 3 .\nThe commission must return the sealed document or thing to the person within 7 days after the requirement is withdrawn.\ns 205M ins 2024 No. 41 s 32\n(sec.205M-ssec.1) This section applies if the requirement to give a document or thing sealed under section 205L is withdrawn under section 205J or division 3 .\n(sec.205M-ssec.2) The commission must return the sealed document or thing to the person within 7 days after the requirement is withdrawn.","sortOrder":435},{"sectionNumber":"sec.205N","sectionType":"section","heading":"Procedure if chairperson does not apply to Supreme Court after deciding officer declines to decide claim","content":"### sec.205N Procedure if chairperson does not apply to Supreme Court after deciding officer declines to decide claim\n\nThis section applies if—\na document or thing sealed under section 205L is the subject of a decision by a deciding officer to decline to decide a claim under section 205I ; and\nthe chairperson fails to apply to the Supreme Court under section 205ZK within the period allowed under that section.\nThe commission must return the sealed document or thing to the person within 7 days after the end of the period mentioned in subsection (1) (b) .\ns 205N ins 2024 No. 41 s 32\n(sec.205N-ssec.1) This section applies if— a document or thing sealed under section 205L is the subject of a decision by a deciding officer to decline to decide a claim under section 205I ; and the chairperson fails to apply to the Supreme Court under section 205ZK within the period allowed under that section.\n(sec.205N-ssec.2) The commission must return the sealed document or thing to the person within 7 days after the end of the period mentioned in subsection (1) (b) .\n- (a) a document or thing sealed under section 205L is the subject of a decision by a deciding officer to decline to decide a claim under section 205I ; and\n- (b) the chairperson fails to apply to the Supreme Court under section 205ZK within the period allowed under that section.","sortOrder":436},{"sectionNumber":"sec.205O","sectionType":"section","heading":"Procedure if person does not apply to Supreme Court","content":"### sec.205O Procedure if person does not apply to Supreme Court\n\nThis section applies if—\na document or thing sealed under section 205L is the subject of—\na decision by a deciding officer under section 205J in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZH ; or\na decision by a deciding officer under division 3 in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZJ ; and\nthe person fails to apply to the Supreme Court under section 205ZH or 205ZJ within the period allowed under the relevant section.\nThe commission may access the sealed document or thing.\ns 205O ins 2024 No. 41 s 32\n(sec.205O-ssec.1) This section applies if— a document or thing sealed under section 205L is the subject of— a decision by a deciding officer under section 205J in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZH ; or a decision by a deciding officer under division 3 in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZJ ; and the person fails to apply to the Supreme Court under section 205ZH or 205ZJ within the period allowed under the relevant section.\n(sec.205O-ssec.2) The commission may access the sealed document or thing.\n- (a) a document or thing sealed under section 205L is the subject of— (i) a decision by a deciding officer under section 205J in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZH ; or (ii) a decision by a deciding officer under division 3 in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZJ ; and\n- (i) a decision by a deciding officer under section 205J in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZH ; or\n- (ii) a decision by a deciding officer under division 3 in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZJ ; and\n- (b) the person fails to apply to the Supreme Court under section 205ZH or 205ZJ within the period allowed under the relevant section.\n- (i) a decision by a deciding officer under section 205J in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZH ; or\n- (ii) a decision by a deciding officer under division 3 in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZJ ; and","sortOrder":437},{"sectionNumber":"sec.205P","sectionType":"section","heading":"Procedure if person or chairperson applies to Supreme Court","content":"### sec.205P Procedure if person or chairperson applies to Supreme Court\n\nThis section applies if—\na document or thing sealed under section 205L is the subject of—\na decision by a deciding officer under section 205J in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZH ; or\na decision by a deciding officer under division 3 in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZJ ; and\nthe person applies to the Supreme Court under section 205ZH or 205ZJ within the period allowed under the relevant section.\nThis section also applies if—\na document or thing sealed under section 205L is the subject of a decision by a deciding officer to decline to decide a claim under section 205I ; and\nthe chairperson applies to the Supreme Court under section 205ZK within the period allowed under that section.\nThe commission’s representative must immediately deliver the sealed document or thing to a registrar of the Supreme Court to be held in safe custody.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nThe commission’s representative must notify the person that the sealed document or thing has been delivered to the registrar.\nA person must not open the sealed document or thing unless authorised to open it under this Act or a court order.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\ns 205P ins 2024 No. 41 s 32\n(sec.205P-ssec.1) This section applies if— a document or thing sealed under section 205L is the subject of— a decision by a deciding officer under section 205J in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZH ; or a decision by a deciding officer under division 3 in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZJ ; and the person applies to the Supreme Court under section 205ZH or 205ZJ within the period allowed under the relevant section.\n(sec.205P-ssec.2) This section also applies if— a document or thing sealed under section 205L is the subject of a decision by a deciding officer to decline to decide a claim under section 205I ; and the chairperson applies to the Supreme Court under section 205ZK within the period allowed under that section.\n(sec.205P-ssec.3) The commission’s representative must immediately deliver the sealed document or thing to a registrar of the Supreme Court to be held in safe custody. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.205P-ssec.4) The commission’s representative must notify the person that the sealed document or thing has been delivered to the registrar.\n(sec.205P-ssec.5) A person must not open the sealed document or thing unless authorised to open it under this Act or a court order. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n- (a) a document or thing sealed under section 205L is the subject of— (i) a decision by a deciding officer under section 205J in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZH ; or (ii) a decision by a deciding officer under division 3 in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZJ ; and\n- (i) a decision by a deciding officer under section 205J in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZH ; or\n- (ii) a decision by a deciding officer under division 3 in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZJ ; and\n- (b) the person applies to the Supreme Court under section 205ZH or 205ZJ within the period allowed under the relevant section.\n- (i) a decision by a deciding officer under section 205J in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZH ; or\n- (ii) a decision by a deciding officer under division 3 in relation to which the officer advised the person of their right to apply to the Supreme Court under section 205ZJ ; and\n- (a) a document or thing sealed under section 205L is the subject of a decision by a deciding officer to decline to decide a claim under section 205I ; and\n- (b) the chairperson applies to the Supreme Court under section 205ZK within the period allowed under that section.","sortOrder":438},{"sectionNumber":"sec.205Q","sectionType":"section","heading":"Action by registrar","content":"### sec.205Q Action by registrar\n\nThis section applies if a sealed document or thing has been delivered to a registrar of the Supreme Court under section 205P .\nThe registrar must keep the sealed document or thing in safe custody until—\nthe application under section 205ZH , 205ZJ or 205ZK is decided by the Supreme Court; or\nthe person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing.\nThe registrar must—\nif the application under section 205ZH , 205ZJ or 205ZK is decided by the Supreme Court—dispose of the sealed document or thing in the way ordered by the court; or\nif the person and the commission’s representative give the registrar notice that agreement on the disposal of the sealed document or thing has been reached—dispose of the sealed document or thing in the way agreed.\ns 205Q ins 2024 No. 41 s 32\n(sec.205Q-ssec.1) This section applies if a sealed document or thing has been delivered to a registrar of the Supreme Court under section 205P .\n(sec.205Q-ssec.2) The registrar must keep the sealed document or thing in safe custody until— the application under section 205ZH , 205ZJ or 205ZK is decided by the Supreme Court; or the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing.\n(sec.205Q-ssec.3) The registrar must— if the application under section 205ZH , 205ZJ or 205ZK is decided by the Supreme Court—dispose of the sealed document or thing in the way ordered by the court; or if the person and the commission’s representative give the registrar notice that agreement on the disposal of the sealed document or thing has been reached—dispose of the sealed document or thing in the way agreed.\n- (a) the application under section 205ZH , 205ZJ or 205ZK is decided by the Supreme Court; or\n- (b) the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing.\n- (a) if the application under section 205ZH , 205ZJ or 205ZK is decided by the Supreme Court—dispose of the sealed document or thing in the way ordered by the court; or\n- (b) if the person and the commission’s representative give the registrar notice that agreement on the disposal of the sealed document or thing has been reached—dispose of the sealed document or thing in the way agreed.","sortOrder":439},{"sectionNumber":"ch.4A-pt.2-div.2","sectionType":"division","heading":"Claims made in hearings","content":"## Claims made in hearings","sortOrder":440},{"sectionNumber":"sec.205R","sectionType":"section","heading":"Application of subdivision","content":"### sec.205R Application of subdivision\n\nThis subdivision applies if—\na person claims a reasonable excuse under section 81H (1) in relation to a requirement to give a statement of information under a notice to discover; and\nthe statement was required to be given at a commission hearing.\nThis subdivision also applies if a person claims a reasonable excuse—\nunder section 185 (1) in relation to a document or thing required to be produced under an attendance notice or immediate production requirement (hearing); or\nunder section 189 (1) in relation to a requirement to answer a question.\ns 205R ins 2024 No. 41 s 32\n(sec.205R-ssec.1) This subdivision applies if— a person claims a reasonable excuse under section 81H (1) in relation to a requirement to give a statement of information under a notice to discover; and the statement was required to be given at a commission hearing.\n(sec.205R-ssec.2) This subdivision also applies if a person claims a reasonable excuse— under section 185 (1) in relation to a document or thing required to be produced under an attendance notice or immediate production requirement (hearing); or under section 189 (1) in relation to a requirement to answer a question.\n- (a) a person claims a reasonable excuse under section 81H (1) in relation to a requirement to give a statement of information under a notice to discover; and\n- (b) the statement was required to be given at a commission hearing.\n- (a) under section 185 (1) in relation to a document or thing required to be produced under an attendance notice or immediate production requirement (hearing); or\n- (b) under section 189 (1) in relation to a requirement to answer a question.","sortOrder":441},{"sectionNumber":"sec.205S","sectionType":"section","heading":"Presiding officer to decide claim or decline to decide claim","content":"### sec.205S Presiding officer to decide claim or decline to decide claim\n\nThe presiding officer must—\nconsider the claim; and\nhear the person’s submissions; and\neither—\ndecide the claim under section 205U or division 3 ; or\nfor a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim.\nThe presiding officer is unable to decide the claim because the officer does not have enough information to decide the claim.\nWhen considering the claim, the presiding officer must not access the document, thing or information the subject of the claim.\ns 205S ins 2024 No. 41 s 32\n(sec.205S-ssec.1) The presiding officer must— consider the claim; and hear the person’s submissions; and either— decide the claim under section 205U or division 3 ; or for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. The presiding officer is unable to decide the claim because the officer does not have enough information to decide the claim.\n(sec.205S-ssec.2) When considering the claim, the presiding officer must not access the document, thing or information the subject of the claim.\n- (a) consider the claim; and\n- (b) hear the person’s submissions; and\n- (c) either— (i) decide the claim under section 205U or division 3 ; or (ii) for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. Example of circumstances in which a presiding officer may decline to decide a claim— The presiding officer is unable to decide the claim because the officer does not have enough information to decide the claim.\n- (i) decide the claim under section 205U or division 3 ; or\n- (ii) for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. Example of circumstances in which a presiding officer may decline to decide a claim— The presiding officer is unable to decide the claim because the officer does not have enough information to decide the claim.\n- (i) decide the claim under section 205U or division 3 ; or\n- (ii) for a claim of reasonable excuse based on privilege—in the circumstances, decline to decide the claim. Example of circumstances in which a presiding officer may decline to decide a claim— The presiding officer is unable to decide the claim because the officer does not have enough information to decide the claim.","sortOrder":442},{"sectionNumber":"sec.205T","sectionType":"section","heading":"Presiding officer declines to decide claim of reasonable excuse based on privilege","content":"### sec.205T Presiding officer declines to decide claim of reasonable excuse based on privilege\n\nIf the presiding officer declines to decide a claim of reasonable excuse based on privilege, the officer must give the person—\nreasons for the decision; and\na notice advising the person that the person may be required to attend before the Supreme Court under section 205ZK to establish the claim.\ns 205T ins 2024 No. 41 s 32\n- (a) reasons for the decision; and\n- (b) a notice advising the person that the person may be required to attend before the Supreme Court under section 205ZK to establish the claim.","sortOrder":443},{"sectionNumber":"sec.205U","sectionType":"section","heading":"Reasonable excuse not based on privilege","content":"### sec.205U Reasonable excuse not based on privilege\n\nIf the presiding officer decides a claim of reasonable excuse not based on privilege is established, the officer may—\namend the requirement to which the claim relates; or\nwithdraw the requirement to which the claim relates.\nIf the presiding officer decides a claim of reasonable excuse not based on privilege is not established, the officer must—\nrequire the person making the claim to comply with the requirement to which the claim relates; and\ngive the person—\nreasons for the decision; and\nan application notice for the decision.\ns 205U ins 2024 No. 41 s 32\n(sec.205U-ssec.1) If the presiding officer decides a claim of reasonable excuse not based on privilege is established, the officer may— amend the requirement to which the claim relates; or withdraw the requirement to which the claim relates.\n(sec.205U-ssec.2) If the presiding officer decides a claim of reasonable excuse not based on privilege is not established, the officer must— require the person making the claim to comply with the requirement to which the claim relates; and give the person— reasons for the decision; and an application notice for the decision.\n- (a) amend the requirement to which the claim relates; or\n- (b) withdraw the requirement to which the claim relates.\n- (a) require the person making the claim to comply with the requirement to which the claim relates; and\n- (b) give the person— (i) reasons for the decision; and (ii) an application notice for the decision.\n- (i) reasons for the decision; and\n- (ii) an application notice for the decision.\n- (i) reasons for the decision; and\n- (ii) an application notice for the decision.","sortOrder":444},{"sectionNumber":"sec.205V","sectionType":"section","heading":"Application of subdivision","content":"### sec.205V Application of subdivision\n\nThis subdivision applies if—\na person makes a claim of reasonable excuse in relation to a document or thing the person is required to give or produce at a commission hearing; and\nthe person acknowledges that the document or thing is in the person’s possession; and\n1 of the requirements mentioned in subsection (2) is met; and\nsection 205ZZC does not apply.\nThe requirements are—\nthe presiding officer declines to decide the claim under section 205T ; or\nboth of the following—\nthe presiding officer does not withdraw the requirement under section 205U or division 3 ;\nthe person informs the presiding officer that—\nthe person wishes to apply to the Supreme Court or consider an application to the Supreme Court under section 205ZH or 205ZJ in relation to the document or thing; or\nthe person does not intend to comply with the requirement.\ns 205V ins 2024 No. 41 s 32\n(sec.205V-ssec.1) This subdivision applies if— a person makes a claim of reasonable excuse in relation to a document or thing the person is required to give or produce at a commission hearing; and the person acknowledges that the document or thing is in the person’s possession; and 1 of the requirements mentioned in subsection (2) is met; and section 205ZZC does not apply.\n(sec.205V-ssec.2) The requirements are— the presiding officer declines to decide the claim under section 205T ; or both of the following— the presiding officer does not withdraw the requirement under section 205U or division 3 ; the person informs the presiding officer that— the person wishes to apply to the Supreme Court or consider an application to the Supreme Court under section 205ZH or 205ZJ in relation to the document or thing; or the person does not intend to comply with the requirement.\n- (a) a person makes a claim of reasonable excuse in relation to a document or thing the person is required to give or produce at a commission hearing; and\n- (b) the person acknowledges that the document or thing is in the person’s possession; and\n- (c) 1 of the requirements mentioned in subsection (2) is met; and\n- (d) section 205ZZC does not apply.\n- (a) the presiding officer declines to decide the claim under section 205T ; or\n- (b) both of the following— (i) the presiding officer does not withdraw the requirement under section 205U or division 3 ; (ii) the person informs the presiding officer that— (A) the person wishes to apply to the Supreme Court or consider an application to the Supreme Court under section 205ZH or 205ZJ in relation to the document or thing; or (B) the person does not intend to comply with the requirement.\n- (i) the presiding officer does not withdraw the requirement under section 205U or division 3 ;\n- (ii) the person informs the presiding officer that— (A) the person wishes to apply to the Supreme Court or consider an application to the Supreme Court under section 205ZH or 205ZJ in relation to the document or thing; or (B) the person does not intend to comply with the requirement.\n- (A) the person wishes to apply to the Supreme Court or consider an application to the Supreme Court under section 205ZH or 205ZJ in relation to the document or thing; or\n- (B) the person does not intend to comply with the requirement.\n- (i) the presiding officer does not withdraw the requirement under section 205U or division 3 ;\n- (ii) the person informs the presiding officer that— (A) the person wishes to apply to the Supreme Court or consider an application to the Supreme Court under section 205ZH or 205ZJ in relation to the document or thing; or (B) the person does not intend to comply with the requirement.\n- (A) the person wishes to apply to the Supreme Court or consider an application to the Supreme Court under section 205ZH or 205ZJ in relation to the document or thing; or\n- (B) the person does not intend to comply with the requirement.\n- (A) the person wishes to apply to the Supreme Court or consider an application to the Supreme Court under section 205ZH or 205ZJ in relation to the document or thing; or\n- (B) the person does not intend to comply with the requirement.","sortOrder":445},{"sectionNumber":"sec.205W","sectionType":"section","heading":"Procedure for claims made in hearings","content":"### sec.205W Procedure for claims made in hearings\n\nThe presiding officer must require the person to seal the document or thing immediately and give it to the presiding officer for safekeeping.\nThe person must immediately seal the document or thing under the supervision of the presiding officer.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nThe commission’s representative and, if practicable, the person must immediately deliver the sealed document or thing to a registrar of the Supreme Court to be held in safe custody.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\ns 205W ins 2024 No. 41 s 32\n(sec.205W-ssec.1) The presiding officer must require the person to seal the document or thing immediately and give it to the presiding officer for safekeeping.\n(sec.205W-ssec.2) The person must immediately seal the document or thing under the supervision of the presiding officer. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.205W-ssec.3) The commission’s representative and, if practicable, the person must immediately deliver the sealed document or thing to a registrar of the Supreme Court to be held in safe custody. Maximum penalty—85 penalty units or 1 year’s imprisonment.","sortOrder":446},{"sectionNumber":"sec.205X","sectionType":"section","heading":"Action by registrar—if presiding officer declined to decide claim","content":"### sec.205X Action by registrar—if presiding officer declined to decide claim\n\nThis section applies if—\nthe commission’s representative and, if applicable, the person delivered a sealed document or thing to a registrar of the Supreme Court under section 205W (3) ; and\nthe requirement mentioned in section 205V (2) (a) applies.\nThe registrar must keep the sealed document or thing in safe custody until the first of the following happens—\nthe person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing;\nan application is made to the Supreme Court under section 205ZK to decide the claim of reasonable excuse;\nthe end of the period in which an application may be made to the Supreme Court under section 205ZK .\nThe registrar must—\nif the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing—dispose of the sealed document or thing in the way agreed; or\nif an application is made to the Supreme Court under section 205ZK to decide the claim of reasonable excuse—dispose of the sealed document or thing in the way ordered by the court; or\nif subsection (2) (a) does not apply and an application is not made by the end of the period in which the chairperson may apply to the Supreme Court under section 205ZK —give the sealed document or thing to the person.\ns 205X ins 2024 No. 41 s 32\n(sec.205X-ssec.1) This section applies if— the commission’s representative and, if applicable, the person delivered a sealed document or thing to a registrar of the Supreme Court under section 205W (3) ; and the requirement mentioned in section 205V (2) (a) applies.\n(sec.205X-ssec.2) The registrar must keep the sealed document or thing in safe custody until the first of the following happens— the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing; an application is made to the Supreme Court under section 205ZK to decide the claim of reasonable excuse; the end of the period in which an application may be made to the Supreme Court under section 205ZK .\n(sec.205X-ssec.3) The registrar must— if the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing—dispose of the sealed document or thing in the way agreed; or if an application is made to the Supreme Court under section 205ZK to decide the claim of reasonable excuse—dispose of the sealed document or thing in the way ordered by the court; or if subsection (2) (a) does not apply and an application is not made by the end of the period in which the chairperson may apply to the Supreme Court under section 205ZK —give the sealed document or thing to the person.\n- (a) the commission’s representative and, if applicable, the person delivered a sealed document or thing to a registrar of the Supreme Court under section 205W (3) ; and\n- (b) the requirement mentioned in section 205V (2) (a) applies.\n- (a) the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing;\n- (b) an application is made to the Supreme Court under section 205ZK to decide the claim of reasonable excuse;\n- (c) the end of the period in which an application may be made to the Supreme Court under section 205ZK .\n- (a) if the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing—dispose of the sealed document or thing in the way agreed; or\n- (b) if an application is made to the Supreme Court under section 205ZK to decide the claim of reasonable excuse—dispose of the sealed document or thing in the way ordered by the court; or\n- (c) if subsection (2) (a) does not apply and an application is not made by the end of the period in which the chairperson may apply to the Supreme Court under section 205ZK —give the sealed document or thing to the person.","sortOrder":447},{"sectionNumber":"sec.205Y","sectionType":"section","heading":"Action by registrar—if presiding officer did not withdraw requirement","content":"### sec.205Y Action by registrar—if presiding officer did not withdraw requirement\n\nThis section applies if—\nthe commission’s representative and, if applicable, the person delivered a sealed document or thing to a registrar of the Supreme Court under section 205W (3) ; and\nthe requirement mentioned in section 205V (2) (b) applies.\nThe registrar must keep the sealed document or thing in safe custody until the first of the following happens—\nthe person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing;\nan application is made to the Supreme Court under section 205ZH or 205ZJ to decide the claim of reasonable excuse;\nthe end of the period in which the person may apply to the Supreme Court under section 205ZH or 205ZJ .\nThe registrar must—\nif the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing—dispose of the sealed document or thing in the way agreed; or\nif an application is made to the Supreme Court under section 205ZH or 205ZJ to decide the claim of reasonable excuse—dispose of the sealed document or thing in the way ordered by the court; or\nif subsection (2) (a) does not apply and an application is not made by the end of the period in which the person may apply to the Supreme Court under section 205ZH or 205ZJ —give the sealed document or thing to the commission, who may access it.\ns 205Y ins 2024 No. 41 s 32\n(sec.205Y-ssec.1) This section applies if— the commission’s representative and, if applicable, the person delivered a sealed document or thing to a registrar of the Supreme Court under section 205W (3) ; and the requirement mentioned in section 205V (2) (b) applies.\n(sec.205Y-ssec.2) The registrar must keep the sealed document or thing in safe custody until the first of the following happens— the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing; an application is made to the Supreme Court under section 205ZH or 205ZJ to decide the claim of reasonable excuse; the end of the period in which the person may apply to the Supreme Court under section 205ZH or 205ZJ .\n(sec.205Y-ssec.3) The registrar must— if the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing—dispose of the sealed document or thing in the way agreed; or if an application is made to the Supreme Court under section 205ZH or 205ZJ to decide the claim of reasonable excuse—dispose of the sealed document or thing in the way ordered by the court; or if subsection (2) (a) does not apply and an application is not made by the end of the period in which the person may apply to the Supreme Court under section 205ZH or 205ZJ —give the sealed document or thing to the commission, who may access it.\n- (a) the commission’s representative and, if applicable, the person delivered a sealed document or thing to a registrar of the Supreme Court under section 205W (3) ; and\n- (b) the requirement mentioned in section 205V (2) (b) applies.\n- (a) the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing;\n- (b) an application is made to the Supreme Court under section 205ZH or 205ZJ to decide the claim of reasonable excuse;\n- (c) the end of the period in which the person may apply to the Supreme Court under section 205ZH or 205ZJ .\n- (a) if the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing—dispose of the sealed document or thing in the way agreed; or\n- (b) if an application is made to the Supreme Court under section 205ZH or 205ZJ to decide the claim of reasonable excuse—dispose of the sealed document or thing in the way ordered by the court; or\n- (c) if subsection (2) (a) does not apply and an application is not made by the end of the period in which the person may apply to the Supreme Court under section 205ZH or 205ZJ —give the sealed document or thing to the commission, who may access it.","sortOrder":448},{"sectionNumber":"ch.4A-pt.2-div.3","sectionType":"division","heading":"Deciding claims of privilege","content":"## Deciding claims of privilege","sortOrder":449},{"sectionNumber":"sec.205Z","sectionType":"section","heading":"Purpose and application of division","content":"### sec.205Z Purpose and application of division\n\nThis division provides for—\nhow claims of privilege being considered by a deciding officer under division 1 or a presiding officer under division 2 are decided; and\nthe circumstances in which a person can be required to produce a document, thing or information, or answer a question, even if the deciding officer or presiding officer decides a claim of confidentiality, self-incrimination privilege or journalist privilege is established.\nSee section 197 for a restriction on the use of an answer, document, thing or statement disclosed or produced where a person claims self-incrimination privilege in relation to the answer, document, thing or statement.\nIn this division, a reference to a requirement in relation to a document or thing includes a reference to a commission officer exercising a power under section 81M (1) in relation to the document or thing.\ns 205Z ins 2024 No. 41 s 32\n(sec.205Z-ssec.1) This division provides for— how claims of privilege being considered by a deciding officer under division 1 or a presiding officer under division 2 are decided; and the circumstances in which a person can be required to produce a document, thing or information, or answer a question, even if the deciding officer or presiding officer decides a claim of confidentiality, self-incrimination privilege or journalist privilege is established. See section 197 for a restriction on the use of an answer, document, thing or statement disclosed or produced where a person claims self-incrimination privilege in relation to the answer, document, thing or statement.\n(sec.205Z-ssec.2) In this division, a reference to a requirement in relation to a document or thing includes a reference to a commission officer exercising a power under section 81M (1) in relation to the document or thing.\n- (a) how claims of privilege being considered by a deciding officer under division 1 or a presiding officer under division 2 are decided; and\n- (b) the circumstances in which a person can be required to produce a document, thing or information, or answer a question, even if the deciding officer or presiding officer decides a claim of confidentiality, self-incrimination privilege or journalist privilege is established. Note— See section 197 for a restriction on the use of an answer, document, thing or statement disclosed or produced where a person claims self-incrimination privilege in relation to the answer, document, thing or statement.","sortOrder":450},{"sectionNumber":"sec.205ZA","sectionType":"section","heading":"Parliamentary privilege","content":"### sec.205ZA Parliamentary privilege\n\nIf the deciding officer or presiding officer decides a claim on the ground of parliamentary privilege is established, the officer must withdraw the requirement to which the claim relates.\nIf the deciding officer or presiding officer decides a claim on the ground of parliamentary privilege is not established, section 205ZG (2) applies.\ns 205ZA ins 2024 No. 41 s 32\n(sec.205ZA-ssec.1) If the deciding officer or presiding officer decides a claim on the ground of parliamentary privilege is established, the officer must withdraw the requirement to which the claim relates.\n(sec.205ZA-ssec.2) If the deciding officer or presiding officer decides a claim on the ground of parliamentary privilege is not established, section 205ZG (2) applies.","sortOrder":451},{"sectionNumber":"sec.205ZB","sectionType":"section","heading":"Legal professional privilege","content":"### sec.205ZB Legal professional privilege\n\nIf the deciding officer or presiding officer decides a claim on the ground of legal professional privilege is established, the officer must withdraw the requirement to which the claim relates.\nIf the deciding officer or presiding officer decides a claim on the ground of legal professional privilege is established but the privilege has been waived by a person having authority to waive it, the person must comply with the requirement to which the claim relates.\nIf the deciding officer or presiding officer decides a claim on the ground of legal professional privilege is not established, section 205ZG (2) applies.\ns 205ZB ins 2024 No. 41 s 32\n(sec.205ZB-ssec.1) If the deciding officer or presiding officer decides a claim on the ground of legal professional privilege is established, the officer must withdraw the requirement to which the claim relates.\n(sec.205ZB-ssec.2) If the deciding officer or presiding officer decides a claim on the ground of legal professional privilege is established but the privilege has been waived by a person having authority to waive it, the person must comply with the requirement to which the claim relates.\n(sec.205ZB-ssec.3) If the deciding officer or presiding officer decides a claim on the ground of legal professional privilege is not established, section 205ZG (2) applies.","sortOrder":452},{"sectionNumber":"sec.205ZC","sectionType":"section","heading":"Public interest immunity","content":"### sec.205ZC Public interest immunity\n\nIf the deciding officer or presiding officer decides a claim on the ground of public interest immunity is established, the officer must withdraw the requirement to which the claim relates.\nIf the deciding officer or presiding officer decides a claim on the ground of public interest immunity is not established, section 205ZG (2) applies.\ns 205ZC ins 2024 No. 41 s 32\n(sec.205ZC-ssec.1) If the deciding officer or presiding officer decides a claim on the ground of public interest immunity is established, the officer must withdraw the requirement to which the claim relates.\n(sec.205ZC-ssec.2) If the deciding officer or presiding officer decides a claim on the ground of public interest immunity is not established, section 205ZG (2) applies.","sortOrder":453},{"sectionNumber":"sec.205ZD","sectionType":"section","heading":"Confidentiality","content":"### sec.205ZD Confidentiality\n\nSubsection (2) applies if the deciding officer or presiding officer decides a claim on the ground of confidentiality is established and it would not be against the public interest—\nfor a claim related to a requirement to produce a document, thing or information—for the document, thing or information to be produced; or\nfor a claim related to a requirement to answer a question—for the question to be answered.\nThe deciding officer or presiding officer must require the person to comply with the requirement to which the claim relates.\nIf the deciding officer or presiding officer makes a requirement of the person under subsection (2) , section 205ZG (2) applies.\nIf the deciding officer or presiding officer decides a claim on the ground of confidentiality is established and it would be against the public interest for the document, thing or information to be produced or question to be answered, the officer must withdraw the requirement to which the claim relates.\nIf the deciding officer or presiding officer decides a claim on the ground of confidentiality is not established, section 205ZG (2) applies.\ns 205ZD ins 2024 No. 41 s 32\n(sec.205ZD-ssec.1) Subsection (2) applies if the deciding officer or presiding officer decides a claim on the ground of confidentiality is established and it would not be against the public interest— for a claim related to a requirement to produce a document, thing or information—for the document, thing or information to be produced; or for a claim related to a requirement to answer a question—for the question to be answered.\n(sec.205ZD-ssec.2) The deciding officer or presiding officer must require the person to comply with the requirement to which the claim relates.\n(sec.205ZD-ssec.3) If the deciding officer or presiding officer makes a requirement of the person under subsection (2) , section 205ZG (2) applies.\n(sec.205ZD-ssec.4) If the deciding officer or presiding officer decides a claim on the ground of confidentiality is established and it would be against the public interest for the document, thing or information to be produced or question to be answered, the officer must withdraw the requirement to which the claim relates.\n(sec.205ZD-ssec.5) If the deciding officer or presiding officer decides a claim on the ground of confidentiality is not established, section 205ZG (2) applies.\n- (a) for a claim related to a requirement to produce a document, thing or information—for the document, thing or information to be produced; or\n- (b) for a claim related to a requirement to answer a question—for the question to be answered.","sortOrder":454},{"sectionNumber":"sec.205ZE","sectionType":"section","heading":"Self-incrimination privilege","content":"### sec.205ZE Self-incrimination privilege\n\nIf the deciding officer or presiding officer decides a claim on the ground of self-incrimination privilege is established, the person must comply with the requirement to which the claim relates.\nSee section 197 for a restriction on the use of an answer, document, thing or statement disclosed or produced where a claim of self-incrimination privilege in relation to the answer, document, thing or statement is established.\nIf the deciding officer or presiding officer decides a claim on the ground of self-incrimination privilege is not established, section 205ZG (2) applies.\ns 205ZE ins 2024 No. 41 s 32\n(sec.205ZE-ssec.1) If the deciding officer or presiding officer decides a claim on the ground of self-incrimination privilege is established, the person must comply with the requirement to which the claim relates. See section 197 for a restriction on the use of an answer, document, thing or statement disclosed or produced where a claim of self-incrimination privilege in relation to the answer, document, thing or statement is established.\n(sec.205ZE-ssec.2) If the deciding officer or presiding officer decides a claim on the ground of self-incrimination privilege is not established, section 205ZG (2) applies.","sortOrder":455},{"sectionNumber":"sec.205ZF","sectionType":"section","heading":"Journalist privilege","content":"### sec.205ZF Journalist privilege\n\nSubsections (2) and (3) apply if the deciding officer or presiding officer decides a claim made by a journalist or a relevant person for a journalist on the ground of journalist privilege is established in relation to a requirement to produce a document, thing or information or provide information in answer to a question and the public interest in disclosing the identity of the informant the subject of the claim outweighs—\nany likely adverse effect of the disclosure on the informant or another person; and\nthe public interest in—\nthe communication of facts and opinion to the public by the news media; and\nthe ability of the news media to access sources of facts.\nThe deciding officer or presiding officer—\nmay require the journalist or relevant person to comply with the requirement to which the claim relates; or\notherwise—must withdraw the requirement to which the claim relates.\nIn deciding whether to make the requirement of the journalist or relevant person, the deciding officer or presiding officer may have regard to the following matters—\nwhether the document, thing or information is a matter of public interest;\nthe nature and subject matter of the investigation, operation or function to which the requirement relates;\nthe importance of the document, thing or information, and the informant’s identity, to the investigation, operation or function to which the requirement relates and the availability of other evidence in relation to the document, thing or information;\nany likely adverse effect of disclosing the informant’s identity on the informant or another person and whether the effect can be mitigated;\nwhether the informant’s identity as the source of the document, thing or information is already in the public domain;\nany decision previously made by the commission or a court about a claim, objection or application in relation to the document, thing or information;\nthe way in which the document, thing or information has been used or kept by the journalist, including whether the journalist—\nverified the document, thing or information; or\nused the document, thing or information in a way that is fair and accurate and minimised any likely adverse effect on another person;\nwhether the journalist complied with a recognised professional standard or code of practice in obtaining, using or receiving the document, thing or information;\nwhether obtaining, using, giving or receiving the document, thing or information—\ninvolved an offence or misconduct by the informant or the journalist; or\nposes a risk to national security or the security of the State;\nthe extent to which making the requirement is likely to deter other persons from giving information to journalists;\nany other matter the deciding officer or presiding officer considers relevant.\nIf the deciding officer or presiding officer requires the journalist or relevant person to comply with the requirement to which the claim relates, section 205ZG (2) applies.\nIf the deciding officer or presiding officer decides a claim on the ground of journalist privilege is not established, section 205ZG (2) applies.\ns 205ZF ins 2024 No. 41 s 32\n(sec.205ZF-ssec.1) Subsections (2) and (3) apply if the deciding officer or presiding officer decides a claim made by a journalist or a relevant person for a journalist on the ground of journalist privilege is established in relation to a requirement to produce a document, thing or information or provide information in answer to a question and the public interest in disclosing the identity of the informant the subject of the claim outweighs— any likely adverse effect of the disclosure on the informant or another person; and the public interest in— the communication of facts and opinion to the public by the news media; and the ability of the news media to access sources of facts.\n(sec.205ZF-ssec.2) The deciding officer or presiding officer— may require the journalist or relevant person to comply with the requirement to which the claim relates; or otherwise—must withdraw the requirement to which the claim relates.\n(sec.205ZF-ssec.3) In deciding whether to make the requirement of the journalist or relevant person, the deciding officer or presiding officer may have regard to the following matters— whether the document, thing or information is a matter of public interest; the nature and subject matter of the investigation, operation or function to which the requirement relates; the importance of the document, thing or information, and the informant’s identity, to the investigation, operation or function to which the requirement relates and the availability of other evidence in relation to the document, thing or information; any likely adverse effect of disclosing the informant’s identity on the informant or another person and whether the effect can be mitigated; whether the informant’s identity as the source of the document, thing or information is already in the public domain; any decision previously made by the commission or a court about a claim, objection or application in relation to the document, thing or information; the way in which the document, thing or information has been used or kept by the journalist, including whether the journalist— verified the document, thing or information; or used the document, thing or information in a way that is fair and accurate and minimised any likely adverse effect on another person; whether the journalist complied with a recognised professional standard or code of practice in obtaining, using or receiving the document, thing or information; whether obtaining, using, giving or receiving the document, thing or information— involved an offence or misconduct by the informant or the journalist; or poses a risk to national security or the security of the State; the extent to which making the requirement is likely to deter other persons from giving information to journalists; any other matter the deciding officer or presiding officer considers relevant.\n(sec.205ZF-ssec.4) If the deciding officer or presiding officer requires the journalist or relevant person to comply with the requirement to which the claim relates, section 205ZG (2) applies.\n(sec.205ZF-ssec.5) If the deciding officer or presiding officer decides a claim on the ground of journalist privilege is not established, section 205ZG (2) applies.\n- (a) any likely adverse effect of the disclosure on the informant or another person; and\n- (b) the public interest in— (i) the communication of facts and opinion to the public by the news media; and (ii) the ability of the news media to access sources of facts.\n- (i) the communication of facts and opinion to the public by the news media; and\n- (ii) the ability of the news media to access sources of facts.\n- (i) the communication of facts and opinion to the public by the news media; and\n- (ii) the ability of the news media to access sources of facts.\n- (a) may require the journalist or relevant person to comply with the requirement to which the claim relates; or\n- (b) otherwise—must withdraw the requirement to which the claim relates.\n- (a) whether the document, thing or information is a matter of public interest;\n- (b) the nature and subject matter of the investigation, operation or function to which the requirement relates;\n- (c) the importance of the document, thing or information, and the informant’s identity, to the investigation, operation or function to which the requirement relates and the availability of other evidence in relation to the document, thing or information;\n- (d) any likely adverse effect of disclosing the informant’s identity on the informant or another person and whether the effect can be mitigated;\n- (e) whether the informant’s identity as the source of the document, thing or information is already in the public domain;\n- (f) any decision previously made by the commission or a court about a claim, objection or application in relation to the document, thing or information;\n- (g) the way in which the document, thing or information has been used or kept by the journalist, including whether the journalist— (i) verified the document, thing or information; or (ii) used the document, thing or information in a way that is fair and accurate and minimised any likely adverse effect on another person;\n- (i) verified the document, thing or information; or\n- (ii) used the document, thing or information in a way that is fair and accurate and minimised any likely adverse effect on another person;\n- (h) whether the journalist complied with a recognised professional standard or code of practice in obtaining, using or receiving the document, thing or information;\n- (i) whether obtaining, using, giving or receiving the document, thing or information— (i) involved an offence or misconduct by the informant or the journalist; or (ii) poses a risk to national security or the security of the State;\n- (i) involved an offence or misconduct by the informant or the journalist; or\n- (ii) poses a risk to national security or the security of the State;\n- (j) the extent to which making the requirement is likely to deter other persons from giving information to journalists;\n- (k) any other matter the deciding officer or presiding officer considers relevant.\n- (i) verified the document, thing or information; or\n- (ii) used the document, thing or information in a way that is fair and accurate and minimised any likely adverse effect on another person;\n- (i) involved an offence or misconduct by the informant or the journalist; or\n- (ii) poses a risk to national security or the security of the State;","sortOrder":456},{"sectionNumber":"sec.205ZG","sectionType":"section","heading":"Claim not established or requirement made","content":"### sec.205ZG Claim not established or requirement made\n\nThis section applies if the deciding officer or presiding officer—\ndecides that the claim is not established; or\nrequires the person to comply with the requirement to which the claim relates.\nThe deciding officer or presiding officer must give the person—\nreasons for the decision; and\nan application notice for the decision.\ns 205ZG ins 2024 No. 41 s 32\n(sec.205ZG-ssec.1) This section applies if the deciding officer or presiding officer— decides that the claim is not established; or requires the person to comply with the requirement to which the claim relates.\n(sec.205ZG-ssec.2) The deciding officer or presiding officer must give the person— reasons for the decision; and an application notice for the decision.\n- (a) decides that the claim is not established; or\n- (b) requires the person to comply with the requirement to which the claim relates.\n- (a) reasons for the decision; and\n- (b) an application notice for the decision.","sortOrder":457},{"sectionNumber":"ch.4A-pt.3","sectionType":"part","heading":"Claims dealt with by Supreme Court","content":"# Claims dealt with by Supreme Court","sortOrder":458},{"sectionNumber":"ch.4A-pt.3-div.1","sectionType":"division","heading":"Claims of reasonable excuse not based on privilege","content":"## Claims of reasonable excuse not based on privilege","sortOrder":459},{"sectionNumber":"sec.205ZH","sectionType":"section","heading":"Applications about decisions of deciding officers and presiding officers","content":"### sec.205ZH Applications about decisions of deciding officers and presiding officers\n\nThis section applies in relation to—\na decision of a deciding officer under section 205J (2) that a claim by a person of reasonable excuse not based on privilege is not established; or\na decision of a presiding officer under section 205U (2) that a claim by a person of reasonable excuse not based on privilege is not established.\nThe person may apply to the Supreme Court for the court to decide the claim of reasonable excuse not based on privilege if—\nthe person applies for leave to apply within 7 days after the day the person receives the application notice under the relevant section; and\nthe Supreme Court grants leave to make the application.\nThe Supreme Court may grant leave to make the application only if the court is satisfied—\nif the application relates to a document or thing that the person has acknowledged is in the person’s possession—the document or thing has been delivered to a registrar of the Supreme Court; and\nin all cases—\nthe application has a significant prospect of success; or\nthere is some important question of law involved.\nAn application for leave to make an application must state the grounds of the application for leave.\ns 205ZH ins 2024 No. 41 s 32\n(sec.205ZH-ssec.1) This section applies in relation to— a decision of a deciding officer under section 205J (2) that a claim by a person of reasonable excuse not based on privilege is not established; or a decision of a presiding officer under section 205U (2) that a claim by a person of reasonable excuse not based on privilege is not established.\n(sec.205ZH-ssec.2) The person may apply to the Supreme Court for the court to decide the claim of reasonable excuse not based on privilege if— the person applies for leave to apply within 7 days after the day the person receives the application notice under the relevant section; and the Supreme Court grants leave to make the application.\n(sec.205ZH-ssec.3) The Supreme Court may grant leave to make the application only if the court is satisfied— if the application relates to a document or thing that the person has acknowledged is in the person’s possession—the document or thing has been delivered to a registrar of the Supreme Court; and in all cases— the application has a significant prospect of success; or there is some important question of law involved.\n(sec.205ZH-ssec.4) An application for leave to make an application must state the grounds of the application for leave.\n- (a) a decision of a deciding officer under section 205J (2) that a claim by a person of reasonable excuse not based on privilege is not established; or\n- (b) a decision of a presiding officer under section 205U (2) that a claim by a person of reasonable excuse not based on privilege is not established.\n- (a) the person applies for leave to apply within 7 days after the day the person receives the application notice under the relevant section; and\n- (b) the Supreme Court grants leave to make the application.\n- (a) if the application relates to a document or thing that the person has acknowledged is in the person’s possession—the document or thing has been delivered to a registrar of the Supreme Court; and\n- (b) in all cases— (i) the application has a significant prospect of success; or (ii) there is some important question of law involved.\n- (i) the application has a significant prospect of success; or\n- (ii) there is some important question of law involved.\n- (i) the application has a significant prospect of success; or\n- (ii) there is some important question of law involved.","sortOrder":460},{"sectionNumber":"sec.205ZI","sectionType":"section","heading":"Supreme Court to decide claim","content":"### sec.205ZI Supreme Court to decide claim\n\nThis section applies if leave to make an application about a decision of a deciding officer or presiding officer is granted under section 205ZH .\nThe burden of proof in the application is on the person making the application.\nThe Supreme Court must—\nconsider the claim of reasonable excuse the subject of the decision; and\nhear the person’s submissions and the commission’s submissions.\nThe Supreme Court must deal with the application expeditiously.\nThe Supreme Court may hear the application in any way it considers appropriate, including, for example, by hearing the matter afresh, in whole or part.\nWhen considering the claim, the Supreme Court may access the document, thing or information the subject of the claim.\nThe application is to be heard in closed court.\nSee also section 200A in relation to the confidentiality of proceedings under this section.\nHowever, the Supreme Court may permit another person to be present at a hearing for the application if the court considers it is in the interests of justice to do so.\nOn hearing the application, the Supreme Court may—\norder the person to produce the document, thing or information or answer the question; or\norder the commission to withdraw the requirement to which the claim relates.\nThe Supreme Court must give reasons for the court’s decision, which may be given orally.\nCosts of the application are to be borne by the commission, unless otherwise ordered by the Supreme Court on the ground that the claim is frivolous or vexatious.\ns 205ZI ins 2024 No. 41 s 32\n(sec.205ZI-ssec.1) This section applies if leave to make an application about a decision of a deciding officer or presiding officer is granted under section 205ZH .\n(sec.205ZI-ssec.2) The burden of proof in the application is on the person making the application.\n(sec.205ZI-ssec.3) The Supreme Court must— consider the claim of reasonable excuse the subject of the decision; and hear the person’s submissions and the commission’s submissions.\n(sec.205ZI-ssec.4) The Supreme Court must deal with the application expeditiously.\n(sec.205ZI-ssec.5) The Supreme Court may hear the application in any way it considers appropriate, including, for example, by hearing the matter afresh, in whole or part.\n(sec.205ZI-ssec.6) When considering the claim, the Supreme Court may access the document, thing or information the subject of the claim.\n(sec.205ZI-ssec.7) The application is to be heard in closed court. See also section 200A in relation to the confidentiality of proceedings under this section.\n(sec.205ZI-ssec.8) However, the Supreme Court may permit another person to be present at a hearing for the application if the court considers it is in the interests of justice to do so.\n(sec.205ZI-ssec.9) On hearing the application, the Supreme Court may— order the person to produce the document, thing or information or answer the question; or order the commission to withdraw the requirement to which the claim relates.\n(sec.205ZI-ssec.10) The Supreme Court must give reasons for the court’s decision, which may be given orally.\n(sec.205ZI-ssec.11) Costs of the application are to be borne by the commission, unless otherwise ordered by the Supreme Court on the ground that the claim is frivolous or vexatious.\n- (a) consider the claim of reasonable excuse the subject of the decision; and\n- (b) hear the person’s submissions and the commission’s submissions.\n- (a) order the person to produce the document, thing or information or answer the question; or\n- (b) order the commission to withdraw the requirement to which the claim relates.","sortOrder":461},{"sectionNumber":"ch.4A-pt.3-div.2","sectionType":"division","heading":"Claims of reasonable excuse based on privilege","content":"## Claims of reasonable excuse based on privilege","sortOrder":462},{"sectionNumber":"sec.205ZJ","sectionType":"section","heading":"Applications about decisions of deciding officers and presiding officers","content":"### sec.205ZJ Applications about decisions of deciding officers and presiding officers\n\nThis section applies in relation to—\na decision of a deciding officer or presiding officer under part 2 , division 3 that a claim of reasonable excuse based on privilege is not established; or\na decision of a deciding officer or presiding officer under any of the following sections to make a requirement of a person—\nsection 205ZD (2) ;\nsection 205ZF (2) (a) .\nThe person may apply to the Supreme Court for the court to decide the claim of reasonable excuse based on privilege the subject of the decision.\nThe person must apply within 7 days after the day the person receives the application notice under the relevant section.\nThe person may apply only once under subsection (2) in relation to a particular requirement—\nto produce information or a document or thing; or\nto answer a question.\ns 205ZJ ins 2024 No. 41 s 32\n(sec.205ZJ-ssec.1) This section applies in relation to— a decision of a deciding officer or presiding officer under part 2 , division 3 that a claim of reasonable excuse based on privilege is not established; or a decision of a deciding officer or presiding officer under any of the following sections to make a requirement of a person— section 205ZD (2) ; section 205ZF (2) (a) .\n(sec.205ZJ-ssec.2) The person may apply to the Supreme Court for the court to decide the claim of reasonable excuse based on privilege the subject of the decision.\n(sec.205ZJ-ssec.3) The person must apply within 7 days after the day the person receives the application notice under the relevant section.\n(sec.205ZJ-ssec.4) The person may apply only once under subsection (2) in relation to a particular requirement— to produce information or a document or thing; or to answer a question.\n- (a) a decision of a deciding officer or presiding officer under part 2 , division 3 that a claim of reasonable excuse based on privilege is not established; or\n- (b) a decision of a deciding officer or presiding officer under any of the following sections to make a requirement of a person— (i) section 205ZD (2) ; (ii) section 205ZF (2) (a) .\n- (i) section 205ZD (2) ;\n- (ii) section 205ZF (2) (a) .\n- (i) section 205ZD (2) ;\n- (ii) section 205ZF (2) (a) .\n- (a) to produce information or a document or thing; or\n- (b) to answer a question.","sortOrder":463},{"sectionNumber":"sec.205ZK","sectionType":"section","heading":"Applications after deciding officer or presiding officer declines to decide claim","content":"### sec.205ZK Applications after deciding officer or presiding officer declines to decide claim\n\nThis section applies if—\na deciding officer declines under section 205I to decide a claim of reasonable excuse based on privilege; or\na presiding officer declines under section 205T to decide a claim of reasonable excuse based on privilege.\nThe chairperson may apply to the Supreme Court for the court to decide the claim.\nThe chairperson must apply within 7 days after the day the person making the claim receives the notice under the relevant provision.\ns 205ZK ins 2024 No. 41 s 32\n(sec.205ZK-ssec.1) This section applies if— a deciding officer declines under section 205I to decide a claim of reasonable excuse based on privilege; or a presiding officer declines under section 205T to decide a claim of reasonable excuse based on privilege.\n(sec.205ZK-ssec.2) The chairperson may apply to the Supreme Court for the court to decide the claim.\n(sec.205ZK-ssec.3) The chairperson must apply within 7 days after the day the person making the claim receives the notice under the relevant provision.\n- (a) a deciding officer declines under section 205I to decide a claim of reasonable excuse based on privilege; or\n- (b) a presiding officer declines under section 205T to decide a claim of reasonable excuse based on privilege.","sortOrder":464},{"sectionNumber":"sec.205ZL","sectionType":"section","heading":"Supreme Court to decide claim","content":"### sec.205ZL Supreme Court to decide claim\n\nThis section applies in relation to an application made under section 205ZJ or 205ZK .\nOther than for a claim on the ground of journalist privilege, the burden of proof on the application is on the person who seeks—\nto withhold the document, thing or information; or\nnot to answer the question; or\nto prevent the exercise of authority.\nFor a claim on the ground of journalist privilege—\nthe burden of proof for establishing the claim is on the journalist or relevant person for the journalist; and\nthe burden of proof in relation to the matters mentioned in section 205ZS (1) , other than the establishment of the claim, is on the commission.\nThe Supreme Court must—\nconsider the claim of reasonable excuse based on privilege the subject of the application; and\nhear the person’s submissions and the commission’s submissions; and\ndecide the claim under division 3 .\nThe Supreme Court must deal with the application expeditiously.\nThe Supreme Court may hear the application in any way it considers appropriate, including, for example, by hearing the matter afresh, in whole or part.\nWhen considering the claim, the Supreme Court may access the document, thing or information the subject of the claim.\nThe application is to be heard in closed court.\nSee also section 200A in relation to the confidentiality of proceedings under this section.\nHowever, the Supreme Court may permit another person to be present at a hearing for the application if the court considers it is in the interests of justice to do so.\nThe Supreme Court must give reasons for the court’s decision, which may be given orally.\nCosts of the application are to be borne by the commission, unless otherwise ordered by the Supreme Court on the ground that the claim is frivolous or vexatious.\ns 205ZL ins 2024 No. 41 s 32\n(sec.205ZL-ssec.1) This section applies in relation to an application made under section 205ZJ or 205ZK .\n(sec.205ZL-ssec.2) Other than for a claim on the ground of journalist privilege, the burden of proof on the application is on the person who seeks— to withhold the document, thing or information; or not to answer the question; or to prevent the exercise of authority.\n(sec.205ZL-ssec.3) For a claim on the ground of journalist privilege— the burden of proof for establishing the claim is on the journalist or relevant person for the journalist; and the burden of proof in relation to the matters mentioned in section 205ZS (1) , other than the establishment of the claim, is on the commission.\n(sec.205ZL-ssec.4) The Supreme Court must— consider the claim of reasonable excuse based on privilege the subject of the application; and hear the person’s submissions and the commission’s submissions; and decide the claim under division 3 .\n(sec.205ZL-ssec.5) The Supreme Court must deal with the application expeditiously.\n(sec.205ZL-ssec.6) The Supreme Court may hear the application in any way it considers appropriate, including, for example, by hearing the matter afresh, in whole or part.\n(sec.205ZL-ssec.7) When considering the claim, the Supreme Court may access the document, thing or information the subject of the claim.\n(sec.205ZL-ssec.8) The application is to be heard in closed court. See also section 200A in relation to the confidentiality of proceedings under this section.\n(sec.205ZL-ssec.9) However, the Supreme Court may permit another person to be present at a hearing for the application if the court considers it is in the interests of justice to do so.\n(sec.205ZL-ssec.10) The Supreme Court must give reasons for the court’s decision, which may be given orally.\n(sec.205ZL-ssec.11) Costs of the application are to be borne by the commission, unless otherwise ordered by the Supreme Court on the ground that the claim is frivolous or vexatious.\n- (a) to withhold the document, thing or information; or\n- (b) not to answer the question; or\n- (c) to prevent the exercise of authority.\n- (a) the burden of proof for establishing the claim is on the journalist or relevant person for the journalist; and\n- (b) the burden of proof in relation to the matters mentioned in section 205ZS (1) , other than the establishment of the claim, is on the commission.\n- (a) consider the claim of reasonable excuse based on privilege the subject of the application; and\n- (b) hear the person’s submissions and the commission’s submissions; and\n- (c) decide the claim under division 3 .","sortOrder":465},{"sectionNumber":"ch.4A-pt.3-div.3","sectionType":"division","heading":"Deciding claims of privilege","content":"## Deciding claims of privilege","sortOrder":466},{"sectionNumber":"sec.205ZM","sectionType":"section","heading":"Purpose of division","content":"### sec.205ZM Purpose of division\n\nThis division provides for how claims of privilege being considered by the Supreme Court under the following provisions are decided—\ndivision 2 ;\npart 4 , division 2 ;\npart 6 , division 2 .\ns 205ZM ins 2024 No. 41 s 32\n- (a) division 2 ;\n- (b) part 4 , division 2 ;\n- (c) part 6 , division 2 .","sortOrder":467},{"sectionNumber":"sec.205ZN","sectionType":"section","heading":"Parliamentary privilege","content":"### sec.205ZN Parliamentary privilege\n\nIf the Supreme Court decides a claim on the ground of parliamentary privilege is established, the court must order the commission to withdraw the requirement to which the claim relates.\nIf the Supreme Court decides a claim on the ground of parliamentary privilege is not established, the court must order the person to produce the document, thing or information or answer the question.\ns 205ZN ins 2024 No. 41 s 32\n(sec.205ZN-ssec.1) If the Supreme Court decides a claim on the ground of parliamentary privilege is established, the court must order the commission to withdraw the requirement to which the claim relates.\n(sec.205ZN-ssec.2) If the Supreme Court decides a claim on the ground of parliamentary privilege is not established, the court must order the person to produce the document, thing or information or answer the question.","sortOrder":468},{"sectionNumber":"sec.205ZO","sectionType":"section","heading":"Legal professional privilege","content":"### sec.205ZO Legal professional privilege\n\nIf the Supreme Court decides a claim on the ground of legal professional privilege is established, the court must order the commission to withdraw the requirement to which the claim relates.\nIf the Supreme Court decides a claim on the ground of legal professional privilege is established but the privilege has been waived by a person having authority to waive it, the court must order the person to produce the document, thing or information or answer the question.\nIf the Supreme Court decides a claim on the ground of legal professional privilege is not established, the court must order the person to produce the document, thing or information or answer the question.\ns 205ZO ins 2024 No. 41 s 32\n(sec.205ZO-ssec.1) If the Supreme Court decides a claim on the ground of legal professional privilege is established, the court must order the commission to withdraw the requirement to which the claim relates.\n(sec.205ZO-ssec.2) If the Supreme Court decides a claim on the ground of legal professional privilege is established but the privilege has been waived by a person having authority to waive it, the court must order the person to produce the document, thing or information or answer the question.\n(sec.205ZO-ssec.3) If the Supreme Court decides a claim on the ground of legal professional privilege is not established, the court must order the person to produce the document, thing or information or answer the question.","sortOrder":469},{"sectionNumber":"sec.205ZP","sectionType":"section","heading":"Public interest immunity","content":"### sec.205ZP Public interest immunity\n\nIf the Supreme Court decides a claim on the ground of public interest immunity is established, the court must order the commission to withdraw the requirement to which the claim relates.\nIf the Supreme Court decides a claim on the ground of public interest immunity is not established, the court must order the person to produce the document, thing or information or answer the question.\ns 205ZP ins 2024 No. 41 s 32\n(sec.205ZP-ssec.1) If the Supreme Court decides a claim on the ground of public interest immunity is established, the court must order the commission to withdraw the requirement to which the claim relates.\n(sec.205ZP-ssec.2) If the Supreme Court decides a claim on the ground of public interest immunity is not established, the court must order the person to produce the document, thing or information or answer the question.","sortOrder":470},{"sectionNumber":"sec.205ZQ","sectionType":"section","heading":"Confidentiality","content":"### sec.205ZQ Confidentiality\n\nSubsection (2) applies if the Supreme Court decides a claim on the ground of confidentiality is established and it would not be against the public interest—\nfor a claim related to a requirement to produce a document, thing or information—for the document, thing or information to be produced; or\nfor a claim related to a requirement to answer a question—for the question to be answered.\nThe Supreme Court must order the person—\nto produce the document, thing or information; or\nto answer the question.\nIf the Supreme Court decides the claim is established and it would be against the public interest for the document, thing or information to be produced or question to be answered, the court must order the commission to withdraw the requirement to which the claim relates.\nIf the Supreme Court decides a claim on the ground of confidentiality is not established, the court must order the person to produce the document, thing or information or answer the question.\nThis section does not apply to a claim under section 94 (2) (b) or 111 (3) (b) .\ns 205ZQ ins 2024 No. 41 s 32\n(sec.205ZQ-ssec.1) Subsection (2) applies if the Supreme Court decides a claim on the ground of confidentiality is established and it would not be against the public interest— for a claim related to a requirement to produce a document, thing or information—for the document, thing or information to be produced; or for a claim related to a requirement to answer a question—for the question to be answered.\n(sec.205ZQ-ssec.2) The Supreme Court must order the person— to produce the document, thing or information; or to answer the question.\n(sec.205ZQ-ssec.3) If the Supreme Court decides the claim is established and it would be against the public interest for the document, thing or information to be produced or question to be answered, the court must order the commission to withdraw the requirement to which the claim relates.\n(sec.205ZQ-ssec.4) If the Supreme Court decides a claim on the ground of confidentiality is not established, the court must order the person to produce the document, thing or information or answer the question.\n(sec.205ZQ-ssec.5) This section does not apply to a claim under section 94 (2) (b) or 111 (3) (b) .\n- (a) for a claim related to a requirement to produce a document, thing or information—for the document, thing or information to be produced; or\n- (b) for a claim related to a requirement to answer a question—for the question to be answered.\n- (a) to produce the document, thing or information; or\n- (b) to answer the question.","sortOrder":471},{"sectionNumber":"sec.205ZR","sectionType":"section","heading":"Self-incrimination privilege","content":"### sec.205ZR Self-incrimination privilege\n\nWhether or not the Supreme Court decides a claim on the ground of self-incrimination privilege is established, the court must order the person to produce the document, thing or information or answer the question.\nSee section 197 for a restriction on the use of an answer, document, thing or statement disclosed or produced where a claim of self-incrimination privilege in relation to the answer, document, thing or statement is established.\nThis section does not apply to a claim under section 94 (2) (b) or 111 (3) (b) .\ns 205ZR ins 2024 No. 41 s 32\n(sec.205ZR-ssec.1) Whether or not the Supreme Court decides a claim on the ground of self-incrimination privilege is established, the court must order the person to produce the document, thing or information or answer the question. See section 197 for a restriction on the use of an answer, document, thing or statement disclosed or produced where a claim of self-incrimination privilege in relation to the answer, document, thing or statement is established.\n(sec.205ZR-ssec.2) This section does not apply to a claim under section 94 (2) (b) or 111 (3) (b) .","sortOrder":472},{"sectionNumber":"sec.205ZS","sectionType":"section","heading":"Journalist privilege","content":"### sec.205ZS Journalist privilege\n\nSubsections (2) and (3) apply if the Supreme Court decides a claim made by a journalist or a relevant person for a journalist on the ground of journalist privilege is established in relation to a requirement to produce a document, thing or information or provide information in answer to a question and the public interest in disclosing the identity of the informant the subject of the claim outweighs—\nany likely adverse effect of the disclosure on the informant or another person; and\nthe public interest in—\nthe communication of facts and opinion to the public by the news media; and\nthe ability of the news media to access sources of facts.\nThe Supreme Court—\nmay order the person—\nto produce the document, thing or information; or\nanswer the question; or\notherwise—must order the commission to withdraw the requirement to which the claim relates.\nIn deciding whether to make the order, the Supreme Court may have regard to—\nthe matters mentioned in section 205ZF (3) (a) to (j) ; and\nany other matter the court considers relevant.\nIf the Supreme Court decides a claim on the ground of journalist privilege is not established, the court must order the person to produce the document, thing or information or answer the question.\nThis section does not apply to a claim under section 94 (2) (b) .\ns 205ZS ins 2024 No. 41 s 32\n(sec.205ZS-ssec.1) Subsections (2) and (3) apply if the Supreme Court decides a claim made by a journalist or a relevant person for a journalist on the ground of journalist privilege is established in relation to a requirement to produce a document, thing or information or provide information in answer to a question and the public interest in disclosing the identity of the informant the subject of the claim outweighs— any likely adverse effect of the disclosure on the informant or another person; and the public interest in— the communication of facts and opinion to the public by the news media; and the ability of the news media to access sources of facts.\n(sec.205ZS-ssec.2) The Supreme Court— may order the person— to produce the document, thing or information; or answer the question; or otherwise—must order the commission to withdraw the requirement to which the claim relates.\n(sec.205ZS-ssec.3) In deciding whether to make the order, the Supreme Court may have regard to— the matters mentioned in section 205ZF (3) (a) to (j) ; and any other matter the court considers relevant.\n(sec.205ZS-ssec.4) If the Supreme Court decides a claim on the ground of journalist privilege is not established, the court must order the person to produce the document, thing or information or answer the question.\n(sec.205ZS-ssec.5) This section does not apply to a claim under section 94 (2) (b) .\n- (a) any likely adverse effect of the disclosure on the informant or another person; and\n- (b) the public interest in— (i) the communication of facts and opinion to the public by the news media; and (ii) the ability of the news media to access sources of facts.\n- (i) the communication of facts and opinion to the public by the news media; and\n- (ii) the ability of the news media to access sources of facts.\n- (i) the communication of facts and opinion to the public by the news media; and\n- (ii) the ability of the news media to access sources of facts.\n- (a) may order the person— (i) to produce the document, thing or information; or (ii) answer the question; or\n- (i) to produce the document, thing or information; or\n- (ii) answer the question; or\n- (b) otherwise—must order the commission to withdraw the requirement to which the claim relates.\n- (i) to produce the document, thing or information; or\n- (ii) answer the question; or\n- (a) the matters mentioned in section 205ZF (3) (a) to (j) ; and\n- (b) any other matter the court considers relevant.","sortOrder":473},{"sectionNumber":"ch.4A-pt.3-div.4","sectionType":"division","heading":"Other orders","content":"## Other orders","sortOrder":474},{"sectionNumber":"sec.205ZT","sectionType":"section","heading":"Access to, or return of, documents and things","content":"### sec.205ZT Access to, or return of, documents and things\n\nThis section applies if a document or thing was delivered to a registrar of the Supreme Court under section 205P or 205W .\nThe Supreme Court must make an order directing that the document or thing be given to the commission if—\nthe Supreme Court declines to grant leave to make an application under section 205ZH (2) in relation to the document or thing; or\nthe Supreme Court orders a person under section 205ZI (9) (a) to produce the document or thing to the commission; or\nthe Supreme Court orders a person under division 3 to produce the document or thing to the commission.\nIf the Supreme Court orders the commission under section 205ZI (9) (b) or division 3 to withdraw a requirement in relation to the document or thing, the court must also make an order directing that the document or thing be given to the person.\ns 205ZT ins 2024 No. 41 s 32\n(sec.205ZT-ssec.1) This section applies if a document or thing was delivered to a registrar of the Supreme Court under section 205P or 205W .\n(sec.205ZT-ssec.2) The Supreme Court must make an order directing that the document or thing be given to the commission if— the Supreme Court declines to grant leave to make an application under section 205ZH (2) in relation to the document or thing; or the Supreme Court orders a person under section 205ZI (9) (a) to produce the document or thing to the commission; or the Supreme Court orders a person under division 3 to produce the document or thing to the commission.\n(sec.205ZT-ssec.3) If the Supreme Court orders the commission under section 205ZI (9) (b) or division 3 to withdraw a requirement in relation to the document or thing, the court must also make an order directing that the document or thing be given to the person.\n- (a) the Supreme Court declines to grant leave to make an application under section 205ZH (2) in relation to the document or thing; or\n- (b) the Supreme Court orders a person under section 205ZI (9) (a) to produce the document or thing to the commission; or\n- (c) the Supreme Court orders a person under division 3 to produce the document or thing to the commission.","sortOrder":475},{"sectionNumber":"sec.205ZU","sectionType":"section","heading":"Ancillary orders","content":"### sec.205ZU Ancillary orders\n\nIn addition to any order the Supreme Court may make under this part, the court may make any order the court considers appropriate in the circumstances.\nWithout limiting subsection (1) , the Supreme Court may make an order restricting access to any material, including a document, thing or information given to the court in the proceedings for the application (the relevant material ), including an order that the relevant material—\nis not required to be disclosed to another party; and\nis not to be publicly accessible.\nIn deciding whether to make an order under subsection (2) , the Supreme Court may have regard to whether disclosure of the relevant material would—\nprejudice a proceeding, or an investigation or intelligence operation of the commission or the police service; or\ncause harm or detriment to a person; or\nnot be in the public interest; or\nin the context of a claim of reasonable excuse based on journalist privilege, or a claim of journalist privilege—\ndisclose the identity of the informant as the source of the relevant material; or\nenable the identity of the informant as the source of the relevant material to be ascertained.\ns 205ZU ins 2024 No. 41 s 32\n(sec.205ZU-ssec.1) In addition to any order the Supreme Court may make under this part, the court may make any order the court considers appropriate in the circumstances.\n(sec.205ZU-ssec.2) Without limiting subsection (1) , the Supreme Court may make an order restricting access to any material, including a document, thing or information given to the court in the proceedings for the application (the relevant material ), including an order that the relevant material— is not required to be disclosed to another party; and is not to be publicly accessible.\n(sec.205ZU-ssec.3) In deciding whether to make an order under subsection (2) , the Supreme Court may have regard to whether disclosure of the relevant material would— prejudice a proceeding, or an investigation or intelligence operation of the commission or the police service; or cause harm or detriment to a person; or not be in the public interest; or in the context of a claim of reasonable excuse based on journalist privilege, or a claim of journalist privilege— disclose the identity of the informant as the source of the relevant material; or enable the identity of the informant as the source of the relevant material to be ascertained.\n- (a) is not required to be disclosed to another party; and\n- (b) is not to be publicly accessible.\n- (a) prejudice a proceeding, or an investigation or intelligence operation of the commission or the police service; or\n- (b) cause harm or detriment to a person; or\n- (c) not be in the public interest; or\n- (d) in the context of a claim of reasonable excuse based on journalist privilege, or a claim of journalist privilege— (i) disclose the identity of the informant as the source of the relevant material; or (ii) enable the identity of the informant as the source of the relevant material to be ascertained.\n- (i) disclose the identity of the informant as the source of the relevant material; or\n- (ii) enable the identity of the informant as the source of the relevant material to be ascertained.\n- (i) disclose the identity of the informant as the source of the relevant material; or\n- (ii) enable the identity of the informant as the source of the relevant material to be ascertained.","sortOrder":476},{"sectionNumber":"ch.4A-pt.4","sectionType":"part","heading":"Claims made in relation to search warrants and seizures","content":"# Claims made in relation to search warrants and seizures","sortOrder":477},{"sectionNumber":"ch.4A-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":478},{"sectionNumber":"sec.205ZV","sectionType":"section","heading":"Application of part","content":"### sec.205ZV Application of part\n\nThis part applies in relation to a decision of a commission officer under section 94 (2) (b) or 111 (3) (b) not to withdraw a requirement of a person in relation to a document or thing.\ns 205ZV ins 2024 No. 41 s 32","sortOrder":479},{"sectionNumber":"ch.4A-pt.4-div.2","sectionType":"division","heading":"Supreme Court to decide claim","content":"## Supreme Court to decide claim","sortOrder":480},{"sectionNumber":"sec.205ZW","sectionType":"section","heading":"Applications to Supreme Court","content":"### sec.205ZW Applications to Supreme Court\n\nThe chairperson or the person making the claim of privilege in relation to the document or thing may apply to the Supreme Court to decide whether the claim is established and, if established, whether it is to be upheld.\nThe burden of proof on the application is on the person who seeks to withhold the document or thing or to prevent the exercise of authority.\nThe Supreme Court must—\nconsider the claim of privilege; and\nhear the submissions of the person making the claim and the commission’s submissions; and\ndecide the claim—\nfor a claim under section 94 (2) (b) —under part 3 , division 3 , other than sections 205ZQ to 205ZS ; or\nfor a claim under section 111 (3) (b) —under part 3 , division 3 , other than sections 205ZQ and 205ZR .\nThe Supreme Court may hear the application in any way it considers appropriate.\nThe Supreme Court must give reasons for the court’s decision, which may be given orally.\nCosts of an application are to be borne by the commission, unless otherwise ordered by the Supreme Court on the ground that the claim is frivolous or vexatious.\ns 205ZW ins 2024 No. 41 s 32\n(sec.205ZW-ssec.1) The chairperson or the person making the claim of privilege in relation to the document or thing may apply to the Supreme Court to decide whether the claim is established and, if established, whether it is to be upheld.\n(sec.205ZW-ssec.2) The burden of proof on the application is on the person who seeks to withhold the document or thing or to prevent the exercise of authority.\n(sec.205ZW-ssec.3) The Supreme Court must— consider the claim of privilege; and hear the submissions of the person making the claim and the commission’s submissions; and decide the claim— for a claim under section 94 (2) (b) —under part 3 , division 3 , other than sections 205ZQ to 205ZS ; or for a claim under section 111 (3) (b) —under part 3 , division 3 , other than sections 205ZQ and 205ZR .\n(sec.205ZW-ssec.4) The Supreme Court may hear the application in any way it considers appropriate.\n(sec.205ZW-ssec.5) The Supreme Court must give reasons for the court’s decision, which may be given orally.\n(sec.205ZW-ssec.6) Costs of an application are to be borne by the commission, unless otherwise ordered by the Supreme Court on the ground that the claim is frivolous or vexatious.\n- (a) consider the claim of privilege; and\n- (b) hear the submissions of the person making the claim and the commission’s submissions; and\n- (c) decide the claim— (i) for a claim under section 94 (2) (b) —under part 3 , division 3 , other than sections 205ZQ to 205ZS ; or (ii) for a claim under section 111 (3) (b) —under part 3 , division 3 , other than sections 205ZQ and 205ZR .\n- (i) for a claim under section 94 (2) (b) —under part 3 , division 3 , other than sections 205ZQ to 205ZS ; or\n- (ii) for a claim under section 111 (3) (b) —under part 3 , division 3 , other than sections 205ZQ and 205ZR .\n- (i) for a claim under section 94 (2) (b) —under part 3 , division 3 , other than sections 205ZQ to 205ZS ; or\n- (ii) for a claim under section 111 (3) (b) —under part 3 , division 3 , other than sections 205ZQ and 205ZR .","sortOrder":481},{"sectionNumber":"sec.205ZX","sectionType":"section","heading":"Access to, or return of, documents and things","content":"### sec.205ZX Access to, or return of, documents and things\n\nIf the Supreme Court orders a person under part 3 , division 3 to produce a document or thing to the commission and the document or thing was delivered to a registrar of the Supreme Court under section 205ZZ , the court must also make an order directing that the document or thing be given to the commission.\nIf the Supreme Court orders the commission under part 3 , division 3 to withdraw a requirement in relation to a document or thing and the document or thing was delivered to a registrar of the Supreme Court under section 205ZZ , the court must also make an order directing that the document or thing be given to the person mentioned in section 205ZZ (1) .\ns 205ZX ins 2024 No. 41 s 32\n(sec.205ZX-ssec.1) If the Supreme Court orders a person under part 3 , division 3 to produce a document or thing to the commission and the document or thing was delivered to a registrar of the Supreme Court under section 205ZZ , the court must also make an order directing that the document or thing be given to the commission.\n(sec.205ZX-ssec.2) If the Supreme Court orders the commission under part 3 , division 3 to withdraw a requirement in relation to a document or thing and the document or thing was delivered to a registrar of the Supreme Court under section 205ZZ , the court must also make an order directing that the document or thing be given to the person mentioned in section 205ZZ (1) .","sortOrder":482},{"sectionNumber":"sec.205ZY","sectionType":"section","heading":"Ancillary orders","content":"### sec.205ZY Ancillary orders\n\nIn addition to any order the Supreme Court may make under this part or part 3 , division 3 , the court may make any order the court considers appropriate in the circumstances.\nWithout limiting subsection (1) , the Supreme Court may make an order restricting access to any material, including a document or thing given to the court in the proceedings for the application (the relevant material ), including an order that the relevant material—\nis not required to be disclosed to another party; and\nis not to be publicly accessible.\nIn deciding whether to make an order under subsection (2) , the Supreme Court may have regard to whether disclosure of the relevant material would—\nprejudice a proceeding, or an investigation or intelligence operation of the commission or the police service; or\ncause harm or detriment to a person; or\nnot be in the public interest; or\nin the context of a claim of reasonable excuse based on journalist privilege, or a claim of journalist privilege—\ndisclose the identity of the informant as the source of the relevant material; or\nenable the identity of the informant as the source of the relevant material to be ascertained.\ns 205ZY ins 2024 No. 41 s 32\n(sec.205ZY-ssec.1) In addition to any order the Supreme Court may make under this part or part 3 , division 3 , the court may make any order the court considers appropriate in the circumstances.\n(sec.205ZY-ssec.2) Without limiting subsection (1) , the Supreme Court may make an order restricting access to any material, including a document or thing given to the court in the proceedings for the application (the relevant material ), including an order that the relevant material— is not required to be disclosed to another party; and is not to be publicly accessible.\n(sec.205ZY-ssec.3) In deciding whether to make an order under subsection (2) , the Supreme Court may have regard to whether disclosure of the relevant material would— prejudice a proceeding, or an investigation or intelligence operation of the commission or the police service; or cause harm or detriment to a person; or not be in the public interest; or in the context of a claim of reasonable excuse based on journalist privilege, or a claim of journalist privilege— disclose the identity of the informant as the source of the relevant material; or enable the identity of the informant as the source of the relevant material to be ascertained.\n- (a) is not required to be disclosed to another party; and\n- (b) is not to be publicly accessible.\n- (a) prejudice a proceeding, or an investigation or intelligence operation of the commission or the police service; or\n- (b) cause harm or detriment to a person; or\n- (c) not be in the public interest; or\n- (d) in the context of a claim of reasonable excuse based on journalist privilege, or a claim of journalist privilege— (i) disclose the identity of the informant as the source of the relevant material; or (ii) enable the identity of the informant as the source of the relevant material to be ascertained.\n- (i) disclose the identity of the informant as the source of the relevant material; or\n- (ii) enable the identity of the informant as the source of the relevant material to be ascertained.\n- (i) disclose the identity of the informant as the source of the relevant material; or\n- (ii) enable the identity of the informant as the source of the relevant material to be ascertained.","sortOrder":483},{"sectionNumber":"ch.4A-pt.4-div.3","sectionType":"division","heading":"Procedure for documents and things","content":"## Procedure for documents and things","sortOrder":484},{"sectionNumber":"sec.205ZZ","sectionType":"section","heading":"Procedure for documents and things subject to claim","content":"### sec.205ZZ Procedure for documents and things subject to claim\n\nThis section applies if the document or thing is in a person’s possession or a person acknowledges that the document or thing is in the person’s possession.\nFor subsection (1) , the person may or may not be the person claiming privilege in relation to the document or thing.\nThe commission officer must require the person to seal the document or thing immediately and give it to the commission officer for safekeeping.\nThe person must immediately seal the document or thing under the supervision of the commission’s representative.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nThe commission’s representative and, if practicable, the person must immediately deliver the sealed document or thing to a registrar of the Supreme Court to be held in safe custody.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\ns 205ZZ ins 2024 No. 41 s 32\n(sec.205ZZ-ssec.1) This section applies if the document or thing is in a person’s possession or a person acknowledges that the document or thing is in the person’s possession.\n(sec.205ZZ-ssec.2) For subsection (1) , the person may or may not be the person claiming privilege in relation to the document or thing.\n(sec.205ZZ-ssec.3) The commission officer must require the person to seal the document or thing immediately and give it to the commission officer for safekeeping.\n(sec.205ZZ-ssec.4) The person must immediately seal the document or thing under the supervision of the commission’s representative. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.205ZZ-ssec.5) The commission’s representative and, if practicable, the person must immediately deliver the sealed document or thing to a registrar of the Supreme Court to be held in safe custody. Maximum penalty—85 penalty units or 1 year’s imprisonment.","sortOrder":485},{"sectionNumber":"sec.205ZZA","sectionType":"section","heading":"Action by registrar","content":"### sec.205ZZA Action by registrar\n\nThis section applies if the commission’s representative and, if applicable, the person delivered a sealed document or thing to a registrar of the Supreme Court under section 205ZZ .\nThe registrar must keep the sealed document or thing in safe custody until the first of the following happens—\nthe person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing;\nan application is made to the Supreme Court under section 205ZW to decide the claim of privilege;\nthe end of 3 business days after the day on which the sealed document or thing is given to the registrar.\nThe registrar must—\nif the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing—dispose of the sealed document or thing in the way agreed; or\nif an application is made to the Supreme Court under section 205ZW to decide the claim of privilege—dispose of the sealed document or thing in the way ordered by the court; or\nif subsection (2) (a) does not apply and an application is not made by the end of 3 business days after the day on which the sealed document or thing is given to the registrar—return the sealed document or thing to the person.\ns 205ZZA ins 2024 No. 41 s 32\n(sec.205ZZA-ssec.1) This section applies if the commission’s representative and, if applicable, the person delivered a sealed document or thing to a registrar of the Supreme Court under section 205ZZ .\n(sec.205ZZA-ssec.2) The registrar must keep the sealed document or thing in safe custody until the first of the following happens— the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing; an application is made to the Supreme Court under section 205ZW to decide the claim of privilege; the end of 3 business days after the day on which the sealed document or thing is given to the registrar.\n(sec.205ZZA-ssec.3) The registrar must— if the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing—dispose of the sealed document or thing in the way agreed; or if an application is made to the Supreme Court under section 205ZW to decide the claim of privilege—dispose of the sealed document or thing in the way ordered by the court; or if subsection (2) (a) does not apply and an application is not made by the end of 3 business days after the day on which the sealed document or thing is given to the registrar—return the sealed document or thing to the person.\n- (a) the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing;\n- (b) an application is made to the Supreme Court under section 205ZW to decide the claim of privilege;\n- (c) the end of 3 business days after the day on which the sealed document or thing is given to the registrar.\n- (a) if the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing—dispose of the sealed document or thing in the way agreed; or\n- (b) if an application is made to the Supreme Court under section 205ZW to decide the claim of privilege—dispose of the sealed document or thing in the way ordered by the court; or\n- (c) if subsection (2) (a) does not apply and an application is not made by the end of 3 business days after the day on which the sealed document or thing is given to the registrar—return the sealed document or thing to the person.","sortOrder":486},{"sectionNumber":"ch.4A-pt.5","sectionType":"part","heading":"Procedure for claims of legal professional privilege","content":"# Procedure for claims of legal professional privilege","sortOrder":487},{"sectionNumber":"sec.205ZZB","sectionType":"section","heading":"Application of part","content":"### sec.205ZZB Application of part\n\nThis part applies if—\na person makes a claim of legal professional privilege in relation to a document or thing the person is required to give or produce to the commission, whether or not at a commission hearing; and\neither—\nfor a document or thing not required to be produced at a commission hearing—the commission officer who required the document or thing to be given decides not to withdraw the requirement under section 205G (1) (b) ; or\nfor a document or thing required to be produced at a commission hearing—the presiding officer does not withdraw the requirement under part 2 , division 3 ; and\nthe person has no authority to waive the privilege.\ns 205ZZB ins 2024 No. 41 s 32\n- (a) a person makes a claim of legal professional privilege in relation to a document or thing the person is required to give or produce to the commission, whether or not at a commission hearing; and\n- (b) either— (i) for a document or thing not required to be produced at a commission hearing—the commission officer who required the document or thing to be given decides not to withdraw the requirement under section 205G (1) (b) ; or (ii) for a document or thing required to be produced at a commission hearing—the presiding officer does not withdraw the requirement under part 2 , division 3 ; and\n- (i) for a document or thing not required to be produced at a commission hearing—the commission officer who required the document or thing to be given decides not to withdraw the requirement under section 205G (1) (b) ; or\n- (ii) for a document or thing required to be produced at a commission hearing—the presiding officer does not withdraw the requirement under part 2 , division 3 ; and\n- (c) the person has no authority to waive the privilege.\n- (i) for a document or thing not required to be produced at a commission hearing—the commission officer who required the document or thing to be given decides not to withdraw the requirement under section 205G (1) (b) ; or\n- (ii) for a document or thing required to be produced at a commission hearing—the presiding officer does not withdraw the requirement under part 2 , division 3 ; and","sortOrder":488},{"sectionNumber":"sec.205ZZC","sectionType":"section","heading":"Procedure for claims of legal professional privilege","content":"### sec.205ZZC Procedure for claims of legal professional privilege\n\nFor a document or thing mentioned in section 205ZZB (b) (i) , the person must, if required by the commission officer—\ntell the officer the name and address of the person entitled to waive the privilege; and\nseal the document or thing and give it to the commission for safekeeping.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nFor a document or thing mentioned in section 205ZZB (b) (ii) , the person must, if required by the presiding officer—\ntell the officer the name and address of the person entitled to waive the privilege; and\nseal the document or thing and, at the hearing, give it to the commission for safekeeping.\nMaximum penalty—200 penalty units or 5 years imprisonment.\nAn offence against subsection (2) is a misdemeanour.\nThe commission officer or presiding officer must—\ngive the person a receipt for the sealed document or thing; and\nplace it in safe custody at the commission’s place of business at the earliest reasonable opportunity.\nA person must not open the sealed document or thing unless authorised to open it under this Act or a court order.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\ns 205ZZC ins 2024 No. 41 s 32\n(sec.205ZZC-ssec.1) For a document or thing mentioned in section 205ZZB (b) (i) , the person must, if required by the commission officer— tell the officer the name and address of the person entitled to waive the privilege; and seal the document or thing and give it to the commission for safekeeping. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.205ZZC-ssec.2) For a document or thing mentioned in section 205ZZB (b) (ii) , the person must, if required by the presiding officer— tell the officer the name and address of the person entitled to waive the privilege; and seal the document or thing and, at the hearing, give it to the commission for safekeeping. Maximum penalty—200 penalty units or 5 years imprisonment.\n(sec.205ZZC-ssec.3) An offence against subsection (2) is a misdemeanour.\n(sec.205ZZC-ssec.4) The commission officer or presiding officer must— give the person a receipt for the sealed document or thing; and place it in safe custody at the commission’s place of business at the earliest reasonable opportunity.\n(sec.205ZZC-ssec.5) A person must not open the sealed document or thing unless authorised to open it under this Act or a court order. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n- (a) tell the officer the name and address of the person entitled to waive the privilege; and\n- (b) seal the document or thing and give it to the commission for safekeeping.\n- (a) tell the officer the name and address of the person entitled to waive the privilege; and\n- (b) seal the document or thing and, at the hearing, give it to the commission for safekeeping.\n- (a) give the person a receipt for the sealed document or thing; and\n- (b) place it in safe custody at the commission’s place of business at the earliest reasonable opportunity.","sortOrder":489},{"sectionNumber":"sec.205ZZD","sectionType":"section","heading":"Access to sealed document or thing","content":"### sec.205ZZD Access to sealed document or thing\n\nThis section applies in relation to a sealed document or thing given to the commission under section 205ZZC .\nThe commission must return the sealed document or thing to the person who gave it to the commission if—\nin the context of a witness protection function—the chairperson or the person entitled to waive the privilege has not, within 3 months after the day on which the sealed document or thing was given to the commission, made an application under subsection (3) ; or\notherwise—the commission has not, within 3 months after the day on which the sealed document or thing was given to the commission, given the person entitled to waive the privilege a notice to attend a hearing to produce the sealed document or thing.\nIn the context of a witness protection function, the chairperson or the person entitled to waive the privilege may apply to the Supreme Court for the court to decide whether a claim of legal professional privilege in relation to the sealed document or thing is established.\nSections 205ZL and 205ZO apply to an application made under subsection (3) .\nIf the Supreme Court decides that the claim of legal professional privilege in relation to the sealed document or thing is established, the court must make an order that the sealed document or thing be given to the person.\nIf the Supreme Court decides that the claim of legal professional privilege in relation to the sealed document or thing is not established, the court must make an order that the commission may access the sealed document or thing.\ns 205ZZD ins 2024 No. 41 s 32\n(sec.205ZZD-ssec.1) This section applies in relation to a sealed document or thing given to the commission under section 205ZZC .\n(sec.205ZZD-ssec.2) The commission must return the sealed document or thing to the person who gave it to the commission if— in the context of a witness protection function—the chairperson or the person entitled to waive the privilege has not, within 3 months after the day on which the sealed document or thing was given to the commission, made an application under subsection (3) ; or otherwise—the commission has not, within 3 months after the day on which the sealed document or thing was given to the commission, given the person entitled to waive the privilege a notice to attend a hearing to produce the sealed document or thing.\n(sec.205ZZD-ssec.3) In the context of a witness protection function, the chairperson or the person entitled to waive the privilege may apply to the Supreme Court for the court to decide whether a claim of legal professional privilege in relation to the sealed document or thing is established.\n(sec.205ZZD-ssec.4) Sections 205ZL and 205ZO apply to an application made under subsection (3) .\n(sec.205ZZD-ssec.5) If the Supreme Court decides that the claim of legal professional privilege in relation to the sealed document or thing is established, the court must make an order that the sealed document or thing be given to the person.\n(sec.205ZZD-ssec.6) If the Supreme Court decides that the claim of legal professional privilege in relation to the sealed document or thing is not established, the court must make an order that the commission may access the sealed document or thing.\n- (a) in the context of a witness protection function—the chairperson or the person entitled to waive the privilege has not, within 3 months after the day on which the sealed document or thing was given to the commission, made an application under subsection (3) ; or\n- (b) otherwise—the commission has not, within 3 months after the day on which the sealed document or thing was given to the commission, given the person entitled to waive the privilege a notice to attend a hearing to produce the sealed document or thing.","sortOrder":490},{"sectionNumber":"ch.4A-pt.6","sectionType":"part","heading":"Claims made in confiscation related investigations","content":"# Claims made in confiscation related investigations","sortOrder":491},{"sectionNumber":"ch.4A-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":492},{"sectionNumber":"sec.205ZZE","sectionType":"section","heading":"Application of part","content":"### sec.205ZZE Application of part\n\nThis part applies if a person claims privilege under section 81A (1) in relation to a requirement to produce a document or thing under a notice to produce.\nThis part also applies if a person claims privilege under 110A(3) in relation to a document or thing found at a place that a commission officer proposed to seize.\nHowever, sections 205ZZF and 205ZZG apply only to claims of privilege under section 81A (1) .\nIn this part, a reference to a requirement in relation to a document or thing includes a reference to a commission officer exercising a power under section 110A (2) in relation to the document or thing.\ns 205ZZE ins 2024 No. 41 s 32\n(sec.205ZZE-ssec.1) This part applies if a person claims privilege under section 81A (1) in relation to a requirement to produce a document or thing under a notice to produce.\n(sec.205ZZE-ssec.2) This part also applies if a person claims privilege under 110A(3) in relation to a document or thing found at a place that a commission officer proposed to seize. However, sections 205ZZF and 205ZZG apply only to claims of privilege under section 81A (1) .\n(sec.205ZZE-ssec.3) In this part, a reference to a requirement in relation to a document or thing includes a reference to a commission officer exercising a power under section 110A (2) in relation to the document or thing.","sortOrder":493},{"sectionNumber":"sec.205ZZF","sectionType":"section","heading":"Commission officer to consider claim made under s 81A","content":"### sec.205ZZF Commission officer to consider claim made under s 81A\n\nThis section applies if the person claims privilege under section 81A (1) in relation to a requirement to produce a document or thing under a notice to produce.\nThe commission officer who required the document or thing to be given must consider the claim and may—\ndecide to withdraw the requirement in relation to which the claim is made; or\ndecide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZZH .\ns 205ZZF ins 2024 No. 41 s 32\n(sec.205ZZF-ssec.1) This section applies if the person claims privilege under section 81A (1) in relation to a requirement to produce a document or thing under a notice to produce.\n(sec.205ZZF-ssec.2) The commission officer who required the document or thing to be given must consider the claim and may— decide to withdraw the requirement in relation to which the claim is made; or decide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZZH .\n- (a) decide to withdraw the requirement in relation to which the claim is made; or\n- (b) decide not to withdraw the requirement and advise the person that the person may apply to, or be required to attend before, the Supreme Court to establish the claim under section 205ZZH .","sortOrder":494},{"sectionNumber":"sec.205ZZG","sectionType":"section","heading":"Procedure for claims of legal professional privilege if person has no authority to waive privilege","content":"### sec.205ZZG Procedure for claims of legal professional privilege if person has no authority to waive privilege\n\nThis section applies if—\na person makes a claim of legal professional privilege under section 81A (1) in relation to a requirement to produce a document or thing under a notice to produce; and\nthe person has no authority to waive the privilege.\nThe person must, if required by the commission officer identified in the notice to produce—\ntell the officer the name and address of the person entitled to waive the privilege; and\nseal the document or thing and give it to the commission for safekeeping.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nThe commission officer must—\ngive the person a receipt for the sealed document or thing; and\nplace it in safe custody at the commission’s place of business at the earliest reasonable opportunity.\nA person must not open the sealed document or thing unless authorised to open it under this Act or a court order.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nThe commission must return the sealed document or thing to the person who gave it to the commission if the chairperson has not, within 3 months after the day on which the sealed document or thing was given to the commission, made an application under section 205ZZH .\nIf the chairperson or the person makes an application under section 205ZZH , the commission’s representative must immediately deliver the sealed document or thing to a registrar of the Supreme Court to be held in safe custody.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nThe commission’s representative must notify the person that the sealed document or thing has been delivered to the registrar.\nThe registrar must keep the sealed document or thing in safe custody until—\nthe person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing; or\nthe application under section 205ZZH is decided by the Supreme Court.\nThe registrar must—\nif the person and the commission’s representative give the registrar notice that agreement on the disposal of the sealed document or thing has been reached—dispose of the sealed document or thing in the way agreed; or\nif the application under section 205ZZH is decided by the Supreme Court—dispose of the sealed document or thing in the way ordered by the court.\ns 205ZZG ins 2024 No. 41 s 32\n(sec.205ZZG-ssec.1) This section applies if— a person makes a claim of legal professional privilege under section 81A (1) in relation to a requirement to produce a document or thing under a notice to produce; and the person has no authority to waive the privilege.\n(sec.205ZZG-ssec.2) The person must, if required by the commission officer identified in the notice to produce— tell the officer the name and address of the person entitled to waive the privilege; and seal the document or thing and give it to the commission for safekeeping. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.205ZZG-ssec.3) The commission officer must— give the person a receipt for the sealed document or thing; and place it in safe custody at the commission’s place of business at the earliest reasonable opportunity.\n(sec.205ZZG-ssec.4) A person must not open the sealed document or thing unless authorised to open it under this Act or a court order. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.205ZZG-ssec.5) The commission must return the sealed document or thing to the person who gave it to the commission if the chairperson has not, within 3 months after the day on which the sealed document or thing was given to the commission, made an application under section 205ZZH .\n(sec.205ZZG-ssec.6) If the chairperson or the person makes an application under section 205ZZH , the commission’s representative must immediately deliver the sealed document or thing to a registrar of the Supreme Court to be held in safe custody. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.205ZZG-ssec.7) The commission’s representative must notify the person that the sealed document or thing has been delivered to the registrar.\n(sec.205ZZG-ssec.8) The registrar must keep the sealed document or thing in safe custody until— the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing; or the application under section 205ZZH is decided by the Supreme Court.\n(sec.205ZZG-ssec.9) The registrar must— if the person and the commission’s representative give the registrar notice that agreement on the disposal of the sealed document or thing has been reached—dispose of the sealed document or thing in the way agreed; or if the application under section 205ZZH is decided by the Supreme Court—dispose of the sealed document or thing in the way ordered by the court.\n- (a) a person makes a claim of legal professional privilege under section 81A (1) in relation to a requirement to produce a document or thing under a notice to produce; and\n- (b) the person has no authority to waive the privilege.\n- (a) tell the officer the name and address of the person entitled to waive the privilege; and\n- (b) seal the document or thing and give it to the commission for safekeeping.\n- (a) give the person a receipt for the sealed document or thing; and\n- (b) place it in safe custody at the commission’s place of business at the earliest reasonable opportunity.\n- (a) the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing; or\n- (b) the application under section 205ZZH is decided by the Supreme Court.\n- (a) if the person and the commission’s representative give the registrar notice that agreement on the disposal of the sealed document or thing has been reached—dispose of the sealed document or thing in the way agreed; or\n- (b) if the application under section 205ZZH is decided by the Supreme Court—dispose of the sealed document or thing in the way ordered by the court.","sortOrder":495},{"sectionNumber":"ch.4A-pt.6-div.2","sectionType":"division","heading":"Supreme Court to decide claim","content":"## Supreme Court to decide claim","sortOrder":496},{"sectionNumber":"sec.205ZZH","sectionType":"section","heading":"Applications to Supreme Court","content":"### sec.205ZZH Applications to Supreme Court\n\nThe chairperson or the person making the claim of privilege in relation to a document or thing may apply to the Supreme Court to decide whether the claim is established and, if established, whether it is to be upheld.\nIn subsection (1) , a reference to the person making the claim of privilege in relation to a document or thing includes a reference to a person mentioned in 205ZZG(2)(a) who is entitled to waive legal professional privilege in relation to the document or thing.\nOther than for a claim on the ground of journalist privilege, the burden of proof on the application is on the person who seeks to withhold the document or thing or to prevent the exercise of authority.\nFor a claim on the ground of journalist privilege—\nthe burden of proof for establishing the claim is on the journalist or relevant person for the journalist; and\nthe burden of proof in relation to the matters mentioned in section 205ZS (1) , other than the establishment of the claim, is on the commission.\nThe Supreme Court must—\nconsider the claim of privilege; and\nhear the submissions of the person making the claim and the commission’s submissions; and\ndecide the claim—\nif the claim was made under section 81A (1) —under part 3 , division 3 ; or\nif the claim was made under section 110A (3) —under part 3 , division 3 , other than sections 205ZQ and 205ZR .\nThe Supreme Court may hear the application in any way it considers appropriate.\nThe Supreme Court must give reasons for the court’s decision, which may be given orally.\nCosts of an application are to be borne by the commission, unless otherwise ordered by the court on the ground that the claim is frivolous or vexatious.\ns 205ZZH ins 2024 No. 41 s 32\n(sec.205ZZH-ssec.1) The chairperson or the person making the claim of privilege in relation to a document or thing may apply to the Supreme Court to decide whether the claim is established and, if established, whether it is to be upheld.\n(sec.205ZZH-ssec.2) In subsection (1) , a reference to the person making the claim of privilege in relation to a document or thing includes a reference to a person mentioned in 205ZZG(2)(a) who is entitled to waive legal professional privilege in relation to the document or thing.\n(sec.205ZZH-ssec.3) Other than for a claim on the ground of journalist privilege, the burden of proof on the application is on the person who seeks to withhold the document or thing or to prevent the exercise of authority.\n(sec.205ZZH-ssec.4) For a claim on the ground of journalist privilege— the burden of proof for establishing the claim is on the journalist or relevant person for the journalist; and the burden of proof in relation to the matters mentioned in section 205ZS (1) , other than the establishment of the claim, is on the commission.\n(sec.205ZZH-ssec.5) The Supreme Court must— consider the claim of privilege; and hear the submissions of the person making the claim and the commission’s submissions; and decide the claim— if the claim was made under section 81A (1) —under part 3 , division 3 ; or if the claim was made under section 110A (3) —under part 3 , division 3 , other than sections 205ZQ and 205ZR .\n(sec.205ZZH-ssec.6) The Supreme Court may hear the application in any way it considers appropriate.\n(sec.205ZZH-ssec.7) The Supreme Court must give reasons for the court’s decision, which may be given orally.\n(sec.205ZZH-ssec.8) Costs of an application are to be borne by the commission, unless otherwise ordered by the court on the ground that the claim is frivolous or vexatious.\n- (a) the burden of proof for establishing the claim is on the journalist or relevant person for the journalist; and\n- (b) the burden of proof in relation to the matters mentioned in section 205ZS (1) , other than the establishment of the claim, is on the commission.\n- (a) consider the claim of privilege; and\n- (b) hear the submissions of the person making the claim and the commission’s submissions; and\n- (c) decide the claim— (i) if the claim was made under section 81A (1) —under part 3 , division 3 ; or (ii) if the claim was made under section 110A (3) —under part 3 , division 3 , other than sections 205ZQ and 205ZR .\n- (i) if the claim was made under section 81A (1) —under part 3 , division 3 ; or\n- (ii) if the claim was made under section 110A (3) —under part 3 , division 3 , other than sections 205ZQ and 205ZR .\n- (i) if the claim was made under section 81A (1) —under part 3 , division 3 ; or\n- (ii) if the claim was made under section 110A (3) —under part 3 , division 3 , other than sections 205ZQ and 205ZR .","sortOrder":497},{"sectionNumber":"sec.205ZZI","sectionType":"section","heading":"Access to, or return of, documents and things","content":"### sec.205ZZI Access to, or return of, documents and things\n\nIf the Supreme Court orders a person under part 3 , division 3 to produce a document or thing to the commission and the document or thing was delivered to a registrar of the court under section 205ZZG or 205ZZK , the court must also make an order directing that the document or thing be given to the commission.\nIf the Supreme Court orders the commission under part 3 , division 3 to withdraw a requirement in relation to a document or thing and the document or thing was delivered to a registrar of the court under section 205ZZG or 205ZZK , the court must also make an order directing that the document or thing be given to the person mentioned in the relevant section.\ns 205ZZI ins 2024 No. 41 s 32\n(sec.205ZZI-ssec.1) If the Supreme Court orders a person under part 3 , division 3 to produce a document or thing to the commission and the document or thing was delivered to a registrar of the court under section 205ZZG or 205ZZK , the court must also make an order directing that the document or thing be given to the commission.\n(sec.205ZZI-ssec.2) If the Supreme Court orders the commission under part 3 , division 3 to withdraw a requirement in relation to a document or thing and the document or thing was delivered to a registrar of the court under section 205ZZG or 205ZZK , the court must also make an order directing that the document or thing be given to the person mentioned in the relevant section.","sortOrder":498},{"sectionNumber":"sec.205ZZJ","sectionType":"section","heading":"Ancillary orders","content":"### sec.205ZZJ Ancillary orders\n\nIn addition to any order the Supreme Court may make under this part and part 3 , division 3 , the court may make any order the court considers appropriate in the circumstances.\nWithout limiting subsection (1) , the Supreme Court may make an order restricting access to any material, including a document or thing given to the court in the proceedings for the application (the relevant material ), including an order that the relevant material—\nis not required to be disclosed to another party; and\nis not to be publicly accessible.\nIn deciding whether to make an order under subsection (2) , the Supreme Court may have regard to whether disclosure of the relevant material would—\nprejudice a proceeding, or an investigation or intelligence operation of the commission or the police service; or\ncause harm or detriment to a person; or\nnot be in the public interest; or\nin the context of a claim of reasonable excuse based on journalist privilege, or a claim of journalist privilege—\ndisclose the identity of the informant as the source of the relevant material; or\nenable the identity of the informant as the source of the relevant material to be ascertained.\ns 205ZZJ ins 2024 No. 41 s 32\n(sec.205ZZJ-ssec.1) In addition to any order the Supreme Court may make under this part and part 3 , division 3 , the court may make any order the court considers appropriate in the circumstances.\n(sec.205ZZJ-ssec.2) Without limiting subsection (1) , the Supreme Court may make an order restricting access to any material, including a document or thing given to the court in the proceedings for the application (the relevant material ), including an order that the relevant material— is not required to be disclosed to another party; and is not to be publicly accessible.\n(sec.205ZZJ-ssec.3) In deciding whether to make an order under subsection (2) , the Supreme Court may have regard to whether disclosure of the relevant material would— prejudice a proceeding, or an investigation or intelligence operation of the commission or the police service; or cause harm or detriment to a person; or not be in the public interest; or in the context of a claim of reasonable excuse based on journalist privilege, or a claim of journalist privilege— disclose the identity of the informant as the source of the relevant material; or enable the identity of the informant as the source of the relevant material to be ascertained.\n- (a) is not required to be disclosed to another party; and\n- (b) is not to be publicly accessible.\n- (a) prejudice a proceeding, or an investigation or intelligence operation of the commission or the police service; or\n- (b) cause harm or detriment to a person; or\n- (c) not be in the public interest; or\n- (d) in the context of a claim of reasonable excuse based on journalist privilege, or a claim of journalist privilege— (i) disclose the identity of the informant as the source of the relevant material; or (ii) enable the identity of the informant as the source of the relevant material to be ascertained.\n- (i) disclose the identity of the informant as the source of the relevant material; or\n- (ii) enable the identity of the informant as the source of the relevant material to be ascertained.\n- (i) disclose the identity of the informant as the source of the relevant material; or\n- (ii) enable the identity of the informant as the source of the relevant material to be ascertained.","sortOrder":499},{"sectionNumber":"ch.4A-pt.6-div.3","sectionType":"division","heading":"Procedure for documents and things","content":"## Procedure for documents and things","sortOrder":500},{"sectionNumber":"sec.205ZZK","sectionType":"section","heading":"Procedure for documents and things subject to claim","content":"### sec.205ZZK Procedure for documents and things subject to claim\n\nThis section applies if—\nthe document or thing is in a person’s possession or a person acknowledges that the document or thing is in the person’s possession; and\nthe commission officer decides not to withdraw the requirement in relation to the document or thing under section 110A (3) (b) or 205ZZF (2) (b) ; and\nsection 205ZZG does not apply.\nFor subsection (1) , the person may or may not be the person claiming privilege in relation to the document or thing.\nThe commission officer must require the person to seal the document or thing immediately and give it to the commission officer for safekeeping.\nThe person must immediately seal the document or thing under the supervision of the commission’s representative.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nThe commission’s representative and, if practicable, the person must immediately deliver the sealed document or thing to a registrar of the Supreme Court to be held in safe custody.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\ns 205ZZK ins 2024 No. 41 s 32\n(sec.205ZZK-ssec.1) This section applies if— the document or thing is in a person’s possession or a person acknowledges that the document or thing is in the person’s possession; and the commission officer decides not to withdraw the requirement in relation to the document or thing under section 110A (3) (b) or 205ZZF (2) (b) ; and section 205ZZG does not apply.\n(sec.205ZZK-ssec.2) For subsection (1) , the person may or may not be the person claiming privilege in relation to the document or thing.\n(sec.205ZZK-ssec.3) The commission officer must require the person to seal the document or thing immediately and give it to the commission officer for safekeeping.\n(sec.205ZZK-ssec.4) The person must immediately seal the document or thing under the supervision of the commission’s representative. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.205ZZK-ssec.5) The commission’s representative and, if practicable, the person must immediately deliver the sealed document or thing to a registrar of the Supreme Court to be held in safe custody. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n- (a) the document or thing is in a person’s possession or a person acknowledges that the document or thing is in the person’s possession; and\n- (b) the commission officer decides not to withdraw the requirement in relation to the document or thing under section 110A (3) (b) or 205ZZF (2) (b) ; and\n- (c) section 205ZZG does not apply.","sortOrder":501},{"sectionNumber":"sec.205ZZL","sectionType":"section","heading":"Action by registrar","content":"### sec.205ZZL Action by registrar\n\nThis section applies if the commission’s representative and, if applicable, the person delivered a sealed document or thing to a registrar of the Supreme Court under section 205ZZK .\nThe registrar must keep the sealed document or thing in safe custody until the first of the following happens—\nthe person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing;\nan application is made to the Supreme Court under section 205ZZH to decide the claim of privilege;\nthe end of 3 business days after the day on which the sealed document or thing is given to the registrar.\nThe registrar must—\nif the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing—dispose of the sealed document or thing in the way agreed; or\nif an application is made to the Supreme Court under section 205ZZH to decide the claim of privilege—dispose of the sealed document or thing in the way ordered by the court; or\nif subsection (2) (a) does not apply and an application is not made by the end of 3 business days after the day on which the sealed document or thing is given to the registrar—return the sealed document or thing to the person.\ns 205ZZL ins 2024 No. 41 s 32\n(sec.205ZZL-ssec.1) This section applies if the commission’s representative and, if applicable, the person delivered a sealed document or thing to a registrar of the Supreme Court under section 205ZZK .\n(sec.205ZZL-ssec.2) The registrar must keep the sealed document or thing in safe custody until the first of the following happens— the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing; an application is made to the Supreme Court under section 205ZZH to decide the claim of privilege; the end of 3 business days after the day on which the sealed document or thing is given to the registrar.\n(sec.205ZZL-ssec.3) The registrar must— if the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing—dispose of the sealed document or thing in the way agreed; or if an application is made to the Supreme Court under section 205ZZH to decide the claim of privilege—dispose of the sealed document or thing in the way ordered by the court; or if subsection (2) (a) does not apply and an application is not made by the end of 3 business days after the day on which the sealed document or thing is given to the registrar—return the sealed document or thing to the person.\n- (a) the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing;\n- (b) an application is made to the Supreme Court under section 205ZZH to decide the claim of privilege;\n- (c) the end of 3 business days after the day on which the sealed document or thing is given to the registrar.\n- (a) if the person and the commission’s representative give the registrar notice that agreement has been reached on the disposal of the sealed document or thing—dispose of the sealed document or thing in the way agreed; or\n- (b) if an application is made to the Supreme Court under section 205ZZH to decide the claim of privilege—dispose of the sealed document or thing in the way ordered by the court; or\n- (c) if subsection (2) (a) does not apply and an application is not made by the end of 3 business days after the day on which the sealed document or thing is given to the registrar—return the sealed document or thing to the person.","sortOrder":502},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":503},{"sectionNumber":"sec.206","sectionType":"section","heading":"Application of Criminal Code","content":"### sec.206 Application of Criminal Code\n\nThe Criminal Code , sections 120 , 123 , 123A , 124 , 125 , 126 , 127 , 128 , 129 and 130 ( identified provisions ) apply, with necessary changes, to commission hearings under this Act.\nWithout limiting subsection (1) , for applying the identified provisions to a commission hearing—\nthe hearing is a judicial proceeding; and\nthe presiding officer conducting the hearing is the holder of a judicial office; and\na reference to judicial capacity is a reference to capacity as a presiding officer conducting a hearing; and\na reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and\na reference to a witness is a reference to a person from whom the presiding officer conducting the hearing may obtain information; and\na reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and\na reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and\na reference to a tribunal is a reference to the presiding officer conducting the hearing.\n(sec.206-ssec.1) The Criminal Code , sections 120 , 123 , 123A , 124 , 125 , 126 , 127 , 128 , 129 and 130 ( identified provisions ) apply, with necessary changes, to commission hearings under this Act.\n(sec.206-ssec.2) Without limiting subsection (1) , for applying the identified provisions to a commission hearing— the hearing is a judicial proceeding; and the presiding officer conducting the hearing is the holder of a judicial office; and a reference to judicial capacity is a reference to capacity as a presiding officer conducting a hearing; and a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and a reference to a witness is a reference to a person from whom the presiding officer conducting the hearing may obtain information; and a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and a reference to a tribunal is a reference to the presiding officer conducting the hearing.\n- (a) the hearing is a judicial proceeding; and\n- (b) the presiding officer conducting the hearing is the holder of a judicial office; and\n- (c) a reference to judicial capacity is a reference to capacity as a presiding officer conducting a hearing; and\n- (d) a reference to the giving or withholding of testimony is a reference to the giving or withholding of information; and\n- (e) a reference to a witness is a reference to a person from whom the presiding officer conducting the hearing may obtain information; and\n- (f) a reference to being required or used in evidence is a reference to being required or used for the obtaining of information; and\n- (g) a reference to being summoned to attend as a witness is a reference to being asked or required to attend to give information; and\n- (h) a reference to a tribunal is a reference to the presiding officer conducting the hearing.","sortOrder":504},{"sectionNumber":"sec.207","sectionType":"section","heading":"Pretending to be a commission officer","content":"### sec.207 Pretending to be a commission officer\n\nA person must not pretend to be a commission officer.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.","sortOrder":505},{"sectionNumber":"sec.208","sectionType":"section","heading":"Abuse of office in commission","content":"### sec.208 Abuse of office in commission\n\nA commission officer who corruptly asks for, receives or obtains, or agrees or attempts to receive or obtain, a benefit of any kind with a view to the officer neglecting the officer’s duty, or being influenced in the discharge of the officer’s duty commits a crime.\nMaximum penalty—595 penalty units or 7 years imprisonment.\nA commission officer who uses or takes advantage of the office to improperly gain benefit for the officer or another person or to facilitate the commission of an offence commits a crime.\nMaximum penalty—595 penalty units or 7 years imprisonment.\nA person contravening subsection (1) or (2) can not be arrested without warrant.\ns 208 amd 2014 No. 21 s 94 (1) sch 1 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.208-ssec.1) A commission officer who corruptly asks for, receives or obtains, or agrees or attempts to receive or obtain, a benefit of any kind with a view to the officer neglecting the officer’s duty, or being influenced in the discharge of the officer’s duty commits a crime. Maximum penalty—595 penalty units or 7 years imprisonment.\n(sec.208-ssec.2) A commission officer who uses or takes advantage of the office to improperly gain benefit for the officer or another person or to facilitate the commission of an offence commits a crime. Maximum penalty—595 penalty units or 7 years imprisonment.\n(sec.208-ssec.3) A person contravening subsection (1) or (2) can not be arrested without warrant.","sortOrder":506},{"sectionNumber":"sec.209","sectionType":"section","heading":"Bribery of commission officer","content":"### sec.209 Bribery of commission officer\n\nA person who corruptly gives to, confers on, or procures for, a commission officer a benefit of any kind, or promises to do so, with a view to—\nthe officer neglecting the officer’s duty; or\ninfluencing the officer in the discharge of the officer’s duty; or\nthe officer using or taking advantage of the office to facilitate the commission of an offence;\ncommits a crime.\nMaximum penalty—595 penalty units or 7 years imprisonment.\nA person contravening subsection (1) can not be arrested without warrant.\ns 209 amd 2014 No. 21 s 94 (1) sch 1 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.209-ssec.1) A person who corruptly gives to, confers on, or procures for, a commission officer a benefit of any kind, or promises to do so, with a view to— the officer neglecting the officer’s duty; or influencing the officer in the discharge of the officer’s duty; or the officer using or taking advantage of the office to facilitate the commission of an offence; commits a crime. Maximum penalty—595 penalty units or 7 years imprisonment.\n(sec.209-ssec.2) A person contravening subsection (1) can not be arrested without warrant.\n- (a) the officer neglecting the officer’s duty; or\n- (b) influencing the officer in the discharge of the officer’s duty; or\n- (c) the officer using or taking advantage of the office to facilitate the commission of an offence;","sortOrder":507},{"sectionNumber":"sec.210","sectionType":"section","heading":"Obstruction or delay of commission procedures","content":"### sec.210 Obstruction or delay of commission procedures\n\nA person who, with intent to obstruct or delay the performance of a function by the commission or the exercise of a power by a commission officer—\nfabricates any relevant record or thing; or\ndestroys or alters any relevant record or thing; or\nsends any relevant record or thing out of the State;\ncommits a misdemeanour.\nMaximum penalty—255 penalty units or 3 years imprisonment.\n- (a) fabricates any relevant record or thing; or\n- (b) destroys or alters any relevant record or thing; or\n- (c) sends any relevant record or thing out of the State;","sortOrder":508},{"sectionNumber":"sec.211","sectionType":"section","heading":"Injury or detriment to witness","content":"### sec.211 Injury or detriment to witness\n\nA person who injures or threatens to injure, or causes or threatens to cause detriment of any kind, to another person because—\nthe other person, or someone else, appeared as a witness before the commission; or\nthe other person, or someone else, gave, or is to give, evidence before the commission; or\nthe other person, or someone else, complied with, or is about to comply with, a notice under section 81F ;\ncommits a misdemeanour.\nMaximum penalty—255 penalty units or 3 years imprisonment.\ns 211 amd 2024 No. 41 s 33\n- (a) the other person, or someone else, appeared as a witness before the commission; or\n- (b) the other person, or someone else, gave, or is to give, evidence before the commission; or\n- (c) the other person, or someone else, complied with, or is about to comply with, a notice under section 81F ;","sortOrder":509},{"sectionNumber":"sec.212","sectionType":"section","heading":"Offence of victimisation","content":"### sec.212 Offence of victimisation\n\nA person must not—\nprejudice, or threaten to prejudice, the safety or career of any person; or\nintimidate or harass, or threaten to intimidate or harass, any person; or\ndo an act that is, or is likely to be, to the detriment of any person;\nbecause the person mentioned in paragraph (a) , (b) or (c) , or someone else, gave evidence to, or helped, the commission in the performance of its functions.\nMaximum penalty—85 penalty units.\ns 212 amd 2002 No. 68 s 283 sch 3\n- (a) prejudice, or threaten to prejudice, the safety or career of any person; or\n- (b) intimidate or harass, or threaten to intimidate or harass, any person; or\n- (c) do an act that is, or is likely to be, to the detriment of any person;","sortOrder":510},{"sectionNumber":"sec.213","sectionType":"section","heading":"Secrecy","content":"### sec.213 Secrecy\n\nThis section applies to a person who is or was—\na relevant official; or\na member of the reference committee; or\na person to whom information is given either by the commission or by a person mentioned in paragraph (a) or (b) on the understanding, express or implied, that the information is confidential.\nA person must not make a record of, or wilfully disclose, information that has come to the person’s knowledge because the person is or was a person to whom this section applies.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nHowever, a person does not contravene subsection (2) if—\nin the case of a record—\nthe record is made for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or\nthe making of the record was lawful under a repealed Act; or\nin the case of a disclosure—\nthe disclosure is made—\nfor the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or\nat the direction of the parliamentary commissioner under chapter 6 , part 4 ; or\nthe disclosure was lawful under a repealed Act; or\nin the case of a record or a disclosure—the information was publicly available.\nA person may not be required to produce in any court a document that has come into the person’s possession, or to disclose to any court a matter or thing that has come to the person’s notice, because the person is or was a person to whom this section applies, unless—\nthe commission, or a commissioner in the commissioner’s official capacity, or the chief executive officer in the chief executive officer’s official capacity, is a party to the relevant proceeding; or\nit is necessary to produce the document or disclose the matter or thing—\nto give effect to this Act; or\nfor a prosecution started as a result of an investigation conducted by the commission.\nIn this section—\ncommission officer includes a person who was an assistant commissioner or part-time commissioner under this Act as in force before the commencement of this definition.\ncourt includes a tribunal, authority or person having power to require the production of documents or the answering of questions.\nproduce includes permit access to.\nrelevant official means a person who is or was one of the following—\na commission officer;\na member of the parliamentary committee;\nthe parliamentary commissioner;\nan officer of the parliamentary service;\na person appointed, engaged or assigned to help the parliamentary committee or the parliamentary commissioner;\nthe public interest monitor;\na person mentioned in section 132 of the repealed Criminal Justice Act 1989 ;\na person to whom section 126 of the repealed Crime Commission Act 1997 applied.\nrepealed Act means—\nrepealed Criminal Justice Act 1989 ;\nrepealed Crime Commission Act 1997 .\ns 213 amd 2006 No. 41 s 19 ; 2011 No. 43 s 20 ; 2014 No. 21 s 27 ; 2016 No. 19 s 15 ; 2016 No. 62 s 51\n(sec.213-ssec.1) This section applies to a person who is or was— a relevant official; or a member of the reference committee; or a person to whom information is given either by the commission or by a person mentioned in paragraph (a) or (b) on the understanding, express or implied, that the information is confidential.\n(sec.213-ssec.2) A person must not make a record of, or wilfully disclose, information that has come to the person’s knowledge because the person is or was a person to whom this section applies. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.213-ssec.3) However, a person does not contravene subsection (2) if— in the case of a record— the record is made for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or the making of the record was lawful under a repealed Act; or in the case of a disclosure— the disclosure is made— for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or the disclosure was lawful under a repealed Act; or in the case of a record or a disclosure—the information was publicly available.\n(sec.213-ssec.4) A person may not be required to produce in any court a document that has come into the person’s possession, or to disclose to any court a matter or thing that has come to the person’s notice, because the person is or was a person to whom this section applies, unless— the commission, or a commissioner in the commissioner’s official capacity, or the chief executive officer in the chief executive officer’s official capacity, is a party to the relevant proceeding; or it is necessary to produce the document or disclose the matter or thing— to give effect to this Act; or for a prosecution started as a result of an investigation conducted by the commission.\n(sec.213-ssec.5) In this section— commission officer includes a person who was an assistant commissioner or part-time commissioner under this Act as in force before the commencement of this definition. court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. produce includes permit access to. relevant official means a person who is or was one of the following— a commission officer; a member of the parliamentary committee; the parliamentary commissioner; an officer of the parliamentary service; a person appointed, engaged or assigned to help the parliamentary committee or the parliamentary commissioner; the public interest monitor; a person mentioned in section 132 of the repealed Criminal Justice Act 1989 ; a person to whom section 126 of the repealed Crime Commission Act 1997 applied. repealed Act means— repealed Criminal Justice Act 1989 ; repealed Crime Commission Act 1997 .\n- (a) a relevant official; or\n- (b) a member of the reference committee; or\n- (c) a person to whom information is given either by the commission or by a person mentioned in paragraph (a) or (b) on the understanding, express or implied, that the information is confidential.\n- (a) in the case of a record— (i) the record is made for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or (ii) the making of the record was lawful under a repealed Act; or\n- (i) the record is made for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or\n- (ii) the making of the record was lawful under a repealed Act; or\n- (b) in the case of a disclosure— (i) the disclosure is made— (A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or (B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or (ii) the disclosure was lawful under a repealed Act; or\n- (i) the disclosure is made— (A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or (B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or\n- (A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or\n- (B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or\n- (ii) the disclosure was lawful under a repealed Act; or\n- (c) in the case of a record or a disclosure—the information was publicly available.\n- (i) the record is made for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or\n- (ii) the making of the record was lawful under a repealed Act; or\n- (i) the disclosure is made— (A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or (B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or\n- (A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or\n- (B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or\n- (ii) the disclosure was lawful under a repealed Act; or\n- (A) for the purposes of the commission, this Act, the parliamentary committee, the parliamentary commissioner or an investigation of an alleged contravention of this section; or\n- (B) at the direction of the parliamentary commissioner under chapter 6 , part 4 ; or\n- (a) the commission, or a commissioner in the commissioner’s official capacity, or the chief executive officer in the chief executive officer’s official capacity, is a party to the relevant proceeding; or\n- (b) it is necessary to produce the document or disclose the matter or thing— (i) to give effect to this Act; or (ii) for a prosecution started as a result of an investigation conducted by the commission.\n- (i) to give effect to this Act; or\n- (ii) for a prosecution started as a result of an investigation conducted by the commission.\n- (i) to give effect to this Act; or\n- (ii) for a prosecution started as a result of an investigation conducted by the commission.\n- (a) a commission officer;\n- (b) a member of the parliamentary committee;\n- (c) the parliamentary commissioner;\n- (d) an officer of the parliamentary service;\n- (e) a person appointed, engaged or assigned to help the parliamentary committee or the parliamentary commissioner;\n- (f) the public interest monitor;\n- (g) a person mentioned in section 132 of the repealed Criminal Justice Act 1989 ;\n- (h) a person to whom section 126 of the repealed Crime Commission Act 1997 applied.\n- (a) repealed Criminal Justice Act 1989 ;\n- (b) repealed Crime Commission Act 1997 .","sortOrder":511},{"sectionNumber":"sec.214","sectionType":"section","heading":"Unauthorised publication of commission reports and other restricted information","content":"### sec.214 Unauthorised publication of commission reports and other restricted information\n\nA person must not publish or give a commission report to which section 69 applies to anyone unless—\nthe report has been published by order of the Legislative Assembly or is taken to have been so published; or\nits publication is otherwise authorised under this Act.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nA person who is given restricted information by the commission under chapter 2 , part 6 , division 4A must not disclose the information to anyone else unless the person has a reasonable excuse.\ngiving restricted information to the person’s lawyer for the purpose of obtaining legal advice\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nIn this section—\ncommission report includes an extract from a commission report.\ndisclose includes publish and give access to.\ninformation includes a document.\npublic statement includes part of a public statement.\nrestricted information means—\na copy of a commission report, or a public statement, in draft form; or\nany evidence and other information or material relating to a report or statement mentioned in paragraph (a) .\nrelated evidence under section 69A\ns 214 amd 2003 No. 8 s 17 sch ; 2025 No. 7 s 24\n(sec.214-ssec.1) A person must not publish or give a commission report to which section 69 applies to anyone unless— the report has been published by order of the Legislative Assembly or is taken to have been so published; or its publication is otherwise authorised under this Act. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.214-ssec.2) A person who is given restricted information by the commission under chapter 2 , part 6 , division 4A must not disclose the information to anyone else unless the person has a reasonable excuse. giving restricted information to the person’s lawyer for the purpose of obtaining legal advice Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.214-ssec.3) In this section— commission report includes an extract from a commission report. disclose includes publish and give access to. information includes a document. public statement includes part of a public statement. restricted information means— a copy of a commission report, or a public statement, in draft form; or any evidence and other information or material relating to a report or statement mentioned in paragraph (a) . related evidence under section 69A\n- (a) the report has been published by order of the Legislative Assembly or is taken to have been so published; or\n- (b) its publication is otherwise authorised under this Act.\n- (a) a copy of a commission report, or a public statement, in draft form; or\n- (b) any evidence and other information or material relating to a report or statement mentioned in paragraph (a) . Example for paragraph (b) — related evidence under section 69A","sortOrder":512},{"sectionNumber":"sec.215","sectionType":"section","heading":"Resisting exercise of powers","content":"### sec.215 Resisting exercise of powers\n\nA person must not wilfully obstruct a commission officer in the exercise of a power conferred on the officer by this Act.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.","sortOrder":513},{"sectionNumber":"sec.216","sectionType":"section","heading":"Frivolous complaint","content":"### sec.216 Frivolous complaint\n\nThe commission may give notice to a person that a complaint about, or information or matter (also a complaint ) involving, corruption made by the person to the commission will not be investigated or further investigated by the commission because it appears to concern frivolous matter.\nThe notice must advise the person that if the person again makes the same or substantially the same complaint to the commission the person commits an offence punishable by a fine of 85 penalty units or 1 year’s imprisonment or both.\nA person who, after receiving the notice mentioned in subsection (2) , again makes the same or substantially the same complaint to the commission commits an offence.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nIt is a defence to prove that the complaint did not concern frivolous matter.\nIn this section—\nmake , a complaint to the commission, means—\nmake a complaint to the commission under section 36 ; or\nmake a complaint to another entity that is under an obligation to refer the complaint to the commission; or\ncause a complaint to be referred to the commission.\ns 216 amd 2002 No. 68 s 283 sch 3 ; 2014 No. 21 s 28\n(sec.216-ssec.1) The commission may give notice to a person that a complaint about, or information or matter (also a complaint ) involving, corruption made by the person to the commission will not be investigated or further investigated by the commission because it appears to concern frivolous matter.\n(sec.216-ssec.2) The notice must advise the person that if the person again makes the same or substantially the same complaint to the commission the person commits an offence punishable by a fine of 85 penalty units or 1 year’s imprisonment or both.\n(sec.216-ssec.3) A person who, after receiving the notice mentioned in subsection (2) , again makes the same or substantially the same complaint to the commission commits an offence. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.216-ssec.4) It is a defence to prove that the complaint did not concern frivolous matter.\n(sec.216-ssec.5) In this section— make , a complaint to the commission, means— make a complaint to the commission under section 36 ; or make a complaint to another entity that is under an obligation to refer the complaint to the commission; or cause a complaint to be referred to the commission.\n- (a) make a complaint to the commission under section 36 ; or\n- (b) make a complaint to another entity that is under an obligation to refer the complaint to the commission; or\n- (c) cause a complaint to be referred to the commission.","sortOrder":514},{"sectionNumber":"sec.216A","sectionType":"section","heading":"Other improper complaints","content":"### sec.216A Other improper complaints\n\nA person commits an offence if the person—\nmakes a complaint to the commission—\nvexatiously; or\nnot in good faith; or\nprimarily for a mischievous purpose; or\nrecklessly or maliciously; or\ncounsels or procures another person to make a complaint to the commission as mentioned in paragraph (a) .\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nIn this section—\nmake , a complaint to the commission, means—\nmake a complaint, or give information or matter, to the commission under section 36 ; or\nmake a complaint, or give information or matter, to another entity that is under an obligation to refer the complaint, information or matter to the commission; or\ncause a complaint, or information or matter, to be referred to the commission.\ns 216A ins 2014 No. 21 s 29\n(sec.216A-ssec.1) A person commits an offence if the person— makes a complaint to the commission— vexatiously; or not in good faith; or primarily for a mischievous purpose; or recklessly or maliciously; or counsels or procures another person to make a complaint to the commission as mentioned in paragraph (a) . Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.216A-ssec.2) In this section— make , a complaint to the commission, means— make a complaint, or give information or matter, to the commission under section 36 ; or make a complaint, or give information or matter, to another entity that is under an obligation to refer the complaint, information or matter to the commission; or cause a complaint, or information or matter, to be referred to the commission.\n- (a) makes a complaint to the commission— (i) vexatiously; or (ii) not in good faith; or (iii) primarily for a mischievous purpose; or (iv) recklessly or maliciously; or\n- (i) vexatiously; or\n- (ii) not in good faith; or\n- (iii) primarily for a mischievous purpose; or\n- (iv) recklessly or maliciously; or\n- (b) counsels or procures another person to make a complaint to the commission as mentioned in paragraph (a) .\n- (i) vexatiously; or\n- (ii) not in good faith; or\n- (iii) primarily for a mischievous purpose; or\n- (iv) recklessly or maliciously; or\n- (a) make a complaint, or give information or matter, to the commission under section 36 ; or\n- (b) make a complaint, or give information or matter, to another entity that is under an obligation to refer the complaint, information or matter to the commission; or\n- (c) cause a complaint, or information or matter, to be referred to the commission.","sortOrder":515},{"sectionNumber":"sec.217","sectionType":"section","heading":"False or misleading statements","content":"### sec.217 False or misleading statements\n\nA person must not state anything to the commission the person knows is false or misleading in a material particular.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nIt is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\nA court may order that a person who contravenes subsection (1) must pay an amount of compensation to the commission, whether or not the court also imposes a penalty for the contravention.\nThe amount of the compensation must be a reasonable amount for the cost of any investigation made or other action taken by the commission because of the false statement.\nWithout limiting the ways a person may state a thing to the commission, a person states a thing to the commission if the person states the thing to an entity that is under an obligation to advise the commission of the thing, whether or not the person intended that the commission be advised of the statement.\n(sec.217-ssec.1) A person must not state anything to the commission the person knows is false or misleading in a material particular. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.217-ssec.2) It is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.217-ssec.3) A court may order that a person who contravenes subsection (1) must pay an amount of compensation to the commission, whether or not the court also imposes a penalty for the contravention.\n(sec.217-ssec.4) The amount of the compensation must be a reasonable amount for the cost of any investigation made or other action taken by the commission because of the false statement.\n(sec.217-ssec.5) Without limiting the ways a person may state a thing to the commission, a person states a thing to the commission if the person states the thing to an entity that is under an obligation to advise the commission of the thing, whether or not the person intended that the commission be advised of the statement.","sortOrder":516},{"sectionNumber":"sec.218","sectionType":"section","heading":"False or misleading documents","content":"### sec.218 False or misleading documents\n\nA person must not give the commission a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the commission, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information, gives the correct information.\nIt is enough for a complaint for an offence against subsection (1) to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.\nA court may order that a person who contravenes subsection (1) must pay an amount of compensation to the commission, whether or not the court also imposes a penalty for the contravention.\nThe amount of the compensation must be a reasonable amount for the cost of any investigation made or other action taken by the commission because of the false document.\nWithout limiting the ways a person may give a document to the commission, a person gives a document to the commission if the person gives the document to an entity that is under an obligation to give the document to the commission, whether or not the person intended that the document be given to the commission.\nIn this section—\ngive , a document to the commission, includes cause the document to be given to the commission.\n(sec.218-ssec.1) A person must not give the commission a document containing information the person knows is false or misleading in a material particular. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.218-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the commission, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information, gives the correct information.\n(sec.218-ssec.3) It is enough for a complaint for an offence against subsection (1) to state the document was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.218-ssec.4) A court may order that a person who contravenes subsection (1) must pay an amount of compensation to the commission, whether or not the court also imposes a penalty for the contravention.\n(sec.218-ssec.5) The amount of the compensation must be a reasonable amount for the cost of any investigation made or other action taken by the commission because of the false document.\n(sec.218-ssec.6) Without limiting the ways a person may give a document to the commission, a person gives a document to the commission if the person gives the document to an entity that is under an obligation to give the document to the commission, whether or not the person intended that the document be given to the commission.\n(sec.218-ssec.7) In this section— give , a document to the commission, includes cause the document to be given to the commission.\n- (a) tells the commission, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information, gives the correct information.","sortOrder":517},{"sectionNumber":"sec.219","sectionType":"section","heading":"Proceedings for an offence","content":"### sec.219 Proceedings for an offence\n\nSubject to subsection (2) , a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following—\n1 year after the offence is committed;\n6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\nA proceeding for an indictable offence may, at the election of the prosecution, be taken—\nby way of summary proceedings under subsection (1) ; or\non indictment.\nA proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding—\nfor the summary conviction of the person; or\nfor an examination of witnesses in relation to the charge.\nIf a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\nIf—\na person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or\nthe magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment;\nthe magistrate—\nmust not decide the charge as a summary offence; and\nmust proceed by way of a committal proceeding.\nIf a magistrate acts under subsection (5) —\nany plea of the person charged, made at the start of the proceeding, must be disregarded; and\nany evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be imposed on a summary conviction of an indictable offence is 85 penalty units or 1 year’s imprisonment.\n(sec.219-ssec.1) Subject to subsection (2) , a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following— 1 year after the offence is committed; 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.219-ssec.2) A proceeding for an indictable offence may, at the election of the prosecution, be taken— by way of summary proceedings under subsection (1) ; or on indictment.\n(sec.219-ssec.3) A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of the person; or for an examination of witnesses in relation to the charge.\n(sec.219-ssec.4) If a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.219-ssec.5) If— a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment; the magistrate— must not decide the charge as a summary offence; and must proceed by way of a committal proceeding.\n(sec.219-ssec.6) If a magistrate acts under subsection (5) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\n(sec.219-ssec.7) The maximum penalty that may be imposed on a summary conviction of an indictable offence is 85 penalty units or 1 year’s imprisonment.\n- (a) 1 year after the offence is committed;\n- (b) 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) by way of summary proceedings under subsection (1) ; or\n- (b) on indictment.\n- (a) for the summary conviction of the person; or\n- (b) for an examination of witnesses in relation to the charge.\n- (a) a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or\n- (b) the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment;\n- (c) must not decide the charge as a summary offence; and\n- (d) must proceed by way of a committal proceeding.\n- (a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and\n- (b) any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (c) before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .","sortOrder":518},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Disciplinary proceedings relating to corruption etc.—particular prescribed persons","content":"# Disciplinary proceedings relating to corruption etc.—particular prescribed persons","sortOrder":519},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":520},{"sectionNumber":"sec.219A","sectionType":"section","heading":"Purposes of disciplinary proceedings","content":"### sec.219A Purposes of disciplinary proceedings\n\nThe purposes of providing for disciplinary proceedings are—\nto protect the public; and\nto uphold ethical standards within units of public administration and the police service; and\nto promote and maintain public confidence in the public sector.\ns 219A ins 2009 No. 24 s 1405\n- (a) to protect the public; and\n- (b) to uphold ethical standards within units of public administration and the police service; and\n- (c) to promote and maintain public confidence in the public sector.","sortOrder":521},{"sectionNumber":"sec.219B","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.219B Definitions for pt 2\n\nIn this part—\ndisciplinary proceeding means—\na proceeding under section 219F for corrupt conduct alleged to have been committed by a prescribed person; or\na proceeding under section 219FA or 219G for a reviewable decision.\ns 219B def disciplinary proceeding amd 2014 No. 21 s 94 (1) sch 1 ; 2019 No. 32 s 32 sch 1\nformer officer see the Police Service Administration Act 1990 , section 7A .1(1)(b).\ns 219B def former officer ins 2019 No. 32 s 21\nindustrial matter means an industrial matter within the meaning of the Industrial Relations Act 2016 .\ns 219B def industrial matter amd 2016 No. 63 s 1157 sch 6\nofficer means a police officer within the meaning of the Police Service Administration Act 1990 and includes a police recruit within the meaning of that Act.\nreviewable decision see section 219BA .\ns 219B def reviewable decision sub 2009 No. 25 s 57\ns 219B ins 2009 No. 24 s 1405\n- (a) a proceeding under section 219F for corrupt conduct alleged to have been committed by a prescribed person; or\n- (b) a proceeding under section 219FA or 219G for a reviewable decision.","sortOrder":522},{"sectionNumber":"sec.219BA","sectionType":"section","heading":"Meaning of reviewable decision","content":"### sec.219BA Meaning of reviewable decision\n\nA reviewable decision means—\na decision made in relation to an allegation of corruption against a prescribed person, other than a decision—\nmade by a court or QCAT; or\nmade by a prescribed officer under the Police Service Administration Act 1990 , part 7 ; or\na decision under the Police Service Administration Act 1990 , part 7A to make a disciplinary finding or disciplinary declaration against a former officer; or\na decision under the Police Service Administration Act 1990 , part 7A to do neither of the following in relation to a former officer—\ngive the former officer a written notice under section 7A .3(1)(a) of that Act;\nhold a disciplinary hearing under section 7A .3(1)(b) of that Act.\nIn this section—\ndecision , made in relation to a disciplinary allegation of corruption, if a disciplinary declaration is made, includes the disciplinary declaration.\nA reviewable decision may also involve a failure to make a disciplinary declaration.\ndisciplinary declaration means a disciplinary declaration made under—\nthe Public Sector Act 2022 , section 95 ; or\nthe Police Service Administration Act 1990 , section 7A .2(2).\nprescribed person , in relation to a prescribed person mentioned in section 50 (3) , definition prescribed person , paragraphs (a) (ii) and (b)(ii), means—\na prescribed person against whom a disciplinary declaration has been made; or\nin relation to a proceeding for a reviewable decision started by the commission under section 219G —\na prescribed person mentioned in paragraph (a) ; or\na prescribed person against whom a disciplinary declaration has not been made if a ground of review states that a disciplinary declaration should have been made.\ns 219BA ins 2009 No. 25 s 58\namd 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 19 ; 2019 No. 32 s 22 ; 2022 No. 34 s 365 sch 3\n(sec.219BA-ssec.1) A reviewable decision means— a decision made in relation to an allegation of corruption against a prescribed person, other than a decision— made by a court or QCAT; or made by a prescribed officer under the Police Service Administration Act 1990 , part 7 ; or a decision under the Police Service Administration Act 1990 , part 7A to make a disciplinary finding or disciplinary declaration against a former officer; or a decision under the Police Service Administration Act 1990 , part 7A to do neither of the following in relation to a former officer— give the former officer a written notice under section 7A .3(1)(a) of that Act; hold a disciplinary hearing under section 7A .3(1)(b) of that Act.\n(sec.219BA-ssec.2) In this section— decision , made in relation to a disciplinary allegation of corruption, if a disciplinary declaration is made, includes the disciplinary declaration. A reviewable decision may also involve a failure to make a disciplinary declaration. disciplinary declaration means a disciplinary declaration made under— the Public Sector Act 2022 , section 95 ; or the Police Service Administration Act 1990 , section 7A .2(2). prescribed person , in relation to a prescribed person mentioned in section 50 (3) , definition prescribed person , paragraphs (a) (ii) and (b)(ii), means— a prescribed person against whom a disciplinary declaration has been made; or in relation to a proceeding for a reviewable decision started by the commission under section 219G — a prescribed person mentioned in paragraph (a) ; or a prescribed person against whom a disciplinary declaration has not been made if a ground of review states that a disciplinary declaration should have been made.\n- (a) a decision made in relation to an allegation of corruption against a prescribed person, other than a decision— (i) made by a court or QCAT; or (ii) made by a prescribed officer under the Police Service Administration Act 1990 , part 7 ; or\n- (i) made by a court or QCAT; or\n- (ii) made by a prescribed officer under the Police Service Administration Act 1990 , part 7 ; or\n- (b) a decision under the Police Service Administration Act 1990 , part 7A to make a disciplinary finding or disciplinary declaration against a former officer; or\n- (c) a decision under the Police Service Administration Act 1990 , part 7A to do neither of the following in relation to a former officer— (i) give the former officer a written notice under section 7A .3(1)(a) of that Act; (ii) hold a disciplinary hearing under section 7A .3(1)(b) of that Act.\n- (i) give the former officer a written notice under section 7A .3(1)(a) of that Act;\n- (ii) hold a disciplinary hearing under section 7A .3(1)(b) of that Act.\n- (i) made by a court or QCAT; or\n- (ii) made by a prescribed officer under the Police Service Administration Act 1990 , part 7 ; or\n- (i) give the former officer a written notice under section 7A .3(1)(a) of that Act;\n- (ii) hold a disciplinary hearing under section 7A .3(1)(b) of that Act.\n- (a) the Public Sector Act 2022 , section 95 ; or\n- (b) the Police Service Administration Act 1990 , section 7A .2(2).\n- (a) a prescribed person against whom a disciplinary declaration has been made; or\n- (b) in relation to a proceeding for a reviewable decision started by the commission under section 219G — (i) a prescribed person mentioned in paragraph (a) ; or (ii) a prescribed person against whom a disciplinary declaration has not been made if a ground of review states that a disciplinary declaration should have been made.\n- (i) a prescribed person mentioned in paragraph (a) ; or\n- (ii) a prescribed person against whom a disciplinary declaration has not been made if a ground of review states that a disciplinary declaration should have been made.\n- (i) a prescribed person mentioned in paragraph (a) ; or\n- (ii) a prescribed person against whom a disciplinary declaration has not been made if a ground of review states that a disciplinary declaration should have been made.","sortOrder":523},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"QCAT’s jurisdiction","content":"## QCAT’s jurisdiction","sortOrder":524},{"sectionNumber":"sec.219C","sectionType":"section","heading":"Jurisdiction","content":"### sec.219C Jurisdiction\n\nQCAT has jurisdiction to conduct disciplinary proceedings.\ns 219C ins 2009 No. 24 s 1405","sortOrder":525},{"sectionNumber":"sec.219D","sectionType":"section","heading":"Jurisdiction relating to allegations of corrupt conduct against prescribed persons is exclusive","content":"### sec.219D Jurisdiction relating to allegations of corrupt conduct against prescribed persons is exclusive\n\nAn allegation of corrupt conduct against a prescribed person may only be heard and decided by QCAT.\nSubsection (1) applies to the exclusion of authority given by law to any other person or tribunal to hear and decide, at first instance, an allegation of corrupt conduct made against a prescribed person.\ns 219D ins 2009 No. 24 s 1405\namd 2014 No. 21 s 94 (1) sch 1\n(sec.219D-ssec.1) An allegation of corrupt conduct against a prescribed person may only be heard and decided by QCAT.\n(sec.219D-ssec.2) Subsection (1) applies to the exclusion of authority given by law to any other person or tribunal to hear and decide, at first instance, an allegation of corrupt conduct made against a prescribed person.","sortOrder":526},{"sectionNumber":"sec.219DA","sectionType":"section","heading":"QCAT hearing in relation to prescribed person whose employment or appointment has ended","content":"### sec.219DA QCAT hearing in relation to prescribed person whose employment or appointment has ended\n\nTo remove any doubt, it is declared that QCAT may hear and decide, or continue to hear and decide, an allegation of corrupt conduct brought against a prescribed person defined in section 50 (3) , definition prescribed person , paragraph (a) (ii) or (b)(ii), despite the person’s employment or appointment having ended—\nbefore or during the QCAT hearing; or\nafter the hearing and before QCAT makes its decision.\ns 219DA ins 2009 No. 25 s 59\namd 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 20\n- (a) before or during the QCAT hearing; or\n- (b) after the hearing and before QCAT makes its decision.","sortOrder":527},{"sectionNumber":"sec.219E","sectionType":"section","heading":"Relationship with Industrial Relations Act 2016","content":"### sec.219E Relationship with Industrial Relations Act 2016\n\nThe industrial court and the industrial relations commission do not have jurisdiction in relation to a matter that QCAT may decide for this Act even though it may be, or be about, or arise out of, an industrial matter.\ns 219E ins 2009 No. 24 s 1405\namd 2016 No. 63 s 1157 sch 6","sortOrder":528},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":529},{"sectionNumber":"sec.219F","sectionType":"section","heading":"Proceedings relating to corrupt conduct","content":"### sec.219F Proceedings relating to corrupt conduct\n\nThe commission or the chief executive officer of a unit of public administration (including the commissioner of the police service) may apply, as provided under the QCAT Act , to QCAT to hear and decide an allegation of corrupt conduct against a prescribed person.\ns 219F ins 2009 No. 24 s 1405\namd 2014 No. 21 s 94 (1) sch 1","sortOrder":530},{"sectionNumber":"sec.219FA","sectionType":"section","heading":"Proceedings relating to particular reviewable decisions about former officers","content":"### sec.219FA Proceedings relating to particular reviewable decisions about former officers\n\nThis section applies in relation to a reviewable decision mentioned in section 219BA (1) (c) .\nThe commission may apply to QCAT, as provided under subsection (3) , for a review of the reviewable decision.\nThe application must be made—\nwithin 28 days after the commission becomes aware of the decision; and\nas otherwise provided under the QCAT Act .\nThe commission must, within the period mentioned in the QCAT Act , section 37 (2) , give the former officer a copy of the application.\nSubsection (4) does not limit the QCAT Act , section 37 (2) .\nThe parties to the proceeding are—\nthe commission; and\nthe person who made the reviewable decision; and\nif the former officer to whom the reviewable decision relates elects to become a party to the proceeding—the former officer.\nNotice of an election under subsection (6) (c) must be given—\nto QCAT, the commission and the person who made the reviewable decision; and\nwithin 14 days after the former officer is given notice of the application for review under subsection (4) .\ns 219FA ins 2019 No. 32 s 22A\n(sec.219FA-ssec.1) This section applies in relation to a reviewable decision mentioned in section 219BA (1) (c) .\n(sec.219FA-ssec.2) The commission may apply to QCAT, as provided under subsection (3) , for a review of the reviewable decision.\n(sec.219FA-ssec.3) The application must be made— within 28 days after the commission becomes aware of the decision; and as otherwise provided under the QCAT Act .\n(sec.219FA-ssec.4) The commission must, within the period mentioned in the QCAT Act , section 37 (2) , give the former officer a copy of the application.\n(sec.219FA-ssec.5) Subsection (4) does not limit the QCAT Act , section 37 (2) .\n(sec.219FA-ssec.6) The parties to the proceeding are— the commission; and the person who made the reviewable decision; and if the former officer to whom the reviewable decision relates elects to become a party to the proceeding—the former officer.\n(sec.219FA-ssec.7) Notice of an election under subsection (6) (c) must be given— to QCAT, the commission and the person who made the reviewable decision; and within 14 days after the former officer is given notice of the application for review under subsection (4) .\n- (a) within 28 days after the commission becomes aware of the decision; and\n- (b) as otherwise provided under the QCAT Act .\n- (a) the commission; and\n- (b) the person who made the reviewable decision; and\n- (c) if the former officer to whom the reviewable decision relates elects to become a party to the proceeding—the former officer.\n- (a) to QCAT, the commission and the person who made the reviewable decision; and\n- (b) within 14 days after the former officer is given notice of the application for review under subsection (4) .","sortOrder":531},{"sectionNumber":"sec.219G","sectionType":"section","heading":"Proceedings relating to other reviewable decisions","content":"### sec.219G Proceedings relating to other reviewable decisions\n\nThis section applies in relation to a reviewable decision mentioned in section 219BA (1) (a) or (b) .\nThe commission or a prescribed person against whom the reviewable decision has been made may apply, within the period mentioned in subsection (2) and otherwise as provided under the QCAT Act , to QCAT for a review of the reviewable decision.\nThe application must be made—\nif the reviewable decision relates to a decision mentioned in section 219BA (1) (b) —within 28 days after the day on which notice of the decision or finding was given; or\notherwise—within 28 days after the day on which the reviewable decision was announced.\nThe parties to a proceeding are—\nthe prescribed person; and\nthe person who made the reviewable decision; and\nif the application is made by the commission—the commission.\ns 219G ins 2009 No. 24 s 1405\namd 2009 No. 25 s 60 ; 2018 No. 29 s 21 ; 2019 No. 32 s 23\n(sec.219G-ssec.1A) This section applies in relation to a reviewable decision mentioned in section 219BA (1) (a) or (b) .\n(sec.219G-ssec.1) The commission or a prescribed person against whom the reviewable decision has been made may apply, within the period mentioned in subsection (2) and otherwise as provided under the QCAT Act , to QCAT for a review of the reviewable decision.\n(sec.219G-ssec.2) The application must be made— if the reviewable decision relates to a decision mentioned in section 219BA (1) (b) —within 28 days after the day on which notice of the decision or finding was given; or otherwise—within 28 days after the day on which the reviewable decision was announced.\n(sec.219G-ssec.3) The parties to a proceeding are— the prescribed person; and the person who made the reviewable decision; and if the application is made by the commission—the commission.\n- (a) if the reviewable decision relates to a decision mentioned in section 219BA (1) (b) —within 28 days after the day on which notice of the decision or finding was given; or\n- (b) otherwise—within 28 days after the day on which the reviewable decision was announced.\n- (a) the prescribed person; and\n- (b) the person who made the reviewable decision; and\n- (c) if the application is made by the commission—the commission.","sortOrder":532},{"sectionNumber":"sec.219H","sectionType":"section","heading":"Conduct of proceedings relating to reviewable decisions","content":"### sec.219H Conduct of proceedings relating to reviewable decisions\n\nA review of a reviewable decision is by way of rehearing on the evidence ( original evidence ) given in the proceeding before the original decision-maker ( original proceeding ).\nHowever, QCAT may give leave to adduce fresh, additional or substituted evidence ( new evidence ) if satisfied—\nthe person seeking to adduce the new evidence did not know, or could not reasonably be expected to have known, of its existence at the original proceeding; or\nin the special circumstances of the case, it would be unfair not to allow the person to adduce the new evidence.\nIf QCAT gives leave under subsection (2) , the review is—\nby way of rehearing on the original evidence; and\non the new evidence adduced.\ns 219H ins 2009 No. 24 s 1405\n(sec.219H-ssec.1) A review of a reviewable decision is by way of rehearing on the evidence ( original evidence ) given in the proceeding before the original decision-maker ( original proceeding ).\n(sec.219H-ssec.2) However, QCAT may give leave to adduce fresh, additional or substituted evidence ( new evidence ) if satisfied— the person seeking to adduce the new evidence did not know, or could not reasonably be expected to have known, of its existence at the original proceeding; or in the special circumstances of the case, it would be unfair not to allow the person to adduce the new evidence.\n(sec.219H-ssec.3) If QCAT gives leave under subsection (2) , the review is— by way of rehearing on the original evidence; and on the new evidence adduced.\n- (a) the person seeking to adduce the new evidence did not know, or could not reasonably be expected to have known, of its existence at the original proceeding; or\n- (b) in the special circumstances of the case, it would be unfair not to allow the person to adduce the new evidence.\n- (a) by way of rehearing on the original evidence; and\n- (b) on the new evidence adduced.","sortOrder":533},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"QCAT’s powers","content":"## QCAT’s powers","sortOrder":534},{"sectionNumber":"sec.219I","sectionType":"section","heading":"Powers for corrupt conduct","content":"### sec.219I Powers for corrupt conduct\n\nThis section applies to a prescribed person defined in section 50 (3) , definition prescribed person , paragraph (a) (i) or (b)(i).\nSubsection (3) applies if—\nthe prescribed person is a person mentioned in section 50 (3) , definition prescribed person , paragraph (a) (i) ; and\nQCAT finds that corrupt conduct is proved against the person.\nQCAT may make any order the commissioner of police could make under the Police Service Administration Act 1990 , part 7 , division 5 , other than section 7 .41, if a ground for disciplinary action had been proved against the prescribed person under part 7 , division 4 of that Act.\nQCAT may, on a finding of corrupt conduct being proved against a prescribed person mentioned in section 50 (3) , definition prescribed person , paragraph (b) (i) , order that the prescribed person—\nbe dismissed; or\nbe reduced in rank or salary level; or\nforfeit, or have deferred, a salary increment or increase to which the prescribed person would ordinarily be entitled; or\nbe fined a stated amount that is to be deducted from—\nthe person’s periodic salary payment in an amount not more than an amount equal to the value of 2 penalty units per payment; or\nthe person’s monetary entitlements, other than superannuation entitlements, on termination of the person’s service.\nIn deciding the amount for subsection (4) (d) (ii) , QCAT may have regard to the value of any gain to the prescribed person from the person’s corrupt conduct.\ns 219I ins 2009 No. 24 s 1405\namd 2009 No. 25 s 61 ; 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 22 ; 2019 No. 32 s 24\n(sec.219I-ssec.1) This section applies to a prescribed person defined in section 50 (3) , definition prescribed person , paragraph (a) (i) or (b)(i).\n(sec.219I-ssec.2) Subsection (3) applies if— the prescribed person is a person mentioned in section 50 (3) , definition prescribed person , paragraph (a) (i) ; and QCAT finds that corrupt conduct is proved against the person.\n(sec.219I-ssec.3) QCAT may make any order the commissioner of police could make under the Police Service Administration Act 1990 , part 7 , division 5 , other than section 7 .41, if a ground for disciplinary action had been proved against the prescribed person under part 7 , division 4 of that Act.\n(sec.219I-ssec.4) QCAT may, on a finding of corrupt conduct being proved against a prescribed person mentioned in section 50 (3) , definition prescribed person , paragraph (b) (i) , order that the prescribed person— be dismissed; or be reduced in rank or salary level; or forfeit, or have deferred, a salary increment or increase to which the prescribed person would ordinarily be entitled; or be fined a stated amount that is to be deducted from— the person’s periodic salary payment in an amount not more than an amount equal to the value of 2 penalty units per payment; or the person’s monetary entitlements, other than superannuation entitlements, on termination of the person’s service.\n(sec.219I-ssec.5) In deciding the amount for subsection (4) (d) (ii) , QCAT may have regard to the value of any gain to the prescribed person from the person’s corrupt conduct.\n- (a) the prescribed person is a person mentioned in section 50 (3) , definition prescribed person , paragraph (a) (i) ; and\n- (b) QCAT finds that corrupt conduct is proved against the person.\n- (a) be dismissed; or\n- (b) be reduced in rank or salary level; or\n- (c) forfeit, or have deferred, a salary increment or increase to which the prescribed person would ordinarily be entitled; or\n- (d) be fined a stated amount that is to be deducted from— (i) the person’s periodic salary payment in an amount not more than an amount equal to the value of 2 penalty units per payment; or (ii) the person’s monetary entitlements, other than superannuation entitlements, on termination of the person’s service.\n- (i) the person’s periodic salary payment in an amount not more than an amount equal to the value of 2 penalty units per payment; or\n- (ii) the person’s monetary entitlements, other than superannuation entitlements, on termination of the person’s service.\n- (i) the person’s periodic salary payment in an amount not more than an amount equal to the value of 2 penalty units per payment; or\n- (ii) the person’s monetary entitlements, other than superannuation entitlements, on termination of the person’s service.","sortOrder":535},{"sectionNumber":"sec.219IA","sectionType":"section","heading":"QCAT powers for prescribed persons whose employment or appointment ends","content":"### sec.219IA QCAT powers for prescribed persons whose employment or appointment ends\n\nThis section applies to a prescribed person defined in section 50 (3) , definition prescribed person , paragraph (a) (ii) or (b)(ii).\nQCAT may, on a finding of corrupt conduct being proved against a prescribed person, make a disciplinary declaration and may not take any other disciplinary action.\nQCAT may only make a disciplinary declaration if the order QCAT would have made under section 219I (4) if the prescribed person’s employment or appointment had not ended would have been—\nif the prescribed person is a former officer, that the prescribed person—\nbe dismissed; or\nbe suspended from duty without pay for at least 3 months; or\nbe placed on probation; or\nbe demoted, whether permanently or for a particular period; or\notherwise, that the prescribed person—\nbe dismissed; or\nbe reduced in rank.\nA disciplinary declaration made under this section does not affect the way in which the prescribed person’s employment or appointment ended or the benefits, rights and liabilities arising because the employment ended.\nIn this section—\ndisciplinary declaration means a declaration of—\nthe disciplinary finding against the prescribed person; and\nthe order QCAT would have made under section 219I (1) if the prescribed person’s employment or appointment had not ended.\ns 219IA ins 2009 No. 25 s 62\namd 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 23 ; 2019 No. 32 s 25\n(sec.219IA-ssec.1) This section applies to a prescribed person defined in section 50 (3) , definition prescribed person , paragraph (a) (ii) or (b)(ii).\n(sec.219IA-ssec.2) QCAT may, on a finding of corrupt conduct being proved against a prescribed person, make a disciplinary declaration and may not take any other disciplinary action.\n(sec.219IA-ssec.3) QCAT may only make a disciplinary declaration if the order QCAT would have made under section 219I (4) if the prescribed person’s employment or appointment had not ended would have been— if the prescribed person is a former officer, that the prescribed person— be dismissed; or be suspended from duty without pay for at least 3 months; or be placed on probation; or be demoted, whether permanently or for a particular period; or otherwise, that the prescribed person— be dismissed; or be reduced in rank.\n(sec.219IA-ssec.4) A disciplinary declaration made under this section does not affect the way in which the prescribed person’s employment or appointment ended or the benefits, rights and liabilities arising because the employment ended.\n(sec.219IA-ssec.5) In this section— disciplinary declaration means a declaration of— the disciplinary finding against the prescribed person; and the order QCAT would have made under section 219I (1) if the prescribed person’s employment or appointment had not ended.\n- (a) if the prescribed person is a former officer, that the prescribed person— (i) be dismissed; or (ii) be suspended from duty without pay for at least 3 months; or (iii) be placed on probation; or (iv) be demoted, whether permanently or for a particular period; or\n- (i) be dismissed; or\n- (ii) be suspended from duty without pay for at least 3 months; or\n- (iii) be placed on probation; or\n- (iv) be demoted, whether permanently or for a particular period; or\n- (b) otherwise, that the prescribed person— (i) be dismissed; or (ii) be reduced in rank.\n- (i) be dismissed; or\n- (ii) be reduced in rank.\n- (i) be dismissed; or\n- (ii) be suspended from duty without pay for at least 3 months; or\n- (iii) be placed on probation; or\n- (iv) be demoted, whether permanently or for a particular period; or\n- (i) be dismissed; or\n- (ii) be reduced in rank.\n- (a) the disciplinary finding against the prescribed person; and\n- (b) the order QCAT would have made under section 219I (1) if the prescribed person’s employment or appointment had not ended.","sortOrder":536},{"sectionNumber":"sec.219J","sectionType":"section","heading":"Additional power for particular reviewable decisions","content":"### sec.219J Additional power for particular reviewable decisions\n\nThis section applies if, after reviewing a reviewable decision mentioned in section 219BA (1) (a) or (b) , QCAT—\nfinds that the following has been proved against the prescribed person—\nif the prescribed person is a former officer—a ground for disciplinary action under the Police Service Administration Act 1990 ;\notherwise—corruption; and\nsets aside the decision and substitutes another decision.\nQCAT may impose on the person any discipline provided for on a finding mentioned in subsection (1) (a) , even though the original decision-maker’s power to impose the discipline may have been restricted.\nSubject to subsection (4) , if the reviewable decision involved the making of, or failure to make, a disciplinary declaration, the discipline that QCAT may impose under subsection (2) includes making a disciplinary declaration.\nNo action may be taken to enforce a penalty or fine mentioned in a disciplinary declaration made under subsection (2) .\nA disciplinary declaration may only be made under subsection (2) if the order QCAT would have made under subsection (2) , if the prescribed person’s employment or appointment had not ended, would have been that the prescribed person—\nif the prescribed person is a former officer—\nbe dismissed; or\nbe suspended from duty without pay for at least 3 months; or\nbe placed on probation; or\nbe demoted, whether permanently or for a particular period; or\notherwise—\nbe dismissed; or\nbe reduced in rank.\nA disciplinary declaration made under subsection (2) does not affect the way in which the prescribed person’s employment or appointment ended or the benefits, rights and liabilities arising because the employment ended.\nIn this section—\ndisciplinary declaration means—\nfor a reviewable decision, a disciplinary declaration as defined under section 219BA (2) ; or\nfor a decision substituted by QCAT on review, a declaration of—\nthe disciplinary finding against the prescribed person; and\nthe discipline that would have been imposed by QCAT under subsection (2) if the prescribed person’s employment or appointment had not ended.\ns 219J ins 2009 No. 24 s 1405\namd 2009 No. 25 s 63 ; 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 24 ; 2019 No. 32 s 26\n(sec.219J-ssec.1) This section applies if, after reviewing a reviewable decision mentioned in section 219BA (1) (a) or (b) , QCAT— finds that the following has been proved against the prescribed person— if the prescribed person is a former officer—a ground for disciplinary action under the Police Service Administration Act 1990 ; otherwise—corruption; and sets aside the decision and substitutes another decision.\n(sec.219J-ssec.2) QCAT may impose on the person any discipline provided for on a finding mentioned in subsection (1) (a) , even though the original decision-maker’s power to impose the discipline may have been restricted.\n(sec.219J-ssec.3) Subject to subsection (4) , if the reviewable decision involved the making of, or failure to make, a disciplinary declaration, the discipline that QCAT may impose under subsection (2) includes making a disciplinary declaration.\n(sec.219J-ssec.4) No action may be taken to enforce a penalty or fine mentioned in a disciplinary declaration made under subsection (2) .\n(sec.219J-ssec.5) A disciplinary declaration may only be made under subsection (2) if the order QCAT would have made under subsection (2) , if the prescribed person’s employment or appointment had not ended, would have been that the prescribed person— if the prescribed person is a former officer— be dismissed; or be suspended from duty without pay for at least 3 months; or be placed on probation; or be demoted, whether permanently or for a particular period; or otherwise— be dismissed; or be reduced in rank.\n(sec.219J-ssec.6) A disciplinary declaration made under subsection (2) does not affect the way in which the prescribed person’s employment or appointment ended or the benefits, rights and liabilities arising because the employment ended.\n(sec.219J-ssec.7) In this section— disciplinary declaration means— for a reviewable decision, a disciplinary declaration as defined under section 219BA (2) ; or for a decision substituted by QCAT on review, a declaration of— the disciplinary finding against the prescribed person; and the discipline that would have been imposed by QCAT under subsection (2) if the prescribed person’s employment or appointment had not ended.\n- (a) finds that the following has been proved against the prescribed person— (i) if the prescribed person is a former officer—a ground for disciplinary action under the Police Service Administration Act 1990 ; (ii) otherwise—corruption; and\n- (i) if the prescribed person is a former officer—a ground for disciplinary action under the Police Service Administration Act 1990 ;\n- (ii) otherwise—corruption; and\n- (b) sets aside the decision and substitutes another decision.\n- (i) if the prescribed person is a former officer—a ground for disciplinary action under the Police Service Administration Act 1990 ;\n- (ii) otherwise—corruption; and\n- (a) if the prescribed person is a former officer— (i) be dismissed; or (ii) be suspended from duty without pay for at least 3 months; or (iii) be placed on probation; or (iv) be demoted, whether permanently or for a particular period; or\n- (i) be dismissed; or\n- (ii) be suspended from duty without pay for at least 3 months; or\n- (iii) be placed on probation; or\n- (iv) be demoted, whether permanently or for a particular period; or\n- (b) otherwise— (i) be dismissed; or (ii) be reduced in rank.\n- (i) be dismissed; or\n- (ii) be reduced in rank.\n- (i) be dismissed; or\n- (ii) be suspended from duty without pay for at least 3 months; or\n- (iii) be placed on probation; or\n- (iv) be demoted, whether permanently or for a particular period; or\n- (i) be dismissed; or\n- (ii) be reduced in rank.\n- (a) for a reviewable decision, a disciplinary declaration as defined under section 219BA (2) ; or\n- (b) for a decision substituted by QCAT on review, a declaration of— (i) the disciplinary finding against the prescribed person; and (ii) the discipline that would have been imposed by QCAT under subsection (2) if the prescribed person’s employment or appointment had not ended.\n- (i) the disciplinary finding against the prescribed person; and\n- (ii) the discipline that would have been imposed by QCAT under subsection (2) if the prescribed person’s employment or appointment had not ended.\n- (i) the disciplinary finding against the prescribed person; and\n- (ii) the discipline that would have been imposed by QCAT under subsection (2) if the prescribed person’s employment or appointment had not ended.","sortOrder":537},{"sectionNumber":"sec.219JA","sectionType":"section","heading":"Requirement to return particular matters to commissioner of police","content":"### sec.219JA Requirement to return particular matters to commissioner of police\n\nThis section applies in relation to a reviewable decision mentioned in section 219BA (1) (c) if, after reviewing the decision, QCAT sets aside the decision.\nQCAT must return the matter to the commissioner of police with—\na direction to give the former officer a written notice under the Police Service Administration Act 1990 , section 7A .3(1)(a) or to hold a disciplinary hearing under section 7A .3(1)(b) of that Act; and\nany other direction QCAT considers appropriate.\nIf QCAT makes an order under subsection (2) , the commissioner of police must ensure a written notice under the Police Service Administration Act 1990 , section 7A .3(1)(a), or a notice mentioned in section 7A .3(1)(b) of that Act, is given to the former officer within 6 months of the making of the order by QCAT.\nSubsection (3) applies despite section 7A .1(4) of that Act.\ns 219JA ins 2019 No. 32 s 26A\n(sec.219JA-ssec.1) This section applies in relation to a reviewable decision mentioned in section 219BA (1) (c) if, after reviewing the decision, QCAT sets aside the decision.\n(sec.219JA-ssec.2) QCAT must return the matter to the commissioner of police with— a direction to give the former officer a written notice under the Police Service Administration Act 1990 , section 7A .3(1)(a) or to hold a disciplinary hearing under section 7A .3(1)(b) of that Act; and any other direction QCAT considers appropriate.\n(sec.219JA-ssec.3) If QCAT makes an order under subsection (2) , the commissioner of police must ensure a written notice under the Police Service Administration Act 1990 , section 7A .3(1)(a), or a notice mentioned in section 7A .3(1)(b) of that Act, is given to the former officer within 6 months of the making of the order by QCAT.\n(sec.219JA-ssec.4) Subsection (3) applies despite section 7A .1(4) of that Act.\n- (a) a direction to give the former officer a written notice under the Police Service Administration Act 1990 , section 7A .3(1)(a) or to hold a disciplinary hearing under section 7A .3(1)(b) of that Act; and\n- (b) any other direction QCAT considers appropriate.","sortOrder":538},{"sectionNumber":"sec.219K","sectionType":"section","heading":"QCAT may refer matter for investigation","content":"### sec.219K QCAT may refer matter for investigation\n\nQCAT may, by order, refer a matter before it for investigation, or further investigation, with a view to the taking of a criminal proceeding or for another purpose.\nThe matter may be referred to—\nthe commission; or\nthe public official for the unit of public administration in which the prescribed person is employed.\nQCAT may adjourn its proceeding until the investigations are completed.\ns 219K ins 2009 No. 24 s 1405\n(sec.219K-ssec.1) QCAT may, by order, refer a matter before it for investigation, or further investigation, with a view to the taking of a criminal proceeding or for another purpose.\n(sec.219K-ssec.2) The matter may be referred to— the commission; or the public official for the unit of public administration in which the prescribed person is employed.\n(sec.219K-ssec.3) QCAT may adjourn its proceeding until the investigations are completed.\n- (a) the commission; or\n- (b) the public official for the unit of public administration in which the prescribed person is employed.","sortOrder":539},{"sectionNumber":"sec.219L","sectionType":"section","heading":"QCAT’s power to suspend orders","content":"### sec.219L QCAT’s power to suspend orders\n\nThis section applies if—\nQCAT makes an order under section 219I ; or\nQCAT, by order under section 219J , imposes a discipline mentioned in section 219J (2) ; or\ndiscipline is imposed on a prescribed person by a decision-maker of a reviewable decision and an application is made to QCAT for a review of the reviewable decision.\nQCAT may suspend the order or discipline if it considers it is appropriate to do so in the circumstances.\nQCAT must state an operational period for the period of suspension and the suspension may be given on conditions.\nIf the person who is subject to the order or discipline is found to have committed an act of corruption or to have contravened a condition during the operational period—\nfor a person mentioned in section 50 (3) , definition prescribed person , paragraph (a) (i) —QCAT may, on an application by the commission or the commissioner of police and after hearing any submission made by the prescribed person—\nrevoke the suspension and give effect to the order or discipline; or\ncontinue the suspension and vary or cancel any conditions to which it is subject; or\nfor another prescribed person—on the finding—\nthe suspension is revoked; and\nthe order or discipline has immediate effect.\nIf the person is not found to have committed an act of corruption or to have contravened a condition during the operational period, the order or discipline is taken to have been discharged or satisfied.\nSubsection (4) does not limit the person’s liability to the making of a further order for the further act of corruption.\nThis section does not apply to a disciplinary declaration.\ns 219L ins 2009 No. 24 s 1405\namd 2009 No. 25 s 64 ; 2014 No. 21 s 94 (1) sch 1 ; 2019 No. 32 s 27\n(sec.219L-ssec.1) This section applies if— QCAT makes an order under section 219I ; or QCAT, by order under section 219J , imposes a discipline mentioned in section 219J (2) ; or discipline is imposed on a prescribed person by a decision-maker of a reviewable decision and an application is made to QCAT for a review of the reviewable decision.\n(sec.219L-ssec.2) QCAT may suspend the order or discipline if it considers it is appropriate to do so in the circumstances.\n(sec.219L-ssec.3) QCAT must state an operational period for the period of suspension and the suspension may be given on conditions.\n(sec.219L-ssec.4) If the person who is subject to the order or discipline is found to have committed an act of corruption or to have contravened a condition during the operational period— for a person mentioned in section 50 (3) , definition prescribed person , paragraph (a) (i) —QCAT may, on an application by the commission or the commissioner of police and after hearing any submission made by the prescribed person— revoke the suspension and give effect to the order or discipline; or continue the suspension and vary or cancel any conditions to which it is subject; or for another prescribed person—on the finding— the suspension is revoked; and the order or discipline has immediate effect.\n(sec.219L-ssec.5) If the person is not found to have committed an act of corruption or to have contravened a condition during the operational period, the order or discipline is taken to have been discharged or satisfied.\n(sec.219L-ssec.6) Subsection (4) does not limit the person’s liability to the making of a further order for the further act of corruption.\n(sec.219L-ssec.7) This section does not apply to a disciplinary declaration.\n- (a) QCAT makes an order under section 219I ; or\n- (b) QCAT, by order under section 219J , imposes a discipline mentioned in section 219J (2) ; or\n- (c) discipline is imposed on a prescribed person by a decision-maker of a reviewable decision and an application is made to QCAT for a review of the reviewable decision.\n- (a) for a person mentioned in section 50 (3) , definition prescribed person , paragraph (a) (i) —QCAT may, on an application by the commission or the commissioner of police and after hearing any submission made by the prescribed person— (i) revoke the suspension and give effect to the order or discipline; or (ii) continue the suspension and vary or cancel any conditions to which it is subject; or\n- (i) revoke the suspension and give effect to the order or discipline; or\n- (ii) continue the suspension and vary or cancel any conditions to which it is subject; or\n- (b) for another prescribed person—on the finding— (i) the suspension is revoked; and (ii) the order or discipline has immediate effect.\n- (i) the suspension is revoked; and\n- (ii) the order or discipline has immediate effect.\n- (i) revoke the suspension and give effect to the order or discipline; or\n- (ii) continue the suspension and vary or cancel any conditions to which it is subject; or\n- (i) the suspension is revoked; and\n- (ii) the order or discipline has immediate effect.","sortOrder":540},{"sectionNumber":"ch.5-pt.2-div.5","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":541},{"sectionNumber":"sec.219M","sectionType":"section","heading":"Appeal from QCAT exercising original jurisdiction","content":"### sec.219M Appeal from QCAT exercising original jurisdiction\n\nThe following persons may appeal under the QCAT Act , chapter 2 , part 8 against a decision of QCAT exercising original jurisdiction under this part—\nthe prescribed person in relation to whom the decision was made;\nthe public official for the unit of public administration in which the prescribed person is employed;\nthe commission, whether or not the commission was a party to the proceeding before QCAT.\nSubsections (3) to (7) apply for the QCAT Act , chapter 2 , part 8 .\nA reference to a party to a proceeding includes a reference to a person who may appeal under subsection (1) .\nA reference to a decision, if the decision involves the making of a disciplinary declaration, includes the disciplinary declaration.\nThe decision may also involve a failure to make a disciplinary decision.\nIf a decision set aside involved the making of, or a failure to make, a disciplinary declaration, the power to substitute another decision involving disciplinary action is limited to the making of, or the making of another, disciplinary declaration and does not include the taking of any other disciplinary action.\nA disciplinary declaration may only be made if the order the appeal tribunal or the Court of Appeal would have made under the QCAT Act , chapter 2 , part 8 , if the prescribed person’s employment or appointment had not ended would have been that the prescribed person—\nbe dismissed; or\nbe reduced in rank.\nA disciplinary declaration made under subsection (5) does not affect the way in which the prescribed person’s employment or appointment ended or the benefits, rights and liabilities arising because the employment ended.\ns 219M ins 2009 No. 24 s 1405\namd 2009 No. 25 s 65\n(sec.219M-ssec.1) The following persons may appeal under the QCAT Act , chapter 2 , part 8 against a decision of QCAT exercising original jurisdiction under this part— the prescribed person in relation to whom the decision was made; the public official for the unit of public administration in which the prescribed person is employed; the commission, whether or not the commission was a party to the proceeding before QCAT.\n(sec.219M-ssec.2) Subsections (3) to (7) apply for the QCAT Act , chapter 2 , part 8 .\n(sec.219M-ssec.3) A reference to a party to a proceeding includes a reference to a person who may appeal under subsection (1) .\n(sec.219M-ssec.4) A reference to a decision, if the decision involves the making of a disciplinary declaration, includes the disciplinary declaration. The decision may also involve a failure to make a disciplinary decision.\n(sec.219M-ssec.5) If a decision set aside involved the making of, or a failure to make, a disciplinary declaration, the power to substitute another decision involving disciplinary action is limited to the making of, or the making of another, disciplinary declaration and does not include the taking of any other disciplinary action.\n(sec.219M-ssec.6) A disciplinary declaration may only be made if the order the appeal tribunal or the Court of Appeal would have made under the QCAT Act , chapter 2 , part 8 , if the prescribed person’s employment or appointment had not ended would have been that the prescribed person— be dismissed; or be reduced in rank.\n(sec.219M-ssec.7) A disciplinary declaration made under subsection (5) does not affect the way in which the prescribed person’s employment or appointment ended or the benefits, rights and liabilities arising because the employment ended.\n- (a) the prescribed person in relation to whom the decision was made;\n- (b) the public official for the unit of public administration in which the prescribed person is employed;\n- (c) the commission, whether or not the commission was a party to the proceeding before QCAT.\n- (a) be dismissed; or\n- (b) be reduced in rank.","sortOrder":542},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Review of particular police disciplinary decisions","content":"# Review of particular police disciplinary decisions","sortOrder":543},{"sectionNumber":"sec.219N","sectionType":"section","heading":"Definitions for part","content":"### sec.219N Definitions for part\n\nIn this part—\naggrieved person , for a reviewable decision, means a person stated in schedule 1 , column 2 opposite the decision.\ndisciplinary sanction see the Police Service Administration Act 1990 , section 7 .34.\nground for disciplinary action see the Police Service Administration Act 1990 , section 7 .3.\nreviewable decision see section 219O .\nsubject officer , in relation to a reviewable decision, means the subject officer under the Police Service Administration Act 1990 , part 7 to whom the decision relates.\ns 219N ins 2019 No. 32 s 28","sortOrder":544},{"sectionNumber":"sec.219O","sectionType":"section","heading":"Reviewable decisions","content":"### sec.219O Reviewable decisions\n\nA reviewable decision is a decision made under the Police Service Administration Act 1990 that is mentioned in schedule 1 , column 1.\nHowever, a decision under part 7 , division 4 of that Act that a disciplinary charge, or another ground for disciplinary action, has been proved in relation to an officer is a reviewable decision only if the officer is entitled to be given a QCAT information notice for the decision under section 7 .27(4) or 7.31(1) of that Act.\nIn this section—\ndisciplinary charge see the Police Service Administration Act 1990 , section 7 .25(a).\ns 219O ins 2019 No. 32 s 28\n(sec.219O-ssec.1) A reviewable decision is a decision made under the Police Service Administration Act 1990 that is mentioned in schedule 1 , column 1.\n(sec.219O-ssec.2) However, a decision under part 7 , division 4 of that Act that a disciplinary charge, or another ground for disciplinary action, has been proved in relation to an officer is a reviewable decision only if the officer is entitled to be given a QCAT information notice for the decision under section 7 .27(4) or 7.31(1) of that Act.\n(sec.219O-ssec.3) In this section— disciplinary charge see the Police Service Administration Act 1990 , section 7 .25(a).","sortOrder":545},{"sectionNumber":"sec.219P","sectionType":"section","heading":"Applications for review","content":"### sec.219P Applications for review\n\nAn aggrieved person for a reviewable decision may apply to QCAT, as provided under subsection (2) , for a review of the reviewable decision.\nThe application must be made—\nwithin the following period—\nfor a decision not to start a disciplinary proceeding under the Police Service Administration Act 1990 , part 7 against an officer in relation to whom a complaint mentioned in section 7 .2 of that Act has been made—28 days after the aggrieved person becomes aware of the decision;\notherwise—28 days after the aggrieved person is given a QCAT information notice for the decision; and\nas otherwise provided under the QCAT Act .\nThe QCAT Act , section 22 (3) enables QCAT to stay the operation of a reviewable decision, either on application by a person or on its own initiative.\nIf the subject officer is the applicant, the subject officer must, within the period mentioned in the QCAT Act , section 37 (2) , give the commission a copy of the application.\nSubsection (3) does not limit the QCAT Act , section 37 (2) .\nIn this section—\nofficer see the Police Service Administration Act 1990 , section 7 .3.\ns 219P ins 2019 No. 32 s 28\n(sec.219P-ssec.1) An aggrieved person for a reviewable decision may apply to QCAT, as provided under subsection (2) , for a review of the reviewable decision.\n(sec.219P-ssec.2) The application must be made— within the following period— for a decision not to start a disciplinary proceeding under the Police Service Administration Act 1990 , part 7 against an officer in relation to whom a complaint mentioned in section 7 .2 of that Act has been made—28 days after the aggrieved person becomes aware of the decision; otherwise—28 days after the aggrieved person is given a QCAT information notice for the decision; and as otherwise provided under the QCAT Act . The QCAT Act , section 22 (3) enables QCAT to stay the operation of a reviewable decision, either on application by a person or on its own initiative.\n(sec.219P-ssec.3) If the subject officer is the applicant, the subject officer must, within the period mentioned in the QCAT Act , section 37 (2) , give the commission a copy of the application.\n(sec.219P-ssec.4) Subsection (3) does not limit the QCAT Act , section 37 (2) .\n(sec.219P-ssec.5) In this section— officer see the Police Service Administration Act 1990 , section 7 .3.\n- (a) within the following period— (i) for a decision not to start a disciplinary proceeding under the Police Service Administration Act 1990 , part 7 against an officer in relation to whom a complaint mentioned in section 7 .2 of that Act has been made—28 days after the aggrieved person becomes aware of the decision; (ii) otherwise—28 days after the aggrieved person is given a QCAT information notice for the decision; and\n- (i) for a decision not to start a disciplinary proceeding under the Police Service Administration Act 1990 , part 7 against an officer in relation to whom a complaint mentioned in section 7 .2 of that Act has been made—28 days after the aggrieved person becomes aware of the decision;\n- (ii) otherwise—28 days after the aggrieved person is given a QCAT information notice for the decision; and\n- (b) as otherwise provided under the QCAT Act .\n- (i) for a decision not to start a disciplinary proceeding under the Police Service Administration Act 1990 , part 7 against an officer in relation to whom a complaint mentioned in section 7 .2 of that Act has been made—28 days after the aggrieved person becomes aware of the decision;\n- (ii) otherwise—28 days after the aggrieved person is given a QCAT information notice for the decision; and","sortOrder":546},{"sectionNumber":"sec.219Q","sectionType":"section","heading":"QCAT to decide review on evidence before decision maker","content":"### sec.219Q QCAT to decide review on evidence before decision maker\n\nA review of a reviewable decision is by way of rehearing on the evidence ( original evidence ) given in the proceeding before the original decision-maker ( original proceeding ).\nHowever, QCAT may give leave to adduce fresh, additional or substituted evidence ( new evidence ) if satisfied—\nthe person seeking to adduce the new evidence did not know, or could not reasonably be expected to have known, of its existence at the original proceeding; or\nin the special circumstances of the case, it would be unfair not to allow the person to adduce the new evidence.\nIf QCAT gives leave under subsection (2) , the review is—\nby way of rehearing on the original evidence; and\non the new evidence adduced.\ns 219Q ins 2019 No. 32 s 28\n(sec.219Q-ssec.1) A review of a reviewable decision is by way of rehearing on the evidence ( original evidence ) given in the proceeding before the original decision-maker ( original proceeding ).\n(sec.219Q-ssec.2) However, QCAT may give leave to adduce fresh, additional or substituted evidence ( new evidence ) if satisfied— the person seeking to adduce the new evidence did not know, or could not reasonably be expected to have known, of its existence at the original proceeding; or in the special circumstances of the case, it would be unfair not to allow the person to adduce the new evidence.\n(sec.219Q-ssec.3) If QCAT gives leave under subsection (2) , the review is— by way of rehearing on the original evidence; and on the new evidence adduced.\n- (a) the person seeking to adduce the new evidence did not know, or could not reasonably be expected to have known, of its existence at the original proceeding; or\n- (b) in the special circumstances of the case, it would be unfair not to allow the person to adduce the new evidence.\n- (a) by way of rehearing on the original evidence; and\n- (b) on the new evidence adduced.","sortOrder":547},{"sectionNumber":"sec.219R","sectionType":"section","heading":"Parties to review","content":"### sec.219R Parties to review\n\nThe parties to a review are—\nthe applicant for the review; and\nthe person who made the reviewable decision; and\nif the commission is the applicant for the review—the subject officer to whom the decision relates.\nIf the applicant for the review is the subject officer, the commission may elect to become a party to the review.\nNotice of an election under subsection (2) must be given—\nto QCAT, the subject officer and the person who made the reviewable decision; and\nwithin the later of the following periods to end—\nthe period mentioned in section 219P (2) (a) ;\n14 days after the commission is given notice of the application for review under section 219P (3) .\ns 219R ins 2019 No. 32 s 28\n(sec.219R-ssec.1) The parties to a review are— the applicant for the review; and the person who made the reviewable decision; and if the commission is the applicant for the review—the subject officer to whom the decision relates.\n(sec.219R-ssec.2) If the applicant for the review is the subject officer, the commission may elect to become a party to the review.\n(sec.219R-ssec.3) Notice of an election under subsection (2) must be given— to QCAT, the subject officer and the person who made the reviewable decision; and within the later of the following periods to end— the period mentioned in section 219P (2) (a) ; 14 days after the commission is given notice of the application for review under section 219P (3) .\n- (a) the applicant for the review; and\n- (b) the person who made the reviewable decision; and\n- (c) if the commission is the applicant for the review—the subject officer to whom the decision relates.\n- (a) to QCAT, the subject officer and the person who made the reviewable decision; and\n- (b) within the later of the following periods to end— (i) the period mentioned in section 219P (2) (a) ; (ii) 14 days after the commission is given notice of the application for review under section 219P (3) .\n- (i) the period mentioned in section 219P (2) (a) ;\n- (ii) 14 days after the commission is given notice of the application for review under section 219P (3) .\n- (i) the period mentioned in section 219P (2) (a) ;\n- (ii) 14 days after the commission is given notice of the application for review under section 219P (3) .","sortOrder":548},{"sectionNumber":"sec.219S","sectionType":"section","heading":"Additional power for substituted decisions","content":"### sec.219S Additional power for substituted decisions\n\nThis section applies if, after reviewing the reviewable decision, QCAT—\nfinds a ground for disciplinary action has been proved against the subject officer; and\nsets aside the decision and substitutes another decision.\nQCAT—\nhas the same powers as the commissioner of police under the Police Service Administration Act 1990 , part 7 , division 5 ; and\nmay impose any disciplinary sanction on the subject officer under that part, even if the person who made the reviewable decision would not be authorised under that part to impose the disciplinary sanction.\ns 219S ins 2019 No. 32 s 28\n(sec.219S-ssec.1) This section applies if, after reviewing the reviewable decision, QCAT— finds a ground for disciplinary action has been proved against the subject officer; and sets aside the decision and substitutes another decision.\n(sec.219S-ssec.2) QCAT— has the same powers as the commissioner of police under the Police Service Administration Act 1990 , part 7 , division 5 ; and may impose any disciplinary sanction on the subject officer under that part, even if the person who made the reviewable decision would not be authorised under that part to impose the disciplinary sanction.\n- (a) finds a ground for disciplinary action has been proved against the subject officer; and\n- (b) sets aside the decision and substitutes another decision.\n- (a) has the same powers as the commissioner of police under the Police Service Administration Act 1990 , part 7 , division 5 ; and\n- (b) may impose any disciplinary sanction on the subject officer under that part, even if the person who made the reviewable decision would not be authorised under that part to impose the disciplinary sanction.","sortOrder":549},{"sectionNumber":"sec.219T","sectionType":"section","heading":"Requirement to return particular matters to commissioner of police","content":"### sec.219T Requirement to return particular matters to commissioner of police\n\nThis section applies if—\nthe reviewable decision is a decision not to start a disciplinary proceeding under the Police Service Administration Act 1990 , part 7 against an officer in relation to whom a complaint mentioned in section 7 .2 of that Act has been made; and\nafter reviewing the decision, QCAT sets aside the decision.\nQCAT must return the matter to the commissioner of police with—\na direction to start a disciplinary proceeding against the subject officer under part 7 of that Act; and\nany other direction QCAT considers appropriate.\nIf QCAT makes an order under subsection (2) , the commissioner of police must ensure a disciplinary proceeding is started against the officer within 6 months of the making of the order by QCAT.\nSubsection (3) applies despite section 7 .12 of that Act.\ns 219T ins 2019 No. 32 s 28\n(sec.219T-ssec.1) This section applies if— the reviewable decision is a decision not to start a disciplinary proceeding under the Police Service Administration Act 1990 , part 7 against an officer in relation to whom a complaint mentioned in section 7 .2 of that Act has been made; and after reviewing the decision, QCAT sets aside the decision.\n(sec.219T-ssec.2) QCAT must return the matter to the commissioner of police with— a direction to start a disciplinary proceeding against the subject officer under part 7 of that Act; and any other direction QCAT considers appropriate.\n(sec.219T-ssec.3) If QCAT makes an order under subsection (2) , the commissioner of police must ensure a disciplinary proceeding is started against the officer within 6 months of the making of the order by QCAT.\n(sec.219T-ssec.4) Subsection (3) applies despite section 7 .12 of that Act.\n- (a) the reviewable decision is a decision not to start a disciplinary proceeding under the Police Service Administration Act 1990 , part 7 against an officer in relation to whom a complaint mentioned in section 7 .2 of that Act has been made; and\n- (b) after reviewing the decision, QCAT sets aside the decision.\n- (a) a direction to start a disciplinary proceeding against the subject officer under part 7 of that Act; and\n- (b) any other direction QCAT considers appropriate.","sortOrder":550},{"sectionNumber":"sec.219U","sectionType":"section","heading":"QCAT may refer matter for investigation","content":"### sec.219U QCAT may refer matter for investigation\n\nQCAT may, by order, refer the matter before it for investigation, or further investigation, with a view to the taking of a criminal proceeding or for another purpose.\nThe matter may be referred to—\nthe commission; or\nthe commissioner of police.\nQCAT may adjourn the proceeding until the investigations are completed.\ns 219U ins 2019 No. 32 s 28\n(sec.219U-ssec.1) QCAT may, by order, refer the matter before it for investigation, or further investigation, with a view to the taking of a criminal proceeding or for another purpose.\n(sec.219U-ssec.2) The matter may be referred to— the commission; or the commissioner of police.\n(sec.219U-ssec.3) QCAT may adjourn the proceeding until the investigations are completed.\n- (a) the commission; or\n- (b) the commissioner of police.","sortOrder":551},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Crime and Corruption Commission","content":"# Crime and Corruption Commission","sortOrder":552},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Establishment of Crime and Corruption Commission","content":"## Establishment of Crime and Corruption Commission","sortOrder":553},{"sectionNumber":"sec.220","sectionType":"section","heading":"Establishment","content":"### sec.220 Establishment\n\nThe bodies corporate known as the Criminal Justice Commission (established under the repealed Criminal Justice Act 1989 ) and the Queensland Crime Commission (established under the repealed Crime Commission Act 1997 ) are merged into a single body corporate and continued in existence under this Act under the name ‘Crime and Corruption Commission’.\ns 220 amd 2014 No. 21 s 32","sortOrder":554},{"sectionNumber":"sec.221","sectionType":"section","heading":"Commission has common seal etc.","content":"### sec.221 Commission has common seal etc.\n\nThe Crime and Corruption Commission, as established under this Act—\nhas a common seal; and\nmay sue and be sued in its corporate name.\nJudicial notice must be taken of the imprint of the commission’s seal appearing on a document and the document must be presumed to have been properly sealed, unless the contrary is proved.\ns 221 amd 2002 No. 68 s 283 sch 3 ; 2014 No. 21 s 33\n(sec.221-ssec.1) The Crime and Corruption Commission, as established under this Act— has a common seal; and may sue and be sued in its corporate name.\n(sec.221-ssec.2) Judicial notice must be taken of the imprint of the commission’s seal appearing on a document and the document must be presumed to have been properly sealed, unless the contrary is proved.\n- (a) has a common seal; and\n- (b) may sue and be sued in its corporate name.","sortOrder":555},{"sectionNumber":"sec.221A","sectionType":"section","heading":"Commission is a statutory body","content":"### sec.221A Commission is a statutory body\n\nThe commission is a statutory body under the Financial Accountability Act 2009 .\ns 221A ins 2002 No. 68 s 283 sch 3\namd 2006 No. 41 s 3 sch ; 2009 No. 9 s 136 sch 1","sortOrder":556},{"sectionNumber":"sec.221B","sectionType":"section","heading":"Commission not public sector entity","content":"### sec.221B Commission not public sector entity\n\nThe commission is prescribed not to be a public sector entity for the Public Sector Act 2022 , section 8 (2) (s) .\ns 221B ins 2022 No. 34 s 341","sortOrder":557},{"sectionNumber":"sec.221C","sectionType":"section","heading":"Commission to comply with obligations relating to equity, diversity, respect and inclusion","content":"### sec.221C Commission to comply with obligations relating to equity, diversity, respect and inclusion\n\nThe commission is prescribed for the Public Sector Act 2022 , section 25 , definition prescribed entity , paragraph (c) .\ns 221C ins 2022 No. 34 s 341","sortOrder":558},{"sectionNumber":"sec.221D","sectionType":"section","heading":"Application of provisions of Public Sector Act 2022","content":"### sec.221D Application of provisions of Public Sector Act 2022\n\nA regulation may—\napply particular provisions of the Public Sector Act 2022 , including, for example, particular directives made under the Public Sector Act 2022 , to the commission and commission officers; and\nprovide for the way in which the provisions mentioned in paragraph (a) are to apply, including, for example, that they apply with or without change.\nBefore recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must consult with the chief executive officer about the proposed regulation.\nIf a regulation is made under subsection (1) —\nthe Public Sector Act 2022 applies to the commission and commission officers only to the extent provided for under the regulation; and\nthe Public Sector Act 2022 applies in the way mentioned in paragraph (a) with necessary changes.\nAlso, a regulation may prescribe anything necessary or convenient to be prescribed—\nto enable a regulation under subsection (1) to be made; or\nto carry out or give effect to a regulation made under subsection (1) ; or\nbecause of the making of a regulation under subsection (1) , including, for example, the portability of employment rights and entitlements.\ns 221D ins 2022 No. 34 s 341\n(sec.221D-ssec.1) A regulation may— apply particular provisions of the Public Sector Act 2022 , including, for example, particular directives made under the Public Sector Act 2022 , to the commission and commission officers; and provide for the way in which the provisions mentioned in paragraph (a) are to apply, including, for example, that they apply with or without change.\n(sec.221D-ssec.2) Before recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must consult with the chief executive officer about the proposed regulation.\n(sec.221D-ssec.3) If a regulation is made under subsection (1) — the Public Sector Act 2022 applies to the commission and commission officers only to the extent provided for under the regulation; and the Public Sector Act 2022 applies in the way mentioned in paragraph (a) with necessary changes.\n(sec.221D-ssec.4) Also, a regulation may prescribe anything necessary or convenient to be prescribed— to enable a regulation under subsection (1) to be made; or to carry out or give effect to a regulation made under subsection (1) ; or because of the making of a regulation under subsection (1) , including, for example, the portability of employment rights and entitlements.\n- (a) apply particular provisions of the Public Sector Act 2022 , including, for example, particular directives made under the Public Sector Act 2022 , to the commission and commission officers; and\n- (b) provide for the way in which the provisions mentioned in paragraph (a) are to apply, including, for example, that they apply with or without change.\n- (a) the Public Sector Act 2022 applies to the commission and commission officers only to the extent provided for under the regulation; and\n- (b) the Public Sector Act 2022 applies in the way mentioned in paragraph (a) with necessary changes.\n- (a) to enable a regulation under subsection (1) to be made; or\n- (b) to carry out or give effect to a regulation made under subsection (1) ; or\n- (c) because of the making of a regulation under subsection (1) , including, for example, the portability of employment rights and entitlements.","sortOrder":559},{"sectionNumber":"sec.222","sectionType":"section","heading":"Excluded matter for Corporations Act","content":"### sec.222 Excluded matter for Corporations Act\n\nThe commission is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the following provisions of the Corporations Act —\nparts 2D .1 and 2D.6;\nchapters 2K and 2L;\nparts 5.7 , 5 .7B, 5.9 and 5B.2.\n- (a) parts 2D .1 and 2D.6;\n- (b) chapters 2K and 2L;\n- (c) parts 5.7 , 5 .7B, 5.9 and 5B.2.","sortOrder":560},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"Commissioners and chief executive officer","content":"## Commissioners and chief executive officer","sortOrder":561},{"sectionNumber":"sec.222A","sectionType":"section","heading":"Meaning of officer for div 2","content":"### sec.222A Meaning of officer for div 2\n\nIn this division—\nofficer means a commissioner or the chief executive officer.\ns 222A ins 2016 No. 19 s 17","sortOrder":562},{"sectionNumber":"sec.223","sectionType":"section","heading":"Membership of the commission","content":"### sec.223 Membership of the commission\n\nThe commission is to consist of the following commissioners—\na full-time commissioner who is the chairperson;\na part-time commissioner who is the deputy chairperson;\n3 part-time commissioners who are ordinary commissioners.\ns 223 sub 2014 No. 21 s 34\namd 2016 No. 19 ss 18 , 45 (1)\n- (a) a full-time commissioner who is the chairperson;\n- (b) a part-time commissioner who is the deputy chairperson;\n- (c) 3 part-time commissioners who are ordinary commissioners.","sortOrder":563},{"sectionNumber":"sec.223A","sectionType":"section","heading":"Chief executive officer","content":"### sec.223A Chief executive officer\n\nThe commission must have a chief executive officer.\ns 223A ins 2016 No. 19 s 19","sortOrder":564},{"sectionNumber":"sec.224","sectionType":"section","heading":"Qualifications for appointment—chairperson and deputy chairperson","content":"### sec.224 Qualifications for appointment—chairperson and deputy chairperson\n\nA person is qualified for appointment as the chairperson or deputy chairperson if the person has served as, or is qualified for appointment as, a judge of—\nthe Supreme Court of Queensland; or\nthe Supreme Court of another State; or\nthe High Court of Australia; or\nthe Federal Court of Australia.\ns 224 amd 2014 No. 21 s 35 ; 2016 No. 19 s 45 (1) ; 2016 No. 19 s 45 (1)\n- (a) the Supreme Court of Queensland; or\n- (b) the Supreme Court of another State; or\n- (c) the High Court of Australia; or\n- (d) the Federal Court of Australia.","sortOrder":565},{"sectionNumber":"sec.225","sectionType":"section","heading":"Qualifications for appointment—chief executive officer and ordinary commissioners","content":"### sec.225 Qualifications for appointment—chief executive officer and ordinary commissioners\n\nA person is qualified for appointment as the chief executive officer if the person has qualifications, experience or standing appropriate to perform the functions of the chief executive officer.\nA person is qualified for appointment as an ordinary commissioner if—\nthe person has qualifications, experience or standing appropriate to assist the commission to perform its functions; and\nwere the person to be appointed, at least 2 of the ordinary commissioners would have a demonstrated interest, and an ability, in community affairs, public administration or organisational leadership.\ns 225 amd 2008 No. 59 s 24\nsub 2014 No. 21 s 36\namd 2016 No. 19 s 20 ; 2024 No. 41 s 34\n(sec.225-ssec.1) A person is qualified for appointment as the chief executive officer if the person has qualifications, experience or standing appropriate to perform the functions of the chief executive officer.\n(sec.225-ssec.2) A person is qualified for appointment as an ordinary commissioner if— the person has qualifications, experience or standing appropriate to assist the commission to perform its functions; and were the person to be appointed, at least 2 of the ordinary commissioners would have a demonstrated interest, and an ability, in community affairs, public administration or organisational leadership.\n- (a) the person has qualifications, experience or standing appropriate to assist the commission to perform its functions; and\n- (b) were the person to be appointed, at least 2 of the ordinary commissioners would have a demonstrated interest, and an ability, in community affairs, public administration or organisational leadership.","sortOrder":566},{"sectionNumber":"sec.226","sectionType":"section","heading":"Disqualification as commissioner or chief executive officer","content":"### sec.226 Disqualification as commissioner or chief executive officer\n\nAn ineligible person or the chief executive officer can not be appointed as, or continue as, a commissioner.\nAn ineligible person can not be appointed as, or continue as, the chief executive officer.\ns 226 sub 2016 No. 19 s 21\n(sec.226-ssec.1) An ineligible person or the chief executive officer can not be appointed as, or continue as, a commissioner.\n(sec.226-ssec.2) An ineligible person can not be appointed as, or continue as, the chief executive officer.","sortOrder":567},{"sectionNumber":"sec.227","sectionType":"section","heading":"Advertising for appointment","content":"### sec.227 Advertising for appointment\n\nThe Minister must advertise nationally for applications from suitably qualified persons to be considered for selection as the chairperson.\nThe Minister must advertise throughout the State for applications from suitably qualified persons to be considered for selection as the deputy chairperson, the chief executive officer or an ordinary commissioner.\nSubsections (1) and (2) do not apply to the reappointment of a person as a commissioner or the chief executive officer.\ns 227 amd 2009 No. 48 s 142 ; 2014 No. 21 s 37 ; 2016 No. 19 ss 22 , 45 (1)\n(sec.227-ssec.1) The Minister must advertise nationally for applications from suitably qualified persons to be considered for selection as the chairperson.\n(sec.227-ssec.2) The Minister must advertise throughout the State for applications from suitably qualified persons to be considered for selection as the deputy chairperson, the chief executive officer or an ordinary commissioner.\n(sec.227-ssec.3) Subsections (1) and (2) do not apply to the reappointment of a person as a commissioner or the chief executive officer.","sortOrder":568},{"sectionNumber":"sec.228","sectionType":"section","heading":"Prior consultation and bipartisan support for appointments","content":"### sec.228 Prior consultation and bipartisan support for appointments\n\nThe Minister may nominate a person for appointment to the office of chairperson, deputy chairperson, ordinary commissioner or the chief executive officer only if—\nthe Minister has consulted with—\nthe parliamentary committee; and\nexcept for an appointment as chairperson—the chairperson; and\nthe nomination is made with the bipartisan support of the parliamentary committee.\nWithin 30 days after the Minister consults with the parliamentary committee, the committee must notify the Minister in writing as to whether the nomination has the bipartisan support of the committee.\nHowever, if the parliamentary committee informs the Minister within the 30 days that it requires more time to consider the matter, the committee must notify the Minister in writing within a further 14 days as to whether the nomination has the bipartisan support of the committee.\ns 228 sub 2014 No. 21 s 38\namd 2014 No. 39 s 23B (retro)\nsub 2016 No. 19 s 23\namd 2024 No. 41 s 35\n(sec.228-ssec.1) The Minister may nominate a person for appointment to the office of chairperson, deputy chairperson, ordinary commissioner or the chief executive officer only if— the Minister has consulted with— the parliamentary committee; and except for an appointment as chairperson—the chairperson; and the nomination is made with the bipartisan support of the parliamentary committee.\n(sec.228-ssec.2) Within 30 days after the Minister consults with the parliamentary committee, the committee must notify the Minister in writing as to whether the nomination has the bipartisan support of the committee.\n(sec.228-ssec.3) However, if the parliamentary committee informs the Minister within the 30 days that it requires more time to consider the matter, the committee must notify the Minister in writing within a further 14 days as to whether the nomination has the bipartisan support of the committee.\n- (a) the Minister has consulted with— (i) the parliamentary committee; and (ii) except for an appointment as chairperson—the chairperson; and\n- (i) the parliamentary committee; and\n- (ii) except for an appointment as chairperson—the chairperson; and\n- (i) the parliamentary committee; and\n- (ii) except for an appointment as chairperson—the chairperson; and\n- (b) the nomination is made with the bipartisan support of the parliamentary committee.","sortOrder":569},{"sectionNumber":"sec.229","sectionType":"section","heading":"Appointment of officers","content":"### sec.229 Appointment of officers\n\nOfficers are to be appointed by the Governor in Council.\nOfficers are appointed under this Act and not the Public Sector Act 2022 .\ns 229 amd 2009 No. 25 s 83 sch\nsub 2014 No. 21 s 38\namd 2016 No. 16 s 24 ; 2022 No. 34 s 365 sch 3\n(sec.229-ssec.1) Officers are to be appointed by the Governor in Council.\n(sec.229-ssec.2) Officers are appointed under this Act and not the Public Sector Act 2022 .","sortOrder":570},{"sectionNumber":"sec.230","sectionType":"section","heading":null,"content":"### Section sec.230\n\ns 230 amd 2009 No. 25 s 83 sch ; 2009 No. 48 s 143\nom 2014 No. 21 s 38","sortOrder":571},{"sectionNumber":"sec.231","sectionType":"section","heading":"Duration of commissioners’ appointments","content":"### sec.231 Duration of commissioners’ appointments\n\nA commissioner holds office for a non-renewable term, of not more than 7 years, stated in the commissioner’s instrument of appointment.\nA person may not be reappointed as a commissioner.\ns 231 amd 2014 No. 21 s 39\nsub 2016 No. 19 s 25 ; 2024 No. 41 s 36 (amd 2025 No. 7 s 35 )\n(sec.231-ssec.1) A commissioner holds office for a non-renewable term, of not more than 7 years, stated in the commissioner’s instrument of appointment.\n(sec.231-ssec.2) A person may not be reappointed as a commissioner.","sortOrder":572},{"sectionNumber":"sec.231A","sectionType":"section","heading":"Duration of chief executive officer’s appointment","content":"### sec.231A Duration of chief executive officer’s appointment\n\nThe chief executive officer holds office for the term, not longer than 5 years, stated in the officer’s instrument of appointment.\nA person holding office as the chief executive officer may be reappointed to the office for a further term or terms as long as—\nno term of appointment is longer than 5 years; and\nthe person does not hold office for more than 10 years in total.\nSubsection (2) (b) has effect despite the Acts Interpretation Act 1954 , section 25 (1) (c) .\nSection 228 applies to the appointment of the chief executive officer for a further term under this section.\ns 231A ins 2024 No. 41 s 36\n(sec.231A-ssec.1) The chief executive officer holds office for the term, not longer than 5 years, stated in the officer’s instrument of appointment.\n(sec.231A-ssec.2) A person holding office as the chief executive officer may be reappointed to the office for a further term or terms as long as— no term of appointment is longer than 5 years; and the person does not hold office for more than 10 years in total.\n(sec.231A-ssec.3) Subsection (2) (b) has effect despite the Acts Interpretation Act 1954 , section 25 (1) (c) .\n(sec.231A-ssec.4) Section 228 applies to the appointment of the chief executive officer for a further term under this section.\n- (a) no term of appointment is longer than 5 years; and\n- (b) the person does not hold office for more than 10 years in total.","sortOrder":573},{"sectionNumber":"sec.232","sectionType":"section","heading":"Terms of appointment","content":"### sec.232 Terms of appointment\n\nAn officer is to be paid the remuneration and allowances decided by the Governor in Council.\nTo the extent that an officer’s terms and conditions are not provided for by this Act, the officer holds office on the terms and conditions decided by the Governor in Council.\nSee subdivision 3 for the chairperson’s pension entitlements.\ns 232 amd 2015 No. 2 s 46\nsub 2016 No. 19 s 25\n(sec.232-ssec.1) An officer is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.232-ssec.2) To the extent that an officer’s terms and conditions are not provided for by this Act, the officer holds office on the terms and conditions decided by the Governor in Council. See subdivision 3 for the chairperson’s pension entitlements.","sortOrder":574},{"sectionNumber":"sec.233","sectionType":"section","heading":"Preservation of rights","content":"### sec.233 Preservation of rights\n\nThis section applies if—\na person is appointed as the chairperson or chief executive officer; and\nthe person resigns the person’s role as a public service officer in order to accept the appointment.\nThe person retains and is entitled to all rights that have accrued to the person because of the person’s employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as the chairperson or chief executive officer were a continuation of service as a public service officer.\nAt the end of the person’s term of office or on resignation—\nthe person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as the chairperson or chief executive officer; and\nthe person’s service as the chairperson or chief executive officer is to be regarded as service of a like nature in the public service for deciding the person’s rights as a public service officer.\ns 233 amd 2014 No. 21 s 40 ; 2016 No. 19 s 45 (1)\n(sec.233-ssec.1) This section applies if— a person is appointed as the chairperson or chief executive officer; and the person resigns the person’s role as a public service officer in order to accept the appointment.\n(sec.233-ssec.2) The person retains and is entitled to all rights that have accrued to the person because of the person’s employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as the chairperson or chief executive officer were a continuation of service as a public service officer.\n(sec.233-ssec.3) At the end of the person’s term of office or on resignation— the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as the chairperson or chief executive officer; and the person’s service as the chairperson or chief executive officer is to be regarded as service of a like nature in the public service for deciding the person’s rights as a public service officer.\n- (a) a person is appointed as the chairperson or chief executive officer; and\n- (b) the person resigns the person’s role as a public service officer in order to accept the appointment.\n- (a) the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as the chairperson or chief executive officer; and\n- (b) the person’s service as the chairperson or chief executive officer is to be regarded as service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":575},{"sectionNumber":"sec.234","sectionType":"section","heading":"Leave of absence","content":"### sec.234 Leave of absence\n\nThe commission may grant leave to an officer in accordance with entitlements available to the officer under the officer’s conditions of office.\nHowever, only the Minister may grant extended leave to an officer.\nIn this section—\nextended leave means—\nfor the chairperson or chief executive officer—leave of more than 10 business days; or\nfor the deputy chairperson or an ordinary commissioner—leave of more than 20 business days.\ns 234 amd 2014 No. 21 s 41 ; 2016 No. 19 ss 26 , 45 (1)\n(sec.234-ssec.1) The commission may grant leave to an officer in accordance with entitlements available to the officer under the officer’s conditions of office.\n(sec.234-ssec.2) However, only the Minister may grant extended leave to an officer.\n(sec.234-ssec.3) In this section— extended leave means— for the chairperson or chief executive officer—leave of more than 10 business days; or for the deputy chairperson or an ordinary commissioner—leave of more than 20 business days.\n- (a) for the chairperson or chief executive officer—leave of more than 10 business days; or\n- (b) for the deputy chairperson or an ordinary commissioner—leave of more than 20 business days.","sortOrder":576},{"sectionNumber":"sec.235","sectionType":"section","heading":"Resignation","content":"### sec.235 Resignation\n\nAn officer may resign by signed notice given to the Minister.\ns 235 amd 2016 No. 19 s 27","sortOrder":577},{"sectionNumber":"sec.236","sectionType":"section","heading":"Termination of appointment","content":"### sec.236 Termination of appointment\n\nThe Governor in Council may terminate an officer’s appointment if the officer becomes incapable of satisfactorily performing the duties of office.\nThe Governor in Council may terminate a commissioner’s appointment if the commissioner is absent from 3 consecutive meetings of the commission without the commission’s prior leave and without reasonable excuse.\nThe Governor in Council must terminate the chairperson’s or chief executive officer’s appointment if the chairperson or chief executive officer engages in paid employment outside the chairperson’s or chief executive officer’s duties of office without the Minister’s approval.\nThe Governor may terminate an officer’s appointment if—\na recommendation to the Legislative Assembly to terminate the appointment is made with the bipartisan support of the parliamentary committee; and\nthe Legislative Assembly, by resolution, approves the termination of the appointment.\nThe office of a commissioner is vacated if the commissioner becomes an ineligible person or the chief executive officer.\nThe office of the chief executive officer is vacated if the chief executive officer becomes an ineligible person.\ns 236 amd 2014 No. 21 s 42\nsub 2016 No. 19 s 28\n(sec.236-ssec.1) The Governor in Council may terminate an officer’s appointment if the officer becomes incapable of satisfactorily performing the duties of office.\n(sec.236-ssec.2) The Governor in Council may terminate a commissioner’s appointment if the commissioner is absent from 3 consecutive meetings of the commission without the commission’s prior leave and without reasonable excuse.\n(sec.236-ssec.3) The Governor in Council must terminate the chairperson’s or chief executive officer’s appointment if the chairperson or chief executive officer engages in paid employment outside the chairperson’s or chief executive officer’s duties of office without the Minister’s approval.\n(sec.236-ssec.4) The Governor may terminate an officer’s appointment if— a recommendation to the Legislative Assembly to terminate the appointment is made with the bipartisan support of the parliamentary committee; and the Legislative Assembly, by resolution, approves the termination of the appointment.\n(sec.236-ssec.5) The office of a commissioner is vacated if the commissioner becomes an ineligible person or the chief executive officer.\n(sec.236-ssec.6) The office of the chief executive officer is vacated if the chief executive officer becomes an ineligible person.\n- (a) a recommendation to the Legislative Assembly to terminate the appointment is made with the bipartisan support of the parliamentary committee; and\n- (b) the Legislative Assembly, by resolution, approves the termination of the appointment.","sortOrder":578},{"sectionNumber":"sec.237","sectionType":"section","heading":"Acting appointments","content":"### sec.237 Acting appointments\n\nThe Governor in Council may appoint a qualified person to act in the office of chairperson, deputy chairperson, ordinary commissioner or the chief executive officer for all or part of a period in which—\nthe office is vacant; or\nthe person holding the office is absent from duty or from the State or, for another reason, can not perform the duties of the office.\nA person may not be appointed to act in the office for—\na continuous period of more than 3 months; or\na period that, with the periods of other appointments of the person to act in the office, form a continuous period of more than 3 months.\nHowever, subsection (2) does not apply if the Minister recommends the person for the appointment with the bipartisan support of the parliamentary committee.\nThe Minister must consult with the chairperson before recommending the person for the appointment.\nSections 227 and 228 do not apply to the appointment.\nIn this section—\nqualified , in relation to an appointment to act in an office, means qualified for appointment to the office.\ns 237 sub 2014 No. 21 s 43 ; 2016 No. 19 s 28\n(sec.237-ssec.1) The Governor in Council may appoint a qualified person to act in the office of chairperson, deputy chairperson, ordinary commissioner or the chief executive officer for all or part of a period in which— the office is vacant; or the person holding the office is absent from duty or from the State or, for another reason, can not perform the duties of the office.\n(sec.237-ssec.2) A person may not be appointed to act in the office for— a continuous period of more than 3 months; or a period that, with the periods of other appointments of the person to act in the office, form a continuous period of more than 3 months.\n(sec.237-ssec.3) However, subsection (2) does not apply if the Minister recommends the person for the appointment with the bipartisan support of the parliamentary committee.\n(sec.237-ssec.4) The Minister must consult with the chairperson before recommending the person for the appointment.\n(sec.237-ssec.5) Sections 227 and 228 do not apply to the appointment.\n(sec.237-ssec.6) In this section— qualified , in relation to an appointment to act in an office, means qualified for appointment to the office.\n- (a) the office is vacant; or\n- (b) the person holding the office is absent from duty or from the State or, for another reason, can not perform the duties of the office.\n- (a) a continuous period of more than 3 months; or\n- (b) a period that, with the periods of other appointments of the person to act in the office, form a continuous period of more than 3 months.","sortOrder":579},{"sectionNumber":"sec.237A","sectionType":"section","heading":null,"content":"### Section sec.237A\n\ns 237A ins 2013 No. 64 s 42\nom 2014 No. 21 s 43","sortOrder":580},{"sectionNumber":"sec.238","sectionType":"section","heading":"Disclosure of interests","content":"### sec.238 Disclosure of interests\n\nThe commission must keep a register of each officer’s pecuniary interests and personal or political associations.\nEach officer must give to the commission and the Minister—\nas soon as practicable after the officer’s appointment—a written summary of the officer’s pecuniary interests and personal or political associations at the time of the officer’s appointment; and\nwithin 30 days after any substantial change in the officer’s pecuniary interests or personal or political associations—notice of the change and an updated written summary of the officer’s pecuniary interests and personal or political associations.\nThe register kept under subsection (1) must be updated at least once during each 12 month period of an officer’s term of office.\nIn this section—\npersonal or political association , of an officer, means a personal or political association that might influence the officer in the discharge of the officer’s duties.\ns 238 amd 2016 No. 19 s 29\n(sec.238-ssec.1) The commission must keep a register of each officer’s pecuniary interests and personal or political associations.\n(sec.238-ssec.2) Each officer must give to the commission and the Minister— as soon as practicable after the officer’s appointment—a written summary of the officer’s pecuniary interests and personal or political associations at the time of the officer’s appointment; and within 30 days after any substantial change in the officer’s pecuniary interests or personal or political associations—notice of the change and an updated written summary of the officer’s pecuniary interests and personal or political associations.\n(sec.238-ssec.3) The register kept under subsection (1) must be updated at least once during each 12 month period of an officer’s term of office.\n(sec.238-ssec.4) In this section— personal or political association , of an officer, means a personal or political association that might influence the officer in the discharge of the officer’s duties. s 238 amd 2016 No. 19 s 29\n- (a) as soon as practicable after the officer’s appointment—a written summary of the officer’s pecuniary interests and personal or political associations at the time of the officer’s appointment; and\n- (b) within 30 days after any substantial change in the officer’s pecuniary interests or personal or political associations—notice of the change and an updated written summary of the officer’s pecuniary interests and personal or political associations.","sortOrder":581},{"sectionNumber":"sec.238A","sectionType":"section","heading":"Definitions for sdiv 3","content":"### sec.238A Definitions for sdiv 3\n\nIn this subdivision—\nformer chairperson means a person who has held office as the chairperson.\ns 238A def former chairperson amd 2016 No. 19 s 45 (1)\njudge means a Supreme Court judge or District Court judge.\nJudges Pensions Act means the Judges (Pensions and Long Leave) Act 1957 .\nprescribed salary means the total of the following payable to a Supreme Court judge, other than the Chief Justice or President of the Court of Appeal, under the Judicial Remuneration Act 2007 —\nthe annual rate of salary;\nthe annual rate of the jurisprudential allowance and expense-of-office allowance.\ns 238A ins 2015 No. 2 s 47\n- (a) the annual rate of salary;\n- (b) the annual rate of the jurisprudential allowance and expense-of-office allowance.","sortOrder":582},{"sectionNumber":"sec.238B","sectionType":"section","heading":"Judges pension scheme applies to chairperson","content":"### sec.238B Judges pension scheme applies to chairperson\n\nThe Judges Pensions Act , other than sections 15 and 15A , applies to a former chairperson as if a reference to a judge in that Act included a reference to a former chairperson, but with—\nthe changes set out in this subdivision; and\nother changes necessary to enable that Act to apply to a former chairperson.\ns 238B ins 2015 No. 2 s 47\namd 2016 No. 19 s 45 (1)\n- (a) the changes set out in this subdivision; and\n- (b) other changes necessary to enable that Act to apply to a former chairperson.","sortOrder":583},{"sectionNumber":"sec.238C","sectionType":"section","heading":"Period for which person holds office as chairperson","content":"### sec.238C Period for which person holds office as chairperson\n\nFor applying the Judges Pensions Act to a former chairperson under this subdivision, the following are to be counted as a period for which a person held office as the chairperson—\nany period, before the person’s appointment as the chairperson, that would be counted as service as a judge for the purposes of the Judges Pensions Act ;\nany period, before the person’s appointment as the chairperson, for which the person acted as the chairperson.\ns 238C ins 2015 No. 2 s 47\namd 2016 No. 19 s 45 (1)\n- (a) any period, before the person’s appointment as the chairperson, that would be counted as service as a judge for the purposes of the Judges Pensions Act ;\n- (b) any period, before the person’s appointment as the chairperson, for which the person acted as the chairperson.","sortOrder":584},{"sectionNumber":"sec.238D","sectionType":"section","heading":"Pension at end of appointment generally","content":"### sec.238D Pension at end of appointment generally\n\nThe Judges Pensions Act , sections 3 and 4 apply to a former chairperson—\nif the former chairperson held office as the chairperson for at least 5 years; and\nregardless of the former chairperson’s age when the former chairperson ceased to hold the office.\nSee, however, section 238F for when a pension becomes payable.\nHowever, the annual pension to which the former chairperson is entitled is an annual pension—\nat a rate equal to 6% of the prescribed salary for each year for which the former chairperson held office as the chairperson; but\nup to a maximum of 60% of the prescribed salary.\ns 238D ins 2015 No. 2 s 47\namd 2016 No. 19 s 45 (1) – (2)\n(sec.238D-ssec.1) The Judges Pensions Act , sections 3 and 4 apply to a former chairperson— if the former chairperson held office as the chairperson for at least 5 years; and regardless of the former chairperson’s age when the former chairperson ceased to hold the office. See, however, section 238F for when a pension becomes payable.\n(sec.238D-ssec.2) However, the annual pension to which the former chairperson is entitled is an annual pension— at a rate equal to 6% of the prescribed salary for each year for which the former chairperson held office as the chairperson; but up to a maximum of 60% of the prescribed salary.\n- (a) if the former chairperson held office as the chairperson for at least 5 years; and\n- (b) regardless of the former chairperson’s age when the former chairperson ceased to hold the office.\n- (a) at a rate equal to 6% of the prescribed salary for each year for which the former chairperson held office as the chairperson; but\n- (b) up to a maximum of 60% of the prescribed salary.","sortOrder":585},{"sectionNumber":"sec.238E","sectionType":"section","heading":"Pension if appointment ends because of ill health","content":"### sec.238E Pension if appointment ends because of ill health\n\nThe Judges Pensions Act , section 5 applies to a former chairperson if—\nthe former chairperson resigned the office as the chairperson and both of the following apply—\na specialist health practitioner certifies to the Minister that the former chairperson’s resignation is because of permanent disability or infirmity;\nthe Minister is satisfied the former chairperson’s resignation is because of permanent disability or infirmity; or\nthe former chairperson’s appointment as chairperson was terminated under section 236 (1) because of a proved incapacity to perform the duties of office.\nHowever, the annual pension to which the former chairperson is entitled is an annual pension—\nat a rate equal to 6% of the prescribed salary for each year of the period consisting of—\nthe period for which the former chairperson held office as the chairperson; and\nthe period for which the former chairperson could have held office as the chairperson under the former chairperson’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the former chairperson had not resigned, or had the appointment as chairperson terminated, as mentioned in subsection (1) ; but\nA person is appointed as the chairperson for a term of 3 years with an option to renew the appointment for a further term of 2 years. The person resigns from the office after 2 1 / 2 years because of a permanent disability or infirmity. The annual pension under paragraph (a) is 30% of the prescribed salary, which is worked out by applying a rate of 6% of the prescribed salary for each year of the 5-year period (being the total of the 2 1 / 2 years the person held office as the chairperson and the 2 1 / 2 years the person could have held the office as the chairperson if the person had not resigned because of a permanent disability or infirmity).\nup to a maximum of 60% of the prescribed salary.\nAlso, a former chairperson is entitled to an annual pension as set out in this section only if the period mentioned in subsection (2) (a) is at least 5 years.\nIn this section—\nspecialist health practitioner see the Health Practitioner Regulation National Law (Queensland) , section 5 .\ns 238E ins 2015 No. 2 s 47\namd 2016 No. 19 ss 30 , 45 (1) – (2) ; 2020 No. 15 s 47 ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.238E-ssec.1) The Judges Pensions Act , section 5 applies to a former chairperson if— the former chairperson resigned the office as the chairperson and both of the following apply— a specialist health practitioner certifies to the Minister that the former chairperson’s resignation is because of permanent disability or infirmity; the Minister is satisfied the former chairperson’s resignation is because of permanent disability or infirmity; or the former chairperson’s appointment as chairperson was terminated under section 236 (1) because of a proved incapacity to perform the duties of office.\n(sec.238E-ssec.2) However, the annual pension to which the former chairperson is entitled is an annual pension— at a rate equal to 6% of the prescribed salary for each year of the period consisting of— the period for which the former chairperson held office as the chairperson; and the period for which the former chairperson could have held office as the chairperson under the former chairperson’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the former chairperson had not resigned, or had the appointment as chairperson terminated, as mentioned in subsection (1) ; but A person is appointed as the chairperson for a term of 3 years with an option to renew the appointment for a further term of 2 years. The person resigns from the office after 2 1 / 2 years because of a permanent disability or infirmity. The annual pension under paragraph (a) is 30% of the prescribed salary, which is worked out by applying a rate of 6% of the prescribed salary for each year of the 5-year period (being the total of the 2 1 / 2 years the person held office as the chairperson and the 2 1 / 2 years the person could have held the office as the chairperson if the person had not resigned because of a permanent disability or infirmity). up to a maximum of 60% of the prescribed salary.\n(sec.238E-ssec.3) Also, a former chairperson is entitled to an annual pension as set out in this section only if the period mentioned in subsection (2) (a) is at least 5 years.\n(sec.238E-ssec.4) In this section— specialist health practitioner see the Health Practitioner Regulation National Law (Queensland) , section 5 .\n- (a) the former chairperson resigned the office as the chairperson and both of the following apply— (i) a specialist health practitioner certifies to the Minister that the former chairperson’s resignation is because of permanent disability or infirmity; (ii) the Minister is satisfied the former chairperson’s resignation is because of permanent disability or infirmity; or\n- (i) a specialist health practitioner certifies to the Minister that the former chairperson’s resignation is because of permanent disability or infirmity;\n- (ii) the Minister is satisfied the former chairperson’s resignation is because of permanent disability or infirmity; or\n- (b) the former chairperson’s appointment as chairperson was terminated under section 236 (1) because of a proved incapacity to perform the duties of office.\n- (i) a specialist health practitioner certifies to the Minister that the former chairperson’s resignation is because of permanent disability or infirmity;\n- (ii) the Minister is satisfied the former chairperson’s resignation is because of permanent disability or infirmity; or\n- (a) at a rate equal to 6% of the prescribed salary for each year of the period consisting of— (i) the period for which the former chairperson held office as the chairperson; and (ii) the period for which the former chairperson could have held office as the chairperson under the former chairperson’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the former chairperson had not resigned, or had the appointment as chairperson terminated, as mentioned in subsection (1) ; but Example for paragraph (a) — A person is appointed as the chairperson for a term of 3 years with an option to renew the appointment for a further term of 2 years. The person resigns from the office after 2 1 / 2 years because of a permanent disability or infirmity. The annual pension under paragraph (a) is 30% of the prescribed salary, which is worked out by applying a rate of 6% of the prescribed salary for each year of the 5-year period (being the total of the 2 1 / 2 years the person held office as the chairperson and the 2 1 / 2 years the person could have held the office as the chairperson if the person had not resigned because of a permanent disability or infirmity).\n- (i) the period for which the former chairperson held office as the chairperson; and\n- (ii) the period for which the former chairperson could have held office as the chairperson under the former chairperson’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the former chairperson had not resigned, or had the appointment as chairperson terminated, as mentioned in subsection (1) ; but\n- (b) up to a maximum of 60% of the prescribed salary.\n- (i) the period for which the former chairperson held office as the chairperson; and\n- (ii) the period for which the former chairperson could have held office as the chairperson under the former chairperson’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the former chairperson had not resigned, or had the appointment as chairperson terminated, as mentioned in subsection (1) ; but","sortOrder":586},{"sectionNumber":"sec.238F","sectionType":"section","heading":"When chairperson’s pension becomes payable","content":"### sec.238F When chairperson’s pension becomes payable\n\nThis section applies if a former chairperson is entitled to a pension under the Judges Pensions Act , as applying under this subdivision.\nThe pension does not become payable until the former chairperson reaches 65 years of age.\ns 238F ins 2015 No. 2 s 47\namd 2016 No. 19 s 45 (1) – (2)\n(sec.238F-ssec.1) This section applies if a former chairperson is entitled to a pension under the Judges Pensions Act , as applying under this subdivision.\n(sec.238F-ssec.2) The pension does not become payable until the former chairperson reaches 65 years of age.","sortOrder":587},{"sectionNumber":"sec.238G","sectionType":"section","heading":"Pension of spouse and children on death of chairperson","content":"### sec.238G Pension of spouse and children on death of chairperson\n\nThe Judges Pensions Act , sections 7 to 8A apply to a former chairperson if the former chairperson is entitled to a pension under the Judges Pensions Act , as applying under this subdivision.\nThe Judges Pensions Act , sections 7 and 8A apply to a spouse or child of a former chairperson who dies before the former chairperson reaches 65 years of age in the way the sections apply to a spouse or child of a judge who dies before retirement.\nHowever, if the spouse or child is entitled to a pension under the Judges Pensions Act , section 7 or 8A , the pension is not payable to the spouse or child until the time when the former chairperson would have reached 65 years of age.\nThe Judges Pensions Act , sections 8 and 8A apply to a spouse or child of a former chairperson who dies after the former chairperson reached 65 years of age in the way the sections apply to a spouse or child of a retired judge.\nIn this section—\nchild includes adopted child.\ns 238G ins 2015 No. 2 s 47\namd 2016 No. 19 s 45 (1)\n(sec.238G-ssec.1) The Judges Pensions Act , sections 7 to 8A apply to a former chairperson if the former chairperson is entitled to a pension under the Judges Pensions Act , as applying under this subdivision.\n(sec.238G-ssec.2) The Judges Pensions Act , sections 7 and 8A apply to a spouse or child of a former chairperson who dies before the former chairperson reaches 65 years of age in the way the sections apply to a spouse or child of a judge who dies before retirement.\n(sec.238G-ssec.3) However, if the spouse or child is entitled to a pension under the Judges Pensions Act , section 7 or 8A , the pension is not payable to the spouse or child until the time when the former chairperson would have reached 65 years of age.\n(sec.238G-ssec.4) The Judges Pensions Act , sections 8 and 8A apply to a spouse or child of a former chairperson who dies after the former chairperson reached 65 years of age in the way the sections apply to a spouse or child of a retired judge.\n(sec.238G-ssec.5) In this section— child includes adopted child.","sortOrder":588},{"sectionNumber":"sec.238H","sectionType":"section","heading":"What happens if former chairperson is removed from office as a judge","content":"### sec.238H What happens if former chairperson is removed from office as a judge\n\nThe Judges Pensions Act , section 16 applies to a person who is a former chairperson if the person was a judge removed from office as mentioned in the section after the person held office as chairperson.\ns 238H ins 2015 No. 2 s 47\namd 2016 No. 19 s 45 (1)","sortOrder":589},{"sectionNumber":"sec.238I","sectionType":"section","heading":"What happens if former chairperson’s appointment is terminated under s 236 (3)","content":"### sec.238I What happens if former chairperson’s appointment is terminated under s 236 (3)\n\nThis subdivision does not apply to a former chairperson if the former chairperson’s appointment is terminated under section 236 (4) unless the Governor in Council decides otherwise.\ns 238I ins 2015 No. 2 s 47\namd 2016 No. 19 ss 31 , 45 (1) – (2)","sortOrder":590},{"sectionNumber":"sec.238J","sectionType":"section","heading":"Former chairperson entitled to other pension","content":"### sec.238J Former chairperson entitled to other pension\n\nA pension is not payable, or stops being payable, under the Judges Pensions Act in relation to a former chairperson in the capacity of a former chairperson if a pension is payable under that Act in relation to the former chairperson in the capacity of—\na judge; or\na member of the Land Court, the industrial court, or the industrial commission.\nSee the Judges Pensions Act , sections 2AB and 2BA for the pension entitlements of persons who have been appointed as the chairperson.\ns 238J ins 2015 No. 2 s 47\namd 2016 No. 19 s 45 (1) ; 2024 No. 24 s 57 s ch 1 pt 2\n- (a) a judge; or\n- (b) a member of the Land Court, the industrial court, or the industrial commission.","sortOrder":591},{"sectionNumber":"sec.238K","sectionType":"section","heading":"Provision about agreements and court orders under Family Law Act 1975 (Cwlth)","content":"### sec.238K Provision about agreements and court orders under Family Law Act 1975 (Cwlth)\n\nThe Judges Pensions Act , part 2 , division 2 applies to a former chairperson as follows—\nthe reference to a retired judge in section 9 of that Act, definition entitled former spouse is taken to be a reference to a former chairperson;\ninformation allowed to be given under section 10 of that Act includes information about a benefit for a person who holds office as the chairperson;\nsection 11 and section 12 of that Act apply whether the person is the chairperson or a former chairperson at the operative time mentioned in the section;\nsection 13 of that Act applies in relation to a person who is the chairperson at the operative time mentioned in the section and dies while holding office as the chairperson.\nHowever, if a person who is the chairperson at the operative time mentioned in the Judges Pensions Act , section 13 dies before reaching 65 years of age, the pension payable to the person’s entitled former spouse under the section does not become payable until the time when the person would have reached 65 years of age.\ns 238K ins 2015 No. 2 s 47\namd 2016 No. 19 s 45 (1)\n(sec.238K-ssec.1) The Judges Pensions Act , part 2 , division 2 applies to a former chairperson as follows— the reference to a retired judge in section 9 of that Act, definition entitled former spouse is taken to be a reference to a former chairperson; information allowed to be given under section 10 of that Act includes information about a benefit for a person who holds office as the chairperson; section 11 and section 12 of that Act apply whether the person is the chairperson or a former chairperson at the operative time mentioned in the section; section 13 of that Act applies in relation to a person who is the chairperson at the operative time mentioned in the section and dies while holding office as the chairperson.\n(sec.238K-ssec.2) However, if a person who is the chairperson at the operative time mentioned in the Judges Pensions Act , section 13 dies before reaching 65 years of age, the pension payable to the person’s entitled former spouse under the section does not become payable until the time when the person would have reached 65 years of age.\n- (a) the reference to a retired judge in section 9 of that Act, definition entitled former spouse is taken to be a reference to a former chairperson;\n- (b) information allowed to be given under section 10 of that Act includes information about a benefit for a person who holds office as the chairperson;\n- (c) section 11 and section 12 of that Act apply whether the person is the chairperson or a former chairperson at the operative time mentioned in the section;\n- (d) section 13 of that Act applies in relation to a person who is the chairperson at the operative time mentioned in the section and dies while holding office as the chairperson.","sortOrder":592},{"sectionNumber":"ch.6-pt.1-div.2A","sectionType":"division","heading":"Sessional commissioners","content":"## Sessional commissioners","sortOrder":593},{"sectionNumber":"sec.239","sectionType":"section","heading":"Appointment of sessional commissioners","content":"### sec.239 Appointment of sessional commissioners\n\nThe chairperson may appoint as many sessional commissioners as are required to help the chairperson to perform the commission’s functions or exercise the commission’s powers by—\nconducting a hearing for a crime investigation, corruption investigation or the intelligence function; or\nexamining 1 or more witnesses, and reporting on the examination to the chairperson, for a crime investigation, corruption investigation or the intelligence function; or\nconducting a specific investigation relevant to the commission’s functions.\ns 239 sub 2014 No. 21 ss 44 , 46\namd 2016 No. 19 s 45 (1)\n- (a) conducting a hearing for a crime investigation, corruption investigation or the intelligence function; or\n- (b) examining 1 or more witnesses, and reporting on the examination to the chairperson, for a crime investigation, corruption investigation or the intelligence function; or\n- (c) conducting a specific investigation relevant to the commission’s functions.","sortOrder":594},{"sectionNumber":"sec.240","sectionType":"section","heading":"Qualification for appointment as a sessional commissioner","content":"### sec.240 Qualification for appointment as a sessional commissioner\n\nA person is qualified for appointment as a sessional commissioner only if the person has served as, or is qualified for appointment as, a judge of—\nthe Supreme Court of Queensland; or\nthe Supreme Court of another State; or\nthe High Court of Australia; or\nthe Federal Court of Australia.\ns 240 sub 2014 No. 21 ss 44 , 46\n- (a) the Supreme Court of Queensland; or\n- (b) the Supreme Court of another State; or\n- (c) the High Court of Australia; or\n- (d) the Federal Court of Australia.","sortOrder":595},{"sectionNumber":"sec.241","sectionType":"section","heading":"Disqualification as a sessional commissioner","content":"### sec.241 Disqualification as a sessional commissioner\n\nAn ineligible person or the chief executive officer can not be appointed as, or continue as, a sessional commissioner.\ns 241 sub 2014 No. 21 ss 44 , 46\namd 2016 No. 19 s 32","sortOrder":596},{"sectionNumber":"sec.242","sectionType":"section","heading":"Terms of appointment","content":"### sec.242 Terms of appointment\n\nA sessional commissioner is appointed on a sessional basis and holds office for the period, and on the terms and conditions, stated in the commissioner’s instrument of appointment.\ns 242 sub 2014 No. 21 ss 44 , 46","sortOrder":597},{"sectionNumber":"sec.243","sectionType":"section","heading":"Resignation","content":"### sec.243 Resignation\n\nA sessional commissioner may resign by signed notice given to the chairperson.\ns 243 sub 2014 No. 21 ss 44 , 46\namd 2016 No. 19 s 45 (1)","sortOrder":598},{"sectionNumber":"sec.244","sectionType":"section","heading":null,"content":"### Section sec.244\n\ns 244 amd 2009 No. 25 s 83 sch\nom 2014 No. 21 s 46","sortOrder":599},{"sectionNumber":"ch.6-pt.1-div.3","sectionType":"division","heading":"Senior officers","content":"## Senior officers","sortOrder":600},{"sectionNumber":"sec.245","sectionType":"section","heading":"Senior officers","content":"### sec.245 Senior officers\n\nThe commission may employ the senior officers necessary to enable the commission to perform its functions.\nSenior officers are to be employed under this Act and not under the Public Sector Act 2022 .\nThe commission must employ—\na senior officer who is responsible to the chairperson for the proper performance of the commission’s crime functions (the senior executive officer (crime) ); and\na senior officer who is responsible to the chairperson for the proper performance of the commission’s corruption functions (the senior executive officer (corruption) ).\nIn the performance of the commission’s functions or exercise of the commission’s powers, senior officers are subject to the direction and control of the chairperson.\nIn this section—\nsenior officer means a person who, in the chief executive officer’s opinion, is performing duties that would, if the person were a public service officer, be duties of a senior executive.\ns 245 amd 2009 No. 25 s 83 sch ; 2014 No. 21 s 47 ; 2016 No. 19 ss 33 , 45 (1) ; 2022 No. 34 s 365 sch 3\n(sec.245-ssec.1) The commission may employ the senior officers necessary to enable the commission to perform its functions.\n(sec.245-ssec.2) Senior officers are to be employed under this Act and not under the Public Sector Act 2022 .\n(sec.245-ssec.3) The commission must employ— a senior officer who is responsible to the chairperson for the proper performance of the commission’s crime functions (the senior executive officer (crime) ); and a senior officer who is responsible to the chairperson for the proper performance of the commission’s corruption functions (the senior executive officer (corruption) ).\n(sec.245-ssec.4) In the performance of the commission’s functions or exercise of the commission’s powers, senior officers are subject to the direction and control of the chairperson.\n(sec.245-ssec.5) In this section— senior officer means a person who, in the chief executive officer’s opinion, is performing duties that would, if the person were a public service officer, be duties of a senior executive.\n- (a) a senior officer who is responsible to the chairperson for the proper performance of the commission’s crime functions (the senior executive officer (crime) ); and\n- (b) a senior officer who is responsible to the chairperson for the proper performance of the commission’s corruption functions (the senior executive officer (corruption) ).","sortOrder":601},{"sectionNumber":"sec.246","sectionType":"section","heading":"Disqualification as a senior officer","content":"### sec.246 Disqualification as a senior officer\n\nAn ineligible person can not be appointed as, or continue as, a senior officer.","sortOrder":602},{"sectionNumber":"sec.247","sectionType":"section","heading":"Duration of appointment","content":"### sec.247 Duration of appointment\n\nA senior officer holds office for the term, not longer than 5 years, stated in the person’s contract of employment.\nA person appointed as a senior officer may be appointed for a further term if the commission considers that—\nthe person’s performance as a senior officer has been of the highest standard; and\nthe person is likely to continue to contribute at a high standard to the commission’s performance.\nHowever, a person must not hold office in the commission as a senior officer for more than 15 years in total.\nA person held office as a senior officer for 10 years, comprising an appointment for an initial term of 5 years and a reappointment for a further term of 5 years. The person may be reappointed as a senior officer for a further term of 5 years. However, the person must not continue in, or be reappointed to, the office at the end of that 5-year term.\nAny time a person held office in the commission as a senior officer before the commencement of this subsection must be included in working out the number of years under subsection (3) .\nFor subsections (3) and (4) , any time a person held office in the commission as an assistant commissioner under this Act before the commencement of this subsection is taken to be time held by the person in office in the commission as a senior officer.\nSubsection (7) applies if 10 years have elapsed since a person last held office in the commission as a senior officer and it is proposed to appoint the person as a senior officer in the commission.\nThe period for which the person previously held office is not to be counted in calculating under subsection (3) the total period for which the person may hold office in the commission as a senior officer.\nSubsections (3) to (7) have effect despite the Acts Interpretation Act 1954 , section 25 (1) (c) .\nIn this section—\nsenior officer means a senior officer whose principal duties relate directly to the performance of the commission’s prevention, crime, corruption, research or intelligence functions or the giving of legal advice to the commission, but does not include a senior officer whose duties support the commission’s functions.\nan officer whose principal duties relate to information technology matters\nan officer whose principal duties relate to financial matters\nan officer whose principal duties relate to human resource management matters\ns 247 amd 2006 No. 41 s 20 ; 2014 No. 21 s 48 ; 2024 No. 41 s 37\n(sec.247-ssec.1) A senior officer holds office for the term, not longer than 5 years, stated in the person’s contract of employment.\n(sec.247-ssec.2) A person appointed as a senior officer may be appointed for a further term if the commission considers that— the person’s performance as a senior officer has been of the highest standard; and the person is likely to continue to contribute at a high standard to the commission’s performance.\n(sec.247-ssec.3) However, a person must not hold office in the commission as a senior officer for more than 15 years in total. A person held office as a senior officer for 10 years, comprising an appointment for an initial term of 5 years and a reappointment for a further term of 5 years. The person may be reappointed as a senior officer for a further term of 5 years. However, the person must not continue in, or be reappointed to, the office at the end of that 5-year term.\n(sec.247-ssec.4) Any time a person held office in the commission as a senior officer before the commencement of this subsection must be included in working out the number of years under subsection (3) .\n(sec.247-ssec.5) For subsections (3) and (4) , any time a person held office in the commission as an assistant commissioner under this Act before the commencement of this subsection is taken to be time held by the person in office in the commission as a senior officer.\n(sec.247-ssec.6) Subsection (7) applies if 10 years have elapsed since a person last held office in the commission as a senior officer and it is proposed to appoint the person as a senior officer in the commission.\n(sec.247-ssec.7) The period for which the person previously held office is not to be counted in calculating under subsection (3) the total period for which the person may hold office in the commission as a senior officer.\n(sec.247-ssec.8) Subsections (3) to (7) have effect despite the Acts Interpretation Act 1954 , section 25 (1) (c) .\n(sec.247-ssec.9) In this section— senior officer means a senior officer whose principal duties relate directly to the performance of the commission’s prevention, crime, corruption, research or intelligence functions or the giving of legal advice to the commission, but does not include a senior officer whose duties support the commission’s functions. an officer whose principal duties relate to information technology matters an officer whose principal duties relate to financial matters an officer whose principal duties relate to human resource management matters\n- (a) the person’s performance as a senior officer has been of the highest standard; and\n- (b) the person is likely to continue to contribute at a high standard to the commission’s performance.\n- • an officer whose principal duties relate to information technology matters\n- • an officer whose principal duties relate to financial matters\n- • an officer whose principal duties relate to human resource management matters","sortOrder":603},{"sectionNumber":"sec.247A","sectionType":"section","heading":"Notice to parliamentary committee","content":"### sec.247A Notice to parliamentary committee\n\nIf a person is reappointed for a further term under section 247 (2) and the appointment will result in the person holding office in the commission as a senior officer for more than 10 years in total, the chief executive officer must give the parliamentary committee written notice of the appointment.\nThe notice must state the following—\nthe name of the person appointed for the further term;\nthe position the person holds in the commission;\nhow the matters mentioned in section 247 (2) (a) and (b) apply in relation to the person;\nthe period of the further term.\ns 247A ins 2006 No. 41 s 21\namd 2014 No. 21 s 49 ; 2024 No. 41 s 38\n(sec.247A-ssec.1) If a person is reappointed for a further term under section 247 (2) and the appointment will result in the person holding office in the commission as a senior officer for more than 10 years in total, the chief executive officer must give the parliamentary committee written notice of the appointment.\n(sec.247A-ssec.2) The notice must state the following— the name of the person appointed for the further term; the position the person holds in the commission; how the matters mentioned in section 247 (2) (a) and (b) apply in relation to the person; the period of the further term.\n- (a) the name of the person appointed for the further term;\n- (b) the position the person holds in the commission;\n- (c) how the matters mentioned in section 247 (2) (a) and (b) apply in relation to the person;\n- (d) the period of the further term.","sortOrder":604},{"sectionNumber":"sec.248","sectionType":"section","heading":"Basis of employment for senior officers","content":"### sec.248 Basis of employment for senior officers\n\nEach person appointed as a senior officer must enter into a written contract of employment with the commission.\nThe conditions of the person’s contract must be approved by the Minister.\nThe person’s conditions of employment are governed by this Act and the contract.\nThe contract of employment must state—\nsubject to section 247 , the term, not longer than 5 years, of the person’s employment; and\nthe person’s duties; and\nthat the person must meet any performance standards set by the chief executive officer; and\nthe remuneration to which the person is entitled; and\nthat the person may resign by signed notice of resignation given to the chief executive officer at least 1 month before the notice is to take effect; and\nthat the person’s appointment and contract of employment may be terminated by the chief executive officer by notice signed by the chief executive officer and given to the person at least 1 month before it is to take effect.\ns 248 amd 2014 No. 21 s 50\n(sec.248-ssec.1) Each person appointed as a senior officer must enter into a written contract of employment with the commission.\n(sec.248-ssec.2) The conditions of the person’s contract must be approved by the Minister.\n(sec.248-ssec.3) The person’s conditions of employment are governed by this Act and the contract.\n(sec.248-ssec.4) The contract of employment must state— subject to section 247 , the term, not longer than 5 years, of the person’s employment; and the person’s duties; and that the person must meet any performance standards set by the chief executive officer; and the remuneration to which the person is entitled; and that the person may resign by signed notice of resignation given to the chief executive officer at least 1 month before the notice is to take effect; and that the person’s appointment and contract of employment may be terminated by the chief executive officer by notice signed by the chief executive officer and given to the person at least 1 month before it is to take effect.\n- (a) subject to section 247 , the term, not longer than 5 years, of the person’s employment; and\n- (b) the person’s duties; and\n- (c) that the person must meet any performance standards set by the chief executive officer; and\n- (d) the remuneration to which the person is entitled; and\n- (e) that the person may resign by signed notice of resignation given to the chief executive officer at least 1 month before the notice is to take effect; and\n- (f) that the person’s appointment and contract of employment may be terminated by the chief executive officer by notice signed by the chief executive officer and given to the person at least 1 month before it is to take effect.","sortOrder":605},{"sectionNumber":"sec.249","sectionType":"section","heading":"Preservation of rights","content":"### sec.249 Preservation of rights\n\nThis section applies if—\na person is appointed as a senior officer; and\nthe person resigns the person’s role as a public service officer in order to accept the appointment.\nThe person retains and is entitled to all rights that have accrued to the person because of the person’s employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as a senior officer were a continuation of service as a public service officer.\nAt the end of the person’s term of office or on resignation—\nthe person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as a senior officer; and\nthe person’s service as a senior officer is to be regarded as service of a like nature in the public service for deciding the person’s rights as a public service officer.\ns 249 amd 2014 No. 21 s 94 (1) sch 1\n(sec.249-ssec.1) This section applies if— a person is appointed as a senior officer; and the person resigns the person’s role as a public service officer in order to accept the appointment.\n(sec.249-ssec.2) The person retains and is entitled to all rights that have accrued to the person because of the person’s employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as a senior officer were a continuation of service as a public service officer.\n(sec.249-ssec.3) At the end of the person’s term of office or on resignation— the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as a senior officer; and the person’s service as a senior officer is to be regarded as service of a like nature in the public service for deciding the person’s rights as a public service officer.\n- (a) a person is appointed as a senior officer; and\n- (b) the person resigns the person’s role as a public service officer in order to accept the appointment.\n- (a) the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as a senior officer; and\n- (b) the person’s service as a senior officer is to be regarded as service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":606},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 om 2014 No. 21 s 51","sortOrder":607},{"sectionNumber":"ch.6-pt.1-div.4","sectionType":"division","heading":"Roles of commission, chairperson and chief executive officer","content":"## Roles of commission, chairperson and chief executive officer","sortOrder":608},{"sectionNumber":"sec.251","sectionType":"section","heading":"Role of commission","content":"### sec.251 Role of commission\n\nThe commission is responsible for providing strategic leadership and direction for the performance of the commission’s functions, and the exercise of the commission’s powers, by the chairperson, chief executive officer and commission staff.\nThe commission is also responsible for—\nthe preparation of the commission’s strategic and business plans; and\nthe establishment of internal management committees and their charters; and\nthe preparation of the internal audit charter prepared for the Financial Accountability Act 2009 .\nIf asked by the chairperson, the commission may help the chairperson in the performance of the commission’s functions or exercise of the commission’s powers delegated to the chairperson under section 269 .\ns 251 amd 2002 No. 68 s 283 sch 3\nsub 2014 No. 21 s 52\namd 2016 No. 19 s 45 (1)\n(sec.251-ssec.1) The commission is responsible for providing strategic leadership and direction for the performance of the commission’s functions, and the exercise of the commission’s powers, by the chairperson, chief executive officer and commission staff.\n(sec.251-ssec.2) The commission is also responsible for— the preparation of the commission’s strategic and business plans; and the establishment of internal management committees and their charters; and the preparation of the internal audit charter prepared for the Financial Accountability Act 2009 .\n(sec.251-ssec.3) If asked by the chairperson, the commission may help the chairperson in the performance of the commission’s functions or exercise of the commission’s powers delegated to the chairperson under section 269 .\n- (a) the preparation of the commission’s strategic and business plans; and\n- (b) the establishment of internal management committees and their charters; and\n- (c) the preparation of the internal audit charter prepared for the Financial Accountability Act 2009 .","sortOrder":609},{"sectionNumber":"sec.252","sectionType":"section","heading":"Role of chairperson","content":"### sec.252 Role of chairperson\n\nThe chairperson—\nis the chair of the commission; and\nis responsible for the proper performance of the commission’s functions delegated to the chairperson under section 269 .\nThe chairperson is to—\nperform the functions, and exercise the powers, of the commission delegated to the chairperson under section 269 ; and\nperform the other functions, and exercise the other powers, conferred on the chairperson under this Act or another Act.\nThe chairperson is to report to the commission on the performance of the commission’s functions, but is not subject to the direction of the commission in the performance of a function or exercise of a power in an investigation, hearing, operation or other proceeding under this Act or another Act.\nAnything done in the commission’s name by the chairperson or the chairperson’s delegate is taken to have been done by the commission.\ns 252 sub 2014 No. 21 s 52\namd 2016 No. 19 s 45 (1) – (2)\n(sec.252-ssec.1) The chairperson— is the chair of the commission; and is responsible for the proper performance of the commission’s functions delegated to the chairperson under section 269 .\n(sec.252-ssec.2) The chairperson is to— perform the functions, and exercise the powers, of the commission delegated to the chairperson under section 269 ; and perform the other functions, and exercise the other powers, conferred on the chairperson under this Act or another Act.\n(sec.252-ssec.3) The chairperson is to report to the commission on the performance of the commission’s functions, but is not subject to the direction of the commission in the performance of a function or exercise of a power in an investigation, hearing, operation or other proceeding under this Act or another Act.\n(sec.252-ssec.4) Anything done in the commission’s name by the chairperson or the chairperson’s delegate is taken to have been done by the commission.\n- (a) is the chair of the commission; and\n- (b) is responsible for the proper performance of the commission’s functions delegated to the chairperson under section 269 .\n- (a) perform the functions, and exercise the powers, of the commission delegated to the chairperson under section 269 ; and\n- (b) perform the other functions, and exercise the other powers, conferred on the chairperson under this Act or another Act.","sortOrder":610},{"sectionNumber":"sec.253","sectionType":"section","heading":"Role of chief executive officer","content":"### sec.253 Role of chief executive officer\n\nThe chief executive officer is responsible to the commission for the administration of the commission.\nThe chief executive officer is to—\nperform the functions, and exercise the powers, of the commission delegated to the chief executive officer under section 269 ; and\nperform the functions and exercise the powers delegated to the chief executive officer by the chairperson; and\nperform the other functions, and exercise the other powers, conferred on the chief executive officer under this Act.\nIn performing a function or exercising a power under this Act, the chief executive officer is subject to the direction of—\nfor a function or power delegated to the chief executive officer by the chairperson—the chairperson; or\notherwise—the commission.\nThe chief executive is to report to the commission on—\nall matters relating to the administration of the commission; and\nthe performance of the functions and exercise of the powers mentioned in subsection (2) (a) and (c) .\nAnything done in the commission’s name by the chief executive officer or chief executive officer’s delegate is taken to have been done by the commission.\ns 253 sub 2014 No. 21 s 52\namd 2016 No. 19 s 45 (1)\n(sec.253-ssec.1) The chief executive officer is responsible to the commission for the administration of the commission.\n(sec.253-ssec.2) The chief executive officer is to— perform the functions, and exercise the powers, of the commission delegated to the chief executive officer under section 269 ; and perform the functions and exercise the powers delegated to the chief executive officer by the chairperson; and perform the other functions, and exercise the other powers, conferred on the chief executive officer under this Act.\n(sec.253-ssec.3) In performing a function or exercising a power under this Act, the chief executive officer is subject to the direction of— for a function or power delegated to the chief executive officer by the chairperson—the chairperson; or otherwise—the commission.\n(sec.253-ssec.4) The chief executive is to report to the commission on— all matters relating to the administration of the commission; and the performance of the functions and exercise of the powers mentioned in subsection (2) (a) and (c) .\n(sec.253-ssec.5) Anything done in the commission’s name by the chief executive officer or chief executive officer’s delegate is taken to have been done by the commission.\n- (a) perform the functions, and exercise the powers, of the commission delegated to the chief executive officer under section 269 ; and\n- (b) perform the functions and exercise the powers delegated to the chief executive officer by the chairperson; and\n- (c) perform the other functions, and exercise the other powers, conferred on the chief executive officer under this Act.\n- (a) for a function or power delegated to the chief executive officer by the chairperson—the chairperson; or\n- (b) otherwise—the commission.\n- (a) all matters relating to the administration of the commission; and\n- (b) the performance of the functions and exercise of the powers mentioned in subsection (2) (a) and (c) .","sortOrder":611},{"sectionNumber":"ch.6-pt.1-div.5","sectionType":"division","heading":"Commission staff and agents","content":"## Commission staff and agents","sortOrder":612},{"sectionNumber":"sec.254","sectionType":"section","heading":"Commission staff","content":"### sec.254 Commission staff\n\nThe commission may employ the staff necessary to enable the commission to perform its functions.\nThe staff are to be employed under this Act and not under the Public Sector Act 2022 .\nThe staff are to be paid the remuneration and allowances decided by the Minister.\nStaff employed at or above a level decided by the commission must be employed under a written contract of employment with the commission.\nStaff employed under a written contract of employment are not subject to any industrial instrument under the Industrial Relations Act 2016 or any determination or rule of an industrial tribunal.\nThe staff are subject to the direction and control of the chief executive officer.\ns 254 amd 2009 No. 25 s 83 sch ; 2014 No. 21 s 53 ; 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 365 sch 3\n(sec.254-ssec.1) The commission may employ the staff necessary to enable the commission to perform its functions.\n(sec.254-ssec.2) The staff are to be employed under this Act and not under the Public Sector Act 2022 .\n(sec.254-ssec.3) The staff are to be paid the remuneration and allowances decided by the Minister.\n(sec.254-ssec.4) Staff employed at or above a level decided by the commission must be employed under a written contract of employment with the commission.\n(sec.254-ssec.5) Staff employed under a written contract of employment are not subject to any industrial instrument under the Industrial Relations Act 2016 or any determination or rule of an industrial tribunal.\n(sec.254-ssec.6) The staff are subject to the direction and control of the chief executive officer.","sortOrder":613},{"sectionNumber":"sec.255","sectionType":"section","heading":"Secondment of officers","content":"### sec.255 Secondment of officers\n\nThe chief executive officer may arrange with the chief executive of a department, or with another unit of public administration, for the services of officers or employees of the department or other unit to be made available ( seconded ) to the commission.\nThe arrangement is not effective unless it has been approved by—\nfor a secondment of an officer or employee of the parliamentary service—the Speaker; or\nfor a secondment of a member of the police service—the Minister and the Minister administering the Police Service Administration Act 1990 ; or\nfor a secondment of another officer or employee—\nif the secondment is to a position at a level equivalent to or above the level of a senior officer under the Public Sector Act 2022 —the Minister and the Minister responsible for the unit of public administration from which the person is to be seconded; or\nif the secondment is to a position at another level—the chief executive of the unit of public administration from which the person is to be seconded.\nAn officer or employee seconded to the commission under this section is subject to the direction and control of the chief executive officer.\nHowever, if police officers are seconded to the commission, their efficient deployment is to be the joint responsibility of the chief executive officer and the most senior police officer seconded to the commission.\nWithout limiting section 174 (2) , a police officer seconded to the commission under this section continues to be a police officer for all purposes and to have the functions and powers of a police officer without being limited to the performance of the commission’s functions.\nA police officer seconded to the commission may exercise the powers of a police officer under the Police Powers and Responsibilities Act 2000 for an investigation of alleged corruption involving a relevant offence as defined in section 323 of that Act.\nThis section does not apply to the establishment of a police task force or to police officers who are part of a police task force.\ns 255 amd 2006 No. 26 s 93 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2006 No. 41 s 22 ; 2009 No. 25 s 83 sch ; 2014 No. 21 s 54 ; 2022 No. 34 s 365 sch 3\n(sec.255-ssec.1) The chief executive officer may arrange with the chief executive of a department, or with another unit of public administration, for the services of officers or employees of the department or other unit to be made available ( seconded ) to the commission.\n(sec.255-ssec.2) The arrangement is not effective unless it has been approved by— for a secondment of an officer or employee of the parliamentary service—the Speaker; or for a secondment of a member of the police service—the Minister and the Minister administering the Police Service Administration Act 1990 ; or for a secondment of another officer or employee— if the secondment is to a position at a level equivalent to or above the level of a senior officer under the Public Sector Act 2022 —the Minister and the Minister responsible for the unit of public administration from which the person is to be seconded; or if the secondment is to a position at another level—the chief executive of the unit of public administration from which the person is to be seconded.\n(sec.255-ssec.3) An officer or employee seconded to the commission under this section is subject to the direction and control of the chief executive officer.\n(sec.255-ssec.4) However, if police officers are seconded to the commission, their efficient deployment is to be the joint responsibility of the chief executive officer and the most senior police officer seconded to the commission.\n(sec.255-ssec.5) Without limiting section 174 (2) , a police officer seconded to the commission under this section continues to be a police officer for all purposes and to have the functions and powers of a police officer without being limited to the performance of the commission’s functions. A police officer seconded to the commission may exercise the powers of a police officer under the Police Powers and Responsibilities Act 2000 for an investigation of alleged corruption involving a relevant offence as defined in section 323 of that Act.\n(sec.255-ssec.6) This section does not apply to the establishment of a police task force or to police officers who are part of a police task force.\n- (a) for a secondment of an officer or employee of the parliamentary service—the Speaker; or\n- (b) for a secondment of a member of the police service—the Minister and the Minister administering the Police Service Administration Act 1990 ; or\n- (c) for a secondment of another officer or employee— (i) if the secondment is to a position at a level equivalent to or above the level of a senior officer under the Public Sector Act 2022 —the Minister and the Minister responsible for the unit of public administration from which the person is to be seconded; or (ii) if the secondment is to a position at another level—the chief executive of the unit of public administration from which the person is to be seconded.\n- (i) if the secondment is to a position at a level equivalent to or above the level of a senior officer under the Public Sector Act 2022 —the Minister and the Minister responsible for the unit of public administration from which the person is to be seconded; or\n- (ii) if the secondment is to a position at another level—the chief executive of the unit of public administration from which the person is to be seconded.\n- (i) if the secondment is to a position at a level equivalent to or above the level of a senior officer under the Public Sector Act 2022 —the Minister and the Minister responsible for the unit of public administration from which the person is to be seconded; or\n- (ii) if the secondment is to a position at another level—the chief executive of the unit of public administration from which the person is to be seconded.","sortOrder":614},{"sectionNumber":"sec.256","sectionType":"section","heading":"Engagement of agents","content":"### sec.256 Engagement of agents\n\nThe commission may engage suitably qualified persons to provide it with services, information or advice.\nA person engaged under subsection (1) is engaged on the terms and conditions decided by the commission and not under the Public Sector Act 2022 .\ns 256 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3 ; 2025 No. 7 s 25\n(sec.256-ssec.1) The commission may engage suitably qualified persons to provide it with services, information or advice.\n(sec.256-ssec.2) A person engaged under subsection (1) is engaged on the terms and conditions decided by the commission and not under the Public Sector Act 2022 .","sortOrder":615},{"sectionNumber":"sec.257","sectionType":"section","heading":"Commission officers","content":"### sec.257 Commission officers\n\nThis section applies to commission officers who are—\nemployed under section 254 ; or\nseconded under section 255 ; or\nengaged under section 256 .\nThe commission may issue directions for the performance of duties by the commission officers.\nA person who is a member of a relevant office and who is seconded to the commission under section 255 remains a member of the office from which the person was seconded.\nSubsection (3) is subject to subsection (2) and section 255 (4) .\nA person mentioned in subsection (3) —\nis entitled to the person’s existing and accruing rights as if employment as an officer of the commission were a continuation of employment in the relevant office; and\ncontinues to be required to contribute to any superannuation scheme to which the person is required to contribute as a member of the office.\ns 257 amd 2024 No. 41 s 39\n(sec.257-ssec.1) This section applies to commission officers who are— employed under section 254 ; or seconded under section 255 ; or engaged under section 256 .\n(sec.257-ssec.2) The commission may issue directions for the performance of duties by the commission officers.\n(sec.257-ssec.3) A person who is a member of a relevant office and who is seconded to the commission under section 255 remains a member of the office from which the person was seconded.\n(sec.257-ssec.4) Subsection (3) is subject to subsection (2) and section 255 (4) .\n(sec.257-ssec.5) A person mentioned in subsection (3) — is entitled to the person’s existing and accruing rights as if employment as an officer of the commission were a continuation of employment in the relevant office; and continues to be required to contribute to any superannuation scheme to which the person is required to contribute as a member of the office.\n- (a) employed under section 254 ; or\n- (b) seconded under section 255 ; or\n- (c) engaged under section 256 .\n- (a) is entitled to the person’s existing and accruing rights as if employment as an officer of the commission were a continuation of employment in the relevant office; and\n- (b) continues to be required to contribute to any superannuation scheme to which the person is required to contribute as a member of the office.","sortOrder":616},{"sectionNumber":"sec.258","sectionType":"section","heading":"Superannuation schemes","content":"### sec.258 Superannuation schemes\n\nThe commission may—\nestablish or amend superannuation schemes; or\njoin in establishing or amending superannuation schemes; or\ntake part in superannuation schemes.\nSubsection (1) does not apply to commission officers seconded under section 255 or engaged under section 256 .\nThe auditor-general must audit the schemes.\nSubsection (3) is subject to the Auditor-General Act 2009 .\ns 258 amd 2009 No. 9 s 136 sch 1\n(sec.258-ssec.1) The commission may— establish or amend superannuation schemes; or join in establishing or amending superannuation schemes; or take part in superannuation schemes.\n(sec.258-ssec.2) Subsection (1) does not apply to commission officers seconded under section 255 or engaged under section 256 .\n(sec.258-ssec.3) The auditor-general must audit the schemes.\n(sec.258-ssec.4) Subsection (3) is subject to the Auditor-General Act 2009 .\n- (a) establish or amend superannuation schemes; or\n- (b) join in establishing or amending superannuation schemes; or\n- (c) take part in superannuation schemes.","sortOrder":617},{"sectionNumber":"ch.6-pt.1-div.6","sectionType":"division","heading":"Performance accountability","content":"## Performance accountability","sortOrder":618},{"sectionNumber":"sec.259","sectionType":"section","heading":"Budget and performance","content":"### sec.259 Budget and performance\n\nFor each financial year, the commission must adopt and submit to the Minister a budget not later than the day the Minister directs.\nThe chief executive officer is responsible for developing the budget for the commission.\nA budget has no effect until approved by the Minister.\nDuring a financial year the commission may develop, adopt and submit to the Minister amendments to its budget.\nSee division 6A in relation to increasing the commission’s budget in a financial year.\nAn amendment has no effect until approved by the Minister.\nThe commission must comply with its budget.\ns 259 amd 2014 No. 21 s 55 ; 2024 No. 3 s 23\n(sec.259-ssec.1) For each financial year, the commission must adopt and submit to the Minister a budget not later than the day the Minister directs.\n(sec.259-ssec.2) The chief executive officer is responsible for developing the budget for the commission.\n(sec.259-ssec.3) A budget has no effect until approved by the Minister.\n(sec.259-ssec.4) During a financial year the commission may develop, adopt and submit to the Minister amendments to its budget. See division 6A in relation to increasing the commission’s budget in a financial year.\n(sec.259-ssec.5) An amendment has no effect until approved by the Minister.\n(sec.259-ssec.6) The commission must comply with its budget.","sortOrder":619},{"sectionNumber":"sec.260","sectionType":"section","heading":"Performance","content":"### sec.260 Performance\n\nThe Minister has a responsibility to ensure that the commission operates to best practice standards.\nTo help the Minister discharge that responsibility, the commission must report to the Minister, when and in the way required by the Minister, on the efficiency, effectiveness, economy and timeliness of the commission and its systems and processes, including operational processes.\nThe report must be accompanied by any financial or other reports the Minister requires to enable the Minister to assess the efficiency, effectiveness, economy or timeliness of the commission, including, in particular, the timeliness with which the commission deals with complaints.\nThe commission must comply with a Ministerial request under this section.\nThis section does not require the commission to give the Minister any details that, if given—\nwould prejudice a current sensitive operation of, or investigation by, the commission; or\nmay threaten—\nthe security of a protected person; or\nthe integrity of the witness protection program or other witness protection activities of the commission.\ns 260 amd 2006 No. 41 s 23\n(sec.260-ssec.1) The Minister has a responsibility to ensure that the commission operates to best practice standards.\n(sec.260-ssec.2) To help the Minister discharge that responsibility, the commission must report to the Minister, when and in the way required by the Minister, on the efficiency, effectiveness, economy and timeliness of the commission and its systems and processes, including operational processes.\n(sec.260-ssec.3) The report must be accompanied by any financial or other reports the Minister requires to enable the Minister to assess the efficiency, effectiveness, economy or timeliness of the commission, including, in particular, the timeliness with which the commission deals with complaints.\n(sec.260-ssec.4) The commission must comply with a Ministerial request under this section.\n(sec.260-ssec.5) This section does not require the commission to give the Minister any details that, if given— would prejudice a current sensitive operation of, or investigation by, the commission; or may threaten— the security of a protected person; or the integrity of the witness protection program or other witness protection activities of the commission.\n- (a) would prejudice a current sensitive operation of, or investigation by, the commission; or\n- (b) may threaten— (i) the security of a protected person; or (ii) the integrity of the witness protection program or other witness protection activities of the commission.\n- (i) the security of a protected person; or\n- (ii) the integrity of the witness protection program or other witness protection activities of the commission.\n- (i) the security of a protected person; or\n- (ii) the integrity of the witness protection program or other witness protection activities of the commission.","sortOrder":620},{"sectionNumber":"ch.6-pt.1-div.6A","sectionType":"division","heading":"Funding proposals","content":"## Funding proposals","sortOrder":621},{"sectionNumber":"sec.260A","sectionType":"section","heading":"Definitions for division","content":"### sec.260A Definitions for division\n\nIn this division—\nadditional funding , for a financial year, means funding from the State for the commission in addition to the allocated amount for the financial year.\nallocated amount , for a financial year, means the amount of funding from the State allocated to the commission for the financial year.\nfunding proposal means a written request for additional funding for a financial year or 2 or more financial years.\ns 260A ins 2024 No. 3 s 24","sortOrder":622},{"sectionNumber":"sec.260B","sectionType":"section","heading":"Application of division","content":"### sec.260B Application of division\n\nThis division applies if the chief executive officer decides additional funding is needed for a financial year or 2 or more financial years.\ns 260B ins 2024 No. 3 s 24","sortOrder":623},{"sectionNumber":"sec.260C","sectionType":"section","heading":"Requirement for, and approval of, funding proposal","content":"### sec.260C Requirement for, and approval of, funding proposal\n\nThe chief executive officer must—\nprepare a funding proposal for the additional funding; and\ngive the funding proposal to the relevant portfolio committee and a copy of the proposal to the Minister.\nWithin the period stated in subsection (3) , the relevant portfolio committee must review the chief executive officer’s funding proposal and give the Minister a report approving 1 of the following—\nthe chief executive officer’s funding proposal;\na funding proposal for a different amount or a different purpose, or both;\na proposal that provides for no additional funding for the commission.\nFor subsection (2) , the period is—\n20 business days after the relevant portfolio committee receives the chief executive officer’s funding proposal; or\nif, in the circumstances, the Treasurer decides the approval of a proposal under subsection (2) is required within a shorter period and has notified the relevant portfolio committee of the shorter period and the reasons for the shorter period—the shorter period.\nThe Treasurer may decide the approval of a proposal under subsection (2) is required within a shorter period so the Minister’s response to the proposal can be considered in the preparation of the State budget.\nThe relevant portfolio committee must prepare the report under subsection (2) in consultation with the appropriate officers of Queensland Treasury.\nIf the relevant portfolio committee does not give the Minister a report under subsection (2) within the period stated in subsection (3) , the committee is taken to have approved the chief executive officer’s funding proposal.\nIn this section—\nQueensland Treasury means the department in which the Financial Accountability Act 2009 is administered.\ns 260C ins 2024 No. 3 s 24\n(sec.260C-ssec.1) The chief executive officer must— prepare a funding proposal for the additional funding; and give the funding proposal to the relevant portfolio committee and a copy of the proposal to the Minister.\n(sec.260C-ssec.2) Within the period stated in subsection (3) , the relevant portfolio committee must review the chief executive officer’s funding proposal and give the Minister a report approving 1 of the following— the chief executive officer’s funding proposal; a funding proposal for a different amount or a different purpose, or both; a proposal that provides for no additional funding for the commission.\n(sec.260C-ssec.3) For subsection (2) , the period is— 20 business days after the relevant portfolio committee receives the chief executive officer’s funding proposal; or if, in the circumstances, the Treasurer decides the approval of a proposal under subsection (2) is required within a shorter period and has notified the relevant portfolio committee of the shorter period and the reasons for the shorter period—the shorter period. The Treasurer may decide the approval of a proposal under subsection (2) is required within a shorter period so the Minister’s response to the proposal can be considered in the preparation of the State budget.\n(sec.260C-ssec.4) The relevant portfolio committee must prepare the report under subsection (2) in consultation with the appropriate officers of Queensland Treasury.\n(sec.260C-ssec.5) If the relevant portfolio committee does not give the Minister a report under subsection (2) within the period stated in subsection (3) , the committee is taken to have approved the chief executive officer’s funding proposal.\n(sec.260C-ssec.6) In this section— Queensland Treasury means the department in which the Financial Accountability Act 2009 is administered.\n- (a) prepare a funding proposal for the additional funding; and\n- (b) give the funding proposal to the relevant portfolio committee and a copy of the proposal to the Minister.\n- (a) the chief executive officer’s funding proposal;\n- (b) a funding proposal for a different amount or a different purpose, or both;\n- (c) a proposal that provides for no additional funding for the commission.\n- (a) 20 business days after the relevant portfolio committee receives the chief executive officer’s funding proposal; or\n- (b) if, in the circumstances, the Treasurer decides the approval of a proposal under subsection (2) is required within a shorter period and has notified the relevant portfolio committee of the shorter period and the reasons for the shorter period—the shorter period. Example for paragraph (b) — The Treasurer may decide the approval of a proposal under subsection (2) is required within a shorter period so the Minister’s response to the proposal can be considered in the preparation of the State budget.","sortOrder":624},{"sectionNumber":"sec.260D","sectionType":"section","heading":"Tabling requirement","content":"### sec.260D Tabling requirement\n\nThe Minister must table the following documents in the Legislative Assembly for each proposal approved, or taken to be approved, by the relevant portfolio committee under this division—\nthe committee’s report about the proposal under section 260C (2) , if any;\na report setting out the Minister’s response to the proposal.\nThe documents must not be tabled in the Legislative Assembly before the Minister’s response to the proposal has been implemented.\nThe relevant portfolio committee’s report about the proposal under section 260C (2) must not be tabled in the Legislative Assembly other than as provided under subsections (1) and (2) .\nIn this section—\nproposal means—\na funding proposal mentioned in section 260C (2) (a) or (b) ; or\na proposal mentioned in section 260C (2) (c) .\ns 260D ins 2024 No. 3 s 24\n(sec.260D-ssec.1) The Minister must table the following documents in the Legislative Assembly for each proposal approved, or taken to be approved, by the relevant portfolio committee under this division— the committee’s report about the proposal under section 260C (2) , if any; a report setting out the Minister’s response to the proposal.\n(sec.260D-ssec.2) The documents must not be tabled in the Legislative Assembly before the Minister’s response to the proposal has been implemented.\n(sec.260D-ssec.3) The relevant portfolio committee’s report about the proposal under section 260C (2) must not be tabled in the Legislative Assembly other than as provided under subsections (1) and (2) .\n(sec.260D-ssec.4) In this section— proposal means— a funding proposal mentioned in section 260C (2) (a) or (b) ; or a proposal mentioned in section 260C (2) (c) .\n- (a) the committee’s report about the proposal under section 260C (2) , if any;\n- (b) a report setting out the Minister’s response to the proposal.\n- (a) a funding proposal mentioned in section 260C (2) (a) or (b) ; or\n- (b) a proposal mentioned in section 260C (2) (c) .","sortOrder":625},{"sectionNumber":"sec.260E","sectionType":"section","heading":"Relevant portfolio committee may obtain advice or information","content":"### sec.260E Relevant portfolio committee may obtain advice or information\n\nFor preparing a report under section 260C (2) , the relevant portfolio committee may obtain advice or other information from any of the following persons—\nthe Treasurer;\nthe Minister;\nthe chief executive officer;\nan officer of the department.\ns 260E ins 2024 No. 3 s 24\n- (a) the Treasurer;\n- (b) the Minister;\n- (c) the chief executive officer;\n- (d) an officer of the department.","sortOrder":626},{"sectionNumber":"sec.260F","sectionType":"section","heading":"Confidential information not required to be given","content":"### sec.260F Confidential information not required to be given\n\nNothing in this division requires the chief executive officer to include in a funding proposal, or the chief executive officer or any other person to give the relevant portfolio committee, any details that would, if given—\nprejudice a current investigation by the commission; or\ndisclose information that is privileged or subject to a duty to maintain confidentiality under an Act or other law.\ns 260F ins 2024 No. 3 s 24\n- (a) prejudice a current investigation by the commission; or\n- (b) disclose information that is privileged or subject to a duty to maintain confidentiality under an Act or other law.","sortOrder":627},{"sectionNumber":"ch.6-pt.1-div.7","sectionType":"division","heading":"Meetings and other business of commission","content":"## Meetings and other business of commission","sortOrder":628},{"sectionNumber":"sec.261","sectionType":"section","heading":"Conduct of business","content":"### sec.261 Conduct of business\n\nSubject to this division, the commission may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":629},{"sectionNumber":"sec.262","sectionType":"section","heading":"Chief executive officer or senior executive officer may attend meetings","content":"### sec.262 Chief executive officer or senior executive officer may attend meetings\n\nThe chief executive officer or a senior executive officer may attend commission meetings but is not entitled to vote at a meeting.\ns 262 sub 2014 No. 21 s 56 ; 2016 No. 19 s 34","sortOrder":630},{"sectionNumber":"sec.263","sectionType":"section","heading":"Times and places of meetings","content":"### sec.263 Times and places of meetings\n\nCommission meetings are to be held at the times and places the chairperson decides.\nHowever, the chairperson must call a meeting if asked, in writing, to do so by the Minister or at least the number of commissioners forming a quorum for the commission.\ns 263 amd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.263-ssec.1) Commission meetings are to be held at the times and places the chairperson decides.\n(sec.263-ssec.2) However, the chairperson must call a meeting if asked, in writing, to do so by the Minister or at least the number of commissioners forming a quorum for the commission.","sortOrder":631},{"sectionNumber":"sec.264","sectionType":"section","heading":"Quorum","content":"### sec.264 Quorum\n\nA quorum for a commission meeting is any 3 commissioners.\nHowever, if a report is to be presented to the commission for adoption, the quorum for the meeting is any 4 commissioners.\n(sec.264-ssec.1) A quorum for a commission meeting is any 3 commissioners.\n(sec.264-ssec.2) However, if a report is to be presented to the commission for adoption, the quorum for the meeting is any 4 commissioners.","sortOrder":632},{"sectionNumber":"sec.265","sectionType":"section","heading":"Presiding at meetings","content":"### sec.265 Presiding at meetings\n\nThe chairperson is to preside at all commission meetings at which the chairperson is present.\nIf the chairperson is absent from a commission meeting, the deputy chairperson is to preside at the meeting.\nIf both the chairperson and deputy chairperson are absent from a commission meeting, the commissioner chosen by the commissioners present is to preside at the meeting.\ns 265 amd 2014 No. 21 s 57 ; 2016 No. 19 s 45 (1)\n(sec.265-ssec.1) The chairperson is to preside at all commission meetings at which the chairperson is present.\n(sec.265-ssec.2) If the chairperson is absent from a commission meeting, the deputy chairperson is to preside at the meeting.\n(sec.265-ssec.3) If both the chairperson and deputy chairperson are absent from a commission meeting, the commissioner chosen by the commissioners present is to preside at the meeting.","sortOrder":633},{"sectionNumber":"sec.266","sectionType":"section","heading":"Conduct of meetings","content":"### sec.266 Conduct of meetings\n\nA question at a commission meeting is decided by a majority of the votes of the commissioners present.\nEach commissioner present at the meeting has a vote on each question to be decided and, if the votes are equal, the person presiding also has a casting vote.\nA commissioner present at the meeting who abstains from voting is taken to have voted for the negative.\nThe commission may hold meetings, or allow commissioners or officers mentioned in section 262 to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.\nteleconferencing\nA person who takes part in a commission meeting under subsection (4) is taken to be present at the meeting.\nA resolution is validly made by the commission, even if it is not passed at a commission meeting, if—\na majority of the commissioners gives written agreement to the resolution; and\nnotice of the resolution is given under procedures approved by the commission.\ns 266 amd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 35\n(sec.266-ssec.1) A question at a commission meeting is decided by a majority of the votes of the commissioners present.\n(sec.266-ssec.2) Each commissioner present at the meeting has a vote on each question to be decided and, if the votes are equal, the person presiding also has a casting vote.\n(sec.266-ssec.3) A commissioner present at the meeting who abstains from voting is taken to have voted for the negative.\n(sec.266-ssec.4) The commission may hold meetings, or allow commissioners or officers mentioned in section 262 to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting. teleconferencing\n(sec.266-ssec.5) A person who takes part in a commission meeting under subsection (4) is taken to be present at the meeting.\n(sec.266-ssec.6) A resolution is validly made by the commission, even if it is not passed at a commission meeting, if— a majority of the commissioners gives written agreement to the resolution; and notice of the resolution is given under procedures approved by the commission.\n- (a) a majority of the commissioners gives written agreement to the resolution; and\n- (b) notice of the resolution is given under procedures approved by the commission.","sortOrder":634},{"sectionNumber":"sec.267","sectionType":"section","heading":"Disclosure of interests","content":"### sec.267 Disclosure of interests\n\nThis section applies to a commissioner (the interested person ) if—\nthe interested person has a material personal interest in an issue being considered, or about to be considered, by the commission; and\nthe interest could conflict with the proper performance of the person’s duties about the consideration of the issue.\nAs soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a commission meeting.\nUnless the commission otherwise directs, the interested person must not—\nbe present when the commission considers the issue; or\ntake part in a decision of the commission about the issue.\nThe interested person must not be present when the commission is considering whether to give a direction under subsection (3) .\nIf there is another person who must, under subsection (2) , also disclose a material personal interest in the issue, the other person must not—\nbe present when the commission is considering whether to give a direction under subsection (3) about the interested person; or\ntake part in making the decision about giving the direction.\nIf—\nbecause of this section, a commissioner is not present at a commission meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum if the member were present;\nthe remaining persons present are a quorum of the commission for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\nA disclosure under subsection (2) must be recorded in the commission’s minutes.\nA failure to disclose a material personal interest does not, of itself, invalidate a commission decision.\nIn this section—\nmaterial personal interest means—\na direct or indirect interest relating to the personal affairs of the commissioner that may have, or be seen to have, a significant influence on the conduct of the commissioner at the meeting; or\na personal or political association that might influence the commissioner in the discharge of the commissioner’s duties.\n(sec.267-ssec.1) This section applies to a commissioner (the interested person ) if— the interested person has a material personal interest in an issue being considered, or about to be considered, by the commission; and the interest could conflict with the proper performance of the person’s duties about the consideration of the issue.\n(sec.267-ssec.2) As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a commission meeting.\n(sec.267-ssec.3) Unless the commission otherwise directs, the interested person must not— be present when the commission considers the issue; or take part in a decision of the commission about the issue.\n(sec.267-ssec.4) The interested person must not be present when the commission is considering whether to give a direction under subsection (3) .\n(sec.267-ssec.5) If there is another person who must, under subsection (2) , also disclose a material personal interest in the issue, the other person must not— be present when the commission is considering whether to give a direction under subsection (3) about the interested person; or take part in making the decision about giving the direction.\n(sec.267-ssec.6) If— because of this section, a commissioner is not present at a commission meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present; the remaining persons present are a quorum of the commission for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\n(sec.267-ssec.7) A disclosure under subsection (2) must be recorded in the commission’s minutes.\n(sec.267-ssec.8) A failure to disclose a material personal interest does not, of itself, invalidate a commission decision.\n(sec.267-ssec.9) In this section— material personal interest means— a direct or indirect interest relating to the personal affairs of the commissioner that may have, or be seen to have, a significant influence on the conduct of the commissioner at the meeting; or a personal or political association that might influence the commissioner in the discharge of the commissioner’s duties.\n- (a) the interested person has a material personal interest in an issue being considered, or about to be considered, by the commission; and\n- (b) the interest could conflict with the proper performance of the person’s duties about the consideration of the issue.\n- (a) be present when the commission considers the issue; or\n- (b) take part in a decision of the commission about the issue.\n- (a) be present when the commission is considering whether to give a direction under subsection (3) about the interested person; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a commissioner is not present at a commission meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum if the member were present;\n- (a) a direct or indirect interest relating to the personal affairs of the commissioner that may have, or be seen to have, a significant influence on the conduct of the commissioner at the meeting; or\n- (b) a personal or political association that might influence the commissioner in the discharge of the commissioner’s duties.","sortOrder":635},{"sectionNumber":"sec.268","sectionType":"section","heading":"Minutes","content":"### sec.268 Minutes\n\nThe commission must keep—\nminutes of its meetings; and\na record of any resolutions made under section 266 (6) .\nSubsection (3) applies if a resolution is passed at a commission meeting by a majority of the commissioners present.\nIf asked by a commissioner who voted against the passing of the resolution, the commission must record in the minutes of the meeting that the commissioner voted against the resolution.\n(sec.268-ssec.1) The commission must keep— minutes of its meetings; and a record of any resolutions made under section 266 (6) .\n(sec.268-ssec.2) Subsection (3) applies if a resolution is passed at a commission meeting by a majority of the commissioners present.\n(sec.268-ssec.3) If asked by a commissioner who voted against the passing of the resolution, the commission must record in the minutes of the meeting that the commissioner voted against the resolution.\n- (a) minutes of its meetings; and\n- (b) a record of any resolutions made under section 266 (6) .","sortOrder":636},{"sectionNumber":"ch.6-pt.1-div.8","sectionType":"division","heading":"Delegations and authorised commission officers","content":"## Delegations and authorised commission officers","sortOrder":637},{"sectionNumber":"sec.269","sectionType":"section","heading":"Delegation—commission","content":"### sec.269 Delegation—commission\n\nThe commission’s functions and powers under this Act or another Act, other than the commission’s functions under sections 234 , 251 (1) and (2) and 259 , are delegated to—\nfor a function or power under sections 40 , 245 , 254 , 256 , 258 , 260 and 346B , the commission’s financial accountability functions and the commission’s public record powers—the chief executive officer; or\notherwise—the chairperson.\nHowever, in issuing a direction under section 40 , the chief executive officer is subject to the direction and control of the chairperson.\nThe chief executive officer may sub-delegate a function or power of the commission delegated to the chief executive officer under subsection (1) to an appropriately qualified commission officer.\nHowever—\nthe commission’s powers under section 254 in relation to the appointment of a person at a level equivalent to or above the level of a senior officer can not be sub-delegated by the chief executive officer; and\nthe commission’s functions and powers under section 346B , and the commission’s public record powers, may only be sub-delegated to a senior executive officer.\nThe chairperson may sub-delegate a function or power of the commission delegated to the chairperson under subsection (1) to an appropriately qualified commission officer.\nHowever, the commission’s powers under the provisions mentioned in column 1 of the following table may only be sub-delegated to the commission officer or officers mentioned in column 2 of the table—\nProvision\nCommission officer\nsection 50 (Commission may apply to QCAT about corrupt conduct)\nsenior executive officer\nsection 257 (2) (Commission officers)\nchief executive officer\nIn this section—\ncommission’s financial accountability functions means the commission’s functions under the Financial Accountability Act 2009 .\ncommission’s public record powers means the commission’s powers under the Public Records Act 2023 as the responsible public authority for a public record.\ns 269 amd 2006 No. 41 s 24 ; 2013 No. 51 s 228B\nsub 2014 No. 21 s 58\namd 2016 No. 19 ss 36 , 45 (1) ; 2018 No. 29 s 25 ; 2023 No. 33 s 107 sch 5 ; 2025 No. 7 s 26\n(sec.269-ssec.1) The commission’s functions and powers under this Act or another Act, other than the commission’s functions under sections 234 , 251 (1) and (2) and 259 , are delegated to— for a function or power under sections 40 , 245 , 254 , 256 , 258 , 260 and 346B , the commission’s financial accountability functions and the commission’s public record powers—the chief executive officer; or otherwise—the chairperson.\n(sec.269-ssec.2) However, in issuing a direction under section 40 , the chief executive officer is subject to the direction and control of the chairperson.\n(sec.269-ssec.3) The chief executive officer may sub-delegate a function or power of the commission delegated to the chief executive officer under subsection (1) to an appropriately qualified commission officer.\n(sec.269-ssec.4) However— the commission’s powers under section 254 in relation to the appointment of a person at a level equivalent to or above the level of a senior officer can not be sub-delegated by the chief executive officer; and the commission’s functions and powers under section 346B , and the commission’s public record powers, may only be sub-delegated to a senior executive officer.\n(sec.269-ssec.5) The chairperson may sub-delegate a function or power of the commission delegated to the chairperson under subsection (1) to an appropriately qualified commission officer.\n(sec.269-ssec.6) However, the commission’s powers under the provisions mentioned in column 1 of the following table may only be sub-delegated to the commission officer or officers mentioned in column 2 of the table— Provision Commission officer section 50 (Commission may apply to QCAT about corrupt conduct) senior executive officer section 257 (2) (Commission officers) chief executive officer\n(sec.269-ssec.7) In this section— commission’s financial accountability functions means the commission’s functions under the Financial Accountability Act 2009 . commission’s public record powers means the commission’s powers under the Public Records Act 2023 as the responsible public authority for a public record.\n- (a) for a function or power under sections 40 , 245 , 254 , 256 , 258 , 260 and 346B , the commission’s financial accountability functions and the commission’s public record powers—the chief executive officer; or\n- (b) otherwise—the chairperson.\n- (a) the commission’s powers under section 254 in relation to the appointment of a person at a level equivalent to or above the level of a senior officer can not be sub-delegated by the chief executive officer; and\n- (b) the commission’s functions and powers under section 346B , and the commission’s public record powers, may only be sub-delegated to a senior executive officer.","sortOrder":638},{"sectionNumber":"sec.270","sectionType":"section","heading":"Delegation—chairperson","content":"### sec.270 Delegation—chairperson\n\nThe chairperson may delegate the chairperson’s powers under this or another Act, other than under the Police Powers and Responsibilities Act 2000 , section 674 , to an appropriately qualified commission officer.\nHowever—\nthe chairperson’s powers under section 82 (7) may only be delegated to the senior executive officer (crime); and\nthe chairperson’s powers under section 272 may only be delegated to a senior executive officer.\ns 270 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ) (amdt could not be given effect); 2007 No. 37 s 162 sch ; 2013 No. 45 s 33 ; 2014 No. 21 s 59 ; 2016 No. 19 s 45 (1) – (2) ; 2016 No. 62 s 52 ; 2024 No. 41 s 40\n(sec.270-ssec.1) The chairperson may delegate the chairperson’s powers under this or another Act, other than under the Police Powers and Responsibilities Act 2000 , section 674 , to an appropriately qualified commission officer.\n(sec.270-ssec.2) However— the chairperson’s powers under section 82 (7) may only be delegated to the senior executive officer (crime); and the chairperson’s powers under section 272 may only be delegated to a senior executive officer.\n- (a) the chairperson’s powers under section 82 (7) may only be delegated to the senior executive officer (crime); and\n- (b) the chairperson’s powers under section 272 may only be delegated to a senior executive officer.","sortOrder":639},{"sectionNumber":"sec.271","sectionType":"section","heading":"Delegation—chief executive officer and senior executive officer","content":"### sec.271 Delegation—chief executive officer and senior executive officer\n\nThe chief executive officer or a senior executive officer may delegate the officer’s powers under this Act to an appropriately qualified commission officer.\ns 271 sub 2014 No. 21 s 60","sortOrder":640},{"sectionNumber":"sec.272","sectionType":"section","heading":"Authorised commission officer","content":"### sec.272 Authorised commission officer\n\nThe chairperson may authorise an appropriately qualified officer or employee of the commission to perform the functions of, exercise the powers of, or for any purpose to be, an authorised commission officer under a provision of this Act or another Act.\nThe chairperson may authorise a police officer who is a member of a police task force established under section 32 that is undertaking an investigation in cooperation with the commission to perform the functions of, exercise the powers of, or for any purpose to be, an authorised commission officer under a provision of this Act or another Act.\nAn authorisation may be given on conditions and may impose limitations on the exercise of powers.\nA reference in a provision of this or another Act to an authorised commission officer is a reference to a person who is an authorised commission officer under this section.\ns 272 amd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.272-ssec.1) The chairperson may authorise an appropriately qualified officer or employee of the commission to perform the functions of, exercise the powers of, or for any purpose to be, an authorised commission officer under a provision of this Act or another Act.\n(sec.272-ssec.2) The chairperson may authorise a police officer who is a member of a police task force established under section 32 that is undertaking an investigation in cooperation with the commission to perform the functions of, exercise the powers of, or for any purpose to be, an authorised commission officer under a provision of this Act or another Act.\n(sec.272-ssec.3) An authorisation may be given on conditions and may impose limitations on the exercise of powers.\n(sec.272-ssec.4) A reference in a provision of this or another Act to an authorised commission officer is a reference to a person who is an authorised commission officer under this section.","sortOrder":641},{"sectionNumber":"sec.273","sectionType":"section","heading":"Commission officer’s identity card","content":"### sec.273 Commission officer’s identity card\n\nThe chief executive officer must give each commission officer an identity card.\nThe identity card must—\ncontain a recent photo of the officer; and\ncontain a copy of the commission officer’s signature; and\nidentify the person as a commission officer under this Act; and\nstate an expiry date for the card.\nA person who stops being a commission officer must return the person’s identity card to the chief executive officer as soon as possible (but within 21 days) after the person stops being a commission officer, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThis section does not prevent the giving of a single identity card to a person for this Act and other purposes.\nIn this section—\ncommission officer does not include—\na police officer who is a member of a police task force established under section 32 ; or\na person engaged under section 256 .\ns 273 amd 2014 No. 21 s 61\n(sec.273-ssec.1) The chief executive officer must give each commission officer an identity card.\n(sec.273-ssec.2) The identity card must— contain a recent photo of the officer; and contain a copy of the commission officer’s signature; and identify the person as a commission officer under this Act; and state an expiry date for the card.\n(sec.273-ssec.3) A person who stops being a commission officer must return the person’s identity card to the chief executive officer as soon as possible (but within 21 days) after the person stops being a commission officer, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.273-ssec.4) This section does not prevent the giving of a single identity card to a person for this Act and other purposes.\n(sec.273-ssec.5) In this section— commission officer does not include— a police officer who is a member of a police task force established under section 32 ; or a person engaged under section 256 .\n- (a) contain a recent photo of the officer; and\n- (b) contain a copy of the commission officer’s signature; and\n- (c) identify the person as a commission officer under this Act; and\n- (d) state an expiry date for the card.\n- (a) a police officer who is a member of a police task force established under section 32 ; or\n- (b) a person engaged under section 256 .","sortOrder":642},{"sectionNumber":"ch.6-pt.1-div.9","sectionType":"division","heading":"Disciplinary action for senior officers and commission staff and agents etc.","content":"## Disciplinary action for senior officers and commission staff and agents etc.","sortOrder":643},{"sectionNumber":"sec.273A","sectionType":"section","heading":"Definitions for div 9","content":"### sec.273A Definitions for div 9\n\nIn this division—\ndisciplinary action see section 273C (1) .\ndisciplinary finding means a finding that a disciplinary ground exists.\ndisciplinary ground means a ground for disciplining a relevant commission officer or former relevant commission officer under section 273B .\nemployment , in relation to a person, includes secondment and engagement.\nformer relevant commission officer see section 273D (1) (a) .\nprescribed employee ...\ns 273A def prescribed employee ins 2018 No. 29 s 27\nom 2022 No. 34 s 365 sch 3\nrelevant commission officer means—\na senior officer; or\na person employed under section 254 or seconded under section 255 ; or\na person engaged under section 256 .\nrelevant employee means a public sector employee.\ns 273A def relevant employee ins 2018 No. 29 s 27\nsub 2022 No. 34 s 365 sch 3\ns 273A ins 2014 No. 21 s 62\n- (a) a senior officer; or\n- (b) a person employed under section 254 or seconded under section 255 ; or\n- (c) a person engaged under section 256 .","sortOrder":644},{"sectionNumber":"sec.273AA","sectionType":"section","heading":"References to relevant employees","content":"### sec.273AA References to relevant employees\n\nThis section provides for the meaning of particular terms used in this division relating to a person who is or was a relevant employee.\nA reference to the person’s current or previous chief executive is a reference to the chief executive of the department or other public sector entity in which the person is or was employed as a public sector employee.\nA reference to a relevant disciplinary law for the person is a reference to the Public Sector Act 2022 , chapter 3 , part 8 , division 3 .\nIn subdivision 3 —\na reference to a relevant disciplinary ground for the person is a reference to a disciplinary ground under a relevant disciplinary law for the person; and\na reference to a disciplinary finding in relation to a relevant disciplinary ground for the person is a reference to a finding that a relevant disciplinary ground for the person exists.\ns 273AA ins 2018 No. 29 s 28\namd 2022 No. 34 s 365 sch 3\n(sec.273AA-ssec.1) This section provides for the meaning of particular terms used in this division relating to a person who is or was a relevant employee.\n(sec.273AA-ssec.2) A reference to the person’s current or previous chief executive is a reference to the chief executive of the department or other public sector entity in which the person is or was employed as a public sector employee.\n(sec.273AA-ssec.3) A reference to a relevant disciplinary law for the person is a reference to the Public Sector Act 2022 , chapter 3 , part 8 , division 3 .\n(sec.273AA-ssec.4) In subdivision 3 — a reference to a relevant disciplinary ground for the person is a reference to a disciplinary ground under a relevant disciplinary law for the person; and a reference to a disciplinary finding in relation to a relevant disciplinary ground for the person is a reference to a finding that a relevant disciplinary ground for the person exists.\n- (a) a reference to a relevant disciplinary ground for the person is a reference to a disciplinary ground under a relevant disciplinary law for the person; and\n- (b) a reference to a disciplinary finding in relation to a relevant disciplinary ground for the person is a reference to a finding that a relevant disciplinary ground for the person exists.","sortOrder":645},{"sectionNumber":"sec.273B","sectionType":"section","heading":"Grounds for discipline","content":"### sec.273B Grounds for discipline\n\nThe chief executive officer may discipline a relevant commission officer if the chief executive officer is reasonably satisfied the officer has—\nperformed the officer’s duties carelessly, incompetently or inefficiently; or\nbeen guilty of misconduct; or\nbeen absent from duty without approved leave and without reasonable excuse; or\ncontravened, without reasonable excuse, a direction given to the officer by a responsible person; or\nused, without reasonable excuse, a substance to an extent that has adversely affected the competent performance of the officer’s duties; or\ncontravened, without reasonable excuse, a requirement of the chief executive officer under section 273G (1) in relation to the officer’s employment by, in response to the requirement—\nfailing to disclose a serious disciplinary action; or\ngiving false or misleading information; or\ncontravened, without reasonable excuse—\na provision of this Act; or\na standard of conduct applying to the officer under an approved code of conduct under the Public Sector Ethics Act 1994 ; or\na standard of conduct, if any, applying to the officer under an approved standard of practice under the Public Sector Ethics Act 1994 .\nAlso, the chief executive officer may discipline a former relevant commission officer under section 273D on the same grounds mentioned in subsection (1) .\nA disciplinary ground arises when the act or omission constituting the ground is done or made.\nIn this section—\nmisconduct means—\ninappropriate or improper conduct in an official capacity; or\ninappropriate or improper conduct in a private capacity that reflects seriously and adversely on the commission.\nvictimising another commission officer in the course of the other officer’s employment or engagement with the commission\nresponsible person , for a direction, means a person with authority to give the direction, whether the authority derives from this Act or otherwise.\ns 273B ins 2014 No. 21 s 62\n(sec.273B-ssec.1) The chief executive officer may discipline a relevant commission officer if the chief executive officer is reasonably satisfied the officer has— performed the officer’s duties carelessly, incompetently or inefficiently; or been guilty of misconduct; or been absent from duty without approved leave and without reasonable excuse; or contravened, without reasonable excuse, a direction given to the officer by a responsible person; or used, without reasonable excuse, a substance to an extent that has adversely affected the competent performance of the officer’s duties; or contravened, without reasonable excuse, a requirement of the chief executive officer under section 273G (1) in relation to the officer’s employment by, in response to the requirement— failing to disclose a serious disciplinary action; or giving false or misleading information; or contravened, without reasonable excuse— a provision of this Act; or a standard of conduct applying to the officer under an approved code of conduct under the Public Sector Ethics Act 1994 ; or a standard of conduct, if any, applying to the officer under an approved standard of practice under the Public Sector Ethics Act 1994 .\n(sec.273B-ssec.2) Also, the chief executive officer may discipline a former relevant commission officer under section 273D on the same grounds mentioned in subsection (1) .\n(sec.273B-ssec.3) A disciplinary ground arises when the act or omission constituting the ground is done or made.\n(sec.273B-ssec.4) In this section— misconduct means— inappropriate or improper conduct in an official capacity; or inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the commission. victimising another commission officer in the course of the other officer’s employment or engagement with the commission responsible person , for a direction, means a person with authority to give the direction, whether the authority derives from this Act or otherwise.\n- (a) performed the officer’s duties carelessly, incompetently or inefficiently; or\n- (b) been guilty of misconduct; or\n- (c) been absent from duty without approved leave and without reasonable excuse; or\n- (d) contravened, without reasonable excuse, a direction given to the officer by a responsible person; or\n- (e) used, without reasonable excuse, a substance to an extent that has adversely affected the competent performance of the officer’s duties; or\n- (f) contravened, without reasonable excuse, a requirement of the chief executive officer under section 273G (1) in relation to the officer’s employment by, in response to the requirement— (i) failing to disclose a serious disciplinary action; or (ii) giving false or misleading information; or\n- (i) failing to disclose a serious disciplinary action; or\n- (ii) giving false or misleading information; or\n- (g) contravened, without reasonable excuse— (i) a provision of this Act; or (ii) a standard of conduct applying to the officer under an approved code of conduct under the Public Sector Ethics Act 1994 ; or (iii) a standard of conduct, if any, applying to the officer under an approved standard of practice under the Public Sector Ethics Act 1994 .\n- (i) a provision of this Act; or\n- (ii) a standard of conduct applying to the officer under an approved code of conduct under the Public Sector Ethics Act 1994 ; or\n- (iii) a standard of conduct, if any, applying to the officer under an approved standard of practice under the Public Sector Ethics Act 1994 .\n- (i) failing to disclose a serious disciplinary action; or\n- (ii) giving false or misleading information; or\n- (i) a provision of this Act; or\n- (ii) a standard of conduct applying to the officer under an approved code of conduct under the Public Sector Ethics Act 1994 ; or\n- (iii) a standard of conduct, if any, applying to the officer under an approved standard of practice under the Public Sector Ethics Act 1994 .\n- (a) inappropriate or improper conduct in an official capacity; or\n- (b) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the commission.","sortOrder":646},{"sectionNumber":"sec.273C","sectionType":"section","heading":"Disciplinary action that may be taken against a relevant commission officer generally","content":"### sec.273C Disciplinary action that may be taken against a relevant commission officer generally\n\nIn disciplining a relevant commission officer, the chief executive officer may take the action, or order the action be taken, ( disciplinary action ) that the chief executive officer considers reasonable in the circumstances.\ntermination of employment\nreduction of classification level and a consequential change of duties\ntransfer or redeployment to another unit of the commission\nforfeiture or deferment of a remuneration increment or increase\nreduction of remuneration\nimposition of a monetary penalty\nif a penalty is imposed, a direction that the amount of the penalty be deducted from the officer’s periodic remuneration payments\na reprimand\ncounselling\nA monetary penalty can not be more than the total of 2 of the relevant commission officer’s periodic remuneration payments.\nAlso, an amount directed to be deducted from any particular periodic remuneration payment of the relevant commission officer—\nmust not be more than half of the amount payable to or for the officer in relation to the payment; and\nmust not reduce the amount of salary payable to the officer in relation to the period to less than—\nif the officer has a dependant—the guaranteed minimum wage for each week of the period; or\notherwise—two-thirds of the guaranteed minimum wage for each week of the period.\nAn order under subsection (1) is binding on anyone affected by it.\ns 273C ins 2014 No. 21 s 62\namd 2018 No. 29 s 29\n(sec.273C-ssec.1) In disciplining a relevant commission officer, the chief executive officer may take the action, or order the action be taken, ( disciplinary action ) that the chief executive officer considers reasonable in the circumstances. termination of employment reduction of classification level and a consequential change of duties transfer or redeployment to another unit of the commission forfeiture or deferment of a remuneration increment or increase reduction of remuneration imposition of a monetary penalty if a penalty is imposed, a direction that the amount of the penalty be deducted from the officer’s periodic remuneration payments a reprimand counselling\n(sec.273C-ssec.2) A monetary penalty can not be more than the total of 2 of the relevant commission officer’s periodic remuneration payments.\n(sec.273C-ssec.3) Also, an amount directed to be deducted from any particular periodic remuneration payment of the relevant commission officer— must not be more than half of the amount payable to or for the officer in relation to the payment; and must not reduce the amount of salary payable to the officer in relation to the period to less than— if the officer has a dependant—the guaranteed minimum wage for each week of the period; or otherwise—two-thirds of the guaranteed minimum wage for each week of the period.\n(sec.273C-ssec.4) An order under subsection (1) is binding on anyone affected by it.\n- • termination of employment\n- • reduction of classification level and a consequential change of duties\n- • transfer or redeployment to another unit of the commission\n- • forfeiture or deferment of a remuneration increment or increase\n- • reduction of remuneration\n- • imposition of a monetary penalty\n- • if a penalty is imposed, a direction that the amount of the penalty be deducted from the officer’s periodic remuneration payments\n- • a reprimand\n- • counselling\n- (a) must not be more than half of the amount payable to or for the officer in relation to the payment; and\n- (b) must not reduce the amount of salary payable to the officer in relation to the period to less than— (i) if the officer has a dependant—the guaranteed minimum wage for each week of the period; or (ii) otherwise—two-thirds of the guaranteed minimum wage for each week of the period.\n- (i) if the officer has a dependant—the guaranteed minimum wage for each week of the period; or\n- (ii) otherwise—two-thirds of the guaranteed minimum wage for each week of the period.\n- (i) if the officer has a dependant—the guaranteed minimum wage for each week of the period; or\n- (ii) otherwise—two-thirds of the guaranteed minimum wage for each week of the period.","sortOrder":647},{"sectionNumber":"sec.273CA","sectionType":"section","heading":"Application of subdivision","content":"### sec.273CA Application of subdivision\n\nThis subdivision applies if—\na person is a relevant employee and a relevant disciplinary ground arises in relation to the person; and\nafter the relevant disciplinary ground arises, the person stops being employed as a relevant employee and starts employment as a relevant commission officer.\nHowever, this subdivision does not apply if the person’s previous chief executive has taken, is taking, or intends to take, disciplinary action against the person, under a relevant disciplinary law, in relation to the relevant disciplinary ground.\ns 273CA ins 2018 No. 29 s 30\n(sec.273CA-ssec.1) This subdivision applies if— a person is a relevant employee and a relevant disciplinary ground arises in relation to the person; and after the relevant disciplinary ground arises, the person stops being employed as a relevant employee and starts employment as a relevant commission officer.\n(sec.273CA-ssec.2) However, this subdivision does not apply if the person’s previous chief executive has taken, is taking, or intends to take, disciplinary action against the person, under a relevant disciplinary law, in relation to the relevant disciplinary ground.\n- (a) a person is a relevant employee and a relevant disciplinary ground arises in relation to the person; and\n- (b) after the relevant disciplinary ground arises, the person stops being employed as a relevant employee and starts employment as a relevant commission officer.","sortOrder":648},{"sectionNumber":"sec.273CB","sectionType":"section","heading":"Action previous chief executive may take","content":"### sec.273CB Action previous chief executive may take\n\nThe person’s previous chief executive may make a disciplinary finding about the relevant disciplinary ground for this subdivision.\nThe previous chief executive may take disciplinary action about the relevant disciplinary ground as provided under section 273CC (2) .\nDespite subsection (1) and without limiting or being limited by any other power of delegation under any Act, the previous chief executive may delegate to the chief executive officer the authority under subsection (1) to make a disciplinary finding about the person.\nThe previous chief executive may give to the chief executive officer any information about a person or a relevant disciplinary ground relating to the person to help the chief executive officer to perform a function under section 273CC (2) or (4) in relation to the person.\ns 273CB ins 2018 No. 29 s 30\n(sec.273CB-ssec.1) The person’s previous chief executive may make a disciplinary finding about the relevant disciplinary ground for this subdivision.\n(sec.273CB-ssec.2) The previous chief executive may take disciplinary action about the relevant disciplinary ground as provided under section 273CC (2) .\n(sec.273CB-ssec.3) Despite subsection (1) and without limiting or being limited by any other power of delegation under any Act, the previous chief executive may delegate to the chief executive officer the authority under subsection (1) to make a disciplinary finding about the person.\n(sec.273CB-ssec.4) The previous chief executive may give to the chief executive officer any information about a person or a relevant disciplinary ground relating to the person to help the chief executive officer to perform a function under section 273CC (2) or (4) in relation to the person.","sortOrder":649},{"sectionNumber":"sec.273CC","sectionType":"section","heading":"Action chief executive officer may take","content":"### sec.273CC Action chief executive officer may take\n\nSubsection (2) applies if—\nthe previous chief executive makes a disciplinary finding about the relevant disciplinary ground; and\nthe previous chief executive and the chief executive officer agree that disciplinary action against the person is reasonable in the circumstances.\nThe chief executive officer may take disciplinary action against the person under section 273C as if a disciplinary ground under section 273B exists.\nSubsection (4) applies if—\nthe previous chief executive delegates to the chief executive officer the authority under section 273CB (1) to make a disciplinary finding about the person; and\nthe chief executive officer makes a disciplinary finding about the person.\nThe chief executive officer may take disciplinary action against the person under section 273C without the agreement of the previous chief executive.\ns 273CC ins 2018 No. 29 s 30\n(sec.273CC-ssec.1) Subsection (2) applies if— the previous chief executive makes a disciplinary finding about the relevant disciplinary ground; and the previous chief executive and the chief executive officer agree that disciplinary action against the person is reasonable in the circumstances.\n(sec.273CC-ssec.2) The chief executive officer may take disciplinary action against the person under section 273C as if a disciplinary ground under section 273B exists.\n(sec.273CC-ssec.3) Subsection (4) applies if— the previous chief executive delegates to the chief executive officer the authority under section 273CB (1) to make a disciplinary finding about the person; and the chief executive officer makes a disciplinary finding about the person.\n(sec.273CC-ssec.4) The chief executive officer may take disciplinary action against the person under section 273C without the agreement of the previous chief executive.\n- (a) the previous chief executive makes a disciplinary finding about the relevant disciplinary ground; and\n- (b) the previous chief executive and the chief executive officer agree that disciplinary action against the person is reasonable in the circumstances.\n- (a) the previous chief executive delegates to the chief executive officer the authority under section 273CB (1) to make a disciplinary finding about the person; and\n- (b) the chief executive officer makes a disciplinary finding about the person.","sortOrder":650},{"sectionNumber":"sec.273D","sectionType":"section","heading":"Disciplinary action that may be taken against a former relevant commission officer","content":"### sec.273D Disciplinary action that may be taken against a former relevant commission officer\n\nThis section applies if—\na disciplinary ground arises in relation to a relevant commission officer (the former relevant commission officer ); and\nafter the disciplinary ground arises, the officer’s employment as a relevant commission officer ends for any reason.\nHowever, this section does not apply in relation to a person who is a former relevant commission officer if the chief executive officer is aware—\nthe person is a relevant employee; and\nthe person’s current or previous chief executive has taken, is taking, or intends to take disciplinary action against the person, under a relevant disciplinary law, in relation to the disciplinary ground.\nThe chief executive officer may make a disciplinary finding, or take disciplinary action under this section, against the former relevant commission officer in relation to the disciplinary ground.\nThe disciplinary finding or disciplinary action must be made or taken within a period of 2 years after the end of the relevant commission officer’s employment.\nFor subsections (3) and (4) , the chief executive officer takes disciplinary action against a former relevant commission officer by making a disciplinary declaration against the officer.\nThe chief executive officer may only make a disciplinary declaration if the disciplinary action that would have been taken against the former relevant commission officer if the officer’s employment had not ended would have been—\ndismissal; or\nreduction of classification level.\nThe making of the disciplinary declaration does not affect the way in which the relevant commission officer’s employment ended, or any benefits, rights or liabilities arising because the employment ended.\nIn this section—\ndisciplinary declaration means a declaration of—\nthe disciplinary finding against the former relevant commission officer; and\nthe disciplinary action that would have been taken against the relevant commission officer if the officer’s employment had not ended.\ns 273D ins 2014 No. 21 s 62\namd 2018 No. 29 s 31\n(sec.273D-ssec.1) This section applies if— a disciplinary ground arises in relation to a relevant commission officer (the former relevant commission officer ); and after the disciplinary ground arises, the officer’s employment as a relevant commission officer ends for any reason.\n(sec.273D-ssec.2) However, this section does not apply in relation to a person who is a former relevant commission officer if the chief executive officer is aware— the person is a relevant employee; and the person’s current or previous chief executive has taken, is taking, or intends to take disciplinary action against the person, under a relevant disciplinary law, in relation to the disciplinary ground.\n(sec.273D-ssec.3) The chief executive officer may make a disciplinary finding, or take disciplinary action under this section, against the former relevant commission officer in relation to the disciplinary ground.\n(sec.273D-ssec.4) The disciplinary finding or disciplinary action must be made or taken within a period of 2 years after the end of the relevant commission officer’s employment.\n(sec.273D-ssec.5) For subsections (3) and (4) , the chief executive officer takes disciplinary action against a former relevant commission officer by making a disciplinary declaration against the officer.\n(sec.273D-ssec.6) The chief executive officer may only make a disciplinary declaration if the disciplinary action that would have been taken against the former relevant commission officer if the officer’s employment had not ended would have been— dismissal; or reduction of classification level.\n(sec.273D-ssec.7) The making of the disciplinary declaration does not affect the way in which the relevant commission officer’s employment ended, or any benefits, rights or liabilities arising because the employment ended.\n(sec.273D-ssec.8) In this section— disciplinary declaration means a declaration of— the disciplinary finding against the former relevant commission officer; and the disciplinary action that would have been taken against the relevant commission officer if the officer’s employment had not ended.\n- (a) a disciplinary ground arises in relation to a relevant commission officer (the former relevant commission officer ); and\n- (b) after the disciplinary ground arises, the officer’s employment as a relevant commission officer ends for any reason.\n- (a) the person is a relevant employee; and\n- (b) the person’s current or previous chief executive has taken, is taking, or intends to take disciplinary action against the person, under a relevant disciplinary law, in relation to the disciplinary ground.\n- (a) dismissal; or\n- (b) reduction of classification level.\n- (a) the disciplinary finding against the former relevant commission officer; and\n- (b) the disciplinary action that would have been taken against the relevant commission officer if the officer’s employment had not ended.","sortOrder":651},{"sectionNumber":"sec.273DA","sectionType":"section","heading":"Information about disciplinary action to be given by chief executive officer","content":"### sec.273DA Information about disciplinary action to be given by chief executive officer\n\nThis section applies if—\na relevant official asks the chief executive officer for disciplinary information that the chief executive officer has about a person who is or was a relevant commission officer; and\nthe information is reasonably necessary for the relevant official to make a decision about—\nan appointment or continued appointment, or employment or continued employment, of the person by the official; or\na disciplinary finding, disciplinary action or disciplinary declaration the official is considering in relation to the person under a relevant disciplinary law.\nThe chief executive officer must give the disciplinary information to the relevant official unless the chief executive officer is reasonably satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case.\nIn this section—\ndisciplinary information , about a person, means information about the following made or taken against the person under this Act by the chief executive officer—\na current investigation into whether the person should be disciplined;\na finding that the person should be disciplined;\npossible disciplinary action under consideration;\ndisciplinary action, including a disciplinary declaration.\nrelevant official means—\nthe chief executive of a public sector entity; or\nthe commissioner of police.\ns 273DA ins 2018 No. 29 s 32\namd 2022 No. 34 s 365 sch 3\n(sec.273DA-ssec.1) This section applies if— a relevant official asks the chief executive officer for disciplinary information that the chief executive officer has about a person who is or was a relevant commission officer; and the information is reasonably necessary for the relevant official to make a decision about— an appointment or continued appointment, or employment or continued employment, of the person by the official; or a disciplinary finding, disciplinary action or disciplinary declaration the official is considering in relation to the person under a relevant disciplinary law.\n(sec.273DA-ssec.2) The chief executive officer must give the disciplinary information to the relevant official unless the chief executive officer is reasonably satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case.\n(sec.273DA-ssec.3) In this section— disciplinary information , about a person, means information about the following made or taken against the person under this Act by the chief executive officer— a current investigation into whether the person should be disciplined; a finding that the person should be disciplined; possible disciplinary action under consideration; disciplinary action, including a disciplinary declaration. relevant official means— the chief executive of a public sector entity; or the commissioner of police.\n- (a) a relevant official asks the chief executive officer for disciplinary information that the chief executive officer has about a person who is or was a relevant commission officer; and\n- (b) the information is reasonably necessary for the relevant official to make a decision about— (i) an appointment or continued appointment, or employment or continued employment, of the person by the official; or (ii) a disciplinary finding, disciplinary action or disciplinary declaration the official is considering in relation to the person under a relevant disciplinary law.\n- (i) an appointment or continued appointment, or employment or continued employment, of the person by the official; or\n- (ii) a disciplinary finding, disciplinary action or disciplinary declaration the official is considering in relation to the person under a relevant disciplinary law.\n- (i) an appointment or continued appointment, or employment or continued employment, of the person by the official; or\n- (ii) a disciplinary finding, disciplinary action or disciplinary declaration the official is considering in relation to the person under a relevant disciplinary law.\n- (a) a current investigation into whether the person should be disciplined;\n- (b) a finding that the person should be disciplined;\n- (c) possible disciplinary action under consideration;\n- (d) disciplinary action, including a disciplinary declaration.\n- (a) the chief executive of a public sector entity; or\n- (b) the commissioner of police.","sortOrder":652},{"sectionNumber":"sec.273DB","sectionType":"section","heading":"Information about disciplinary action to be given to chief executive officer","content":"### sec.273DB Information about disciplinary action to be given to chief executive officer\n\nThis section applies if—\nthe chief executive officer asks a relevant official for disciplinary information that the official has about a person who is or was a relevant employee; and\nthe information is reasonably necessary for the chief executive officer to make a decision about—\nthe employment or continued employment of the person as a relevant commission officer; or\na disciplinary finding, disciplinary action or disciplinary declaration the chief executive officer is considering in relation to the person under this Act.\nThe relevant official must give the disciplinary information to the chief executive officer unless the official is reasonably satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case.\nIn this section—\ndisciplinary information , about a person, means information about the following made or taken against the person under a public sector disciplinary law by a relevant official or another entity—\na current investigation into whether the person should be disciplined;\na finding that the person should be disciplined;\npossible disciplinary action under consideration;\ndisciplinary action, including a disciplinary declaration.\npublic sector disciplinary law see the Public Sector Act 2022 , schedule 2 .\nrelevant employee includes a police officer.\nrelevant official means—\nthe chief executive of a public sector entity; or\nthe commissioner of police.\ns 273DB ins 2018 No. 29 s 32\namd 2022 No. 34 s 365 sch 3\n(sec.273DB-ssec.1) This section applies if— the chief executive officer asks a relevant official for disciplinary information that the official has about a person who is or was a relevant employee; and the information is reasonably necessary for the chief executive officer to make a decision about— the employment or continued employment of the person as a relevant commission officer; or a disciplinary finding, disciplinary action or disciplinary declaration the chief executive officer is considering in relation to the person under this Act.\n(sec.273DB-ssec.2) The relevant official must give the disciplinary information to the chief executive officer unless the official is reasonably satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case.\n(sec.273DB-ssec.3) In this section— disciplinary information , about a person, means information about the following made or taken against the person under a public sector disciplinary law by a relevant official or another entity— a current investigation into whether the person should be disciplined; a finding that the person should be disciplined; possible disciplinary action under consideration; disciplinary action, including a disciplinary declaration. public sector disciplinary law see the Public Sector Act 2022 , schedule 2 . relevant employee includes a police officer. relevant official means— the chief executive of a public sector entity; or the commissioner of police.\n- (a) the chief executive officer asks a relevant official for disciplinary information that the official has about a person who is or was a relevant employee; and\n- (b) the information is reasonably necessary for the chief executive officer to make a decision about— (i) the employment or continued employment of the person as a relevant commission officer; or (ii) a disciplinary finding, disciplinary action or disciplinary declaration the chief executive officer is considering in relation to the person under this Act.\n- (i) the employment or continued employment of the person as a relevant commission officer; or\n- (ii) a disciplinary finding, disciplinary action or disciplinary declaration the chief executive officer is considering in relation to the person under this Act.\n- (i) the employment or continued employment of the person as a relevant commission officer; or\n- (ii) a disciplinary finding, disciplinary action or disciplinary declaration the chief executive officer is considering in relation to the person under this Act.\n- (a) a current investigation into whether the person should be disciplined;\n- (b) a finding that the person should be disciplined;\n- (c) possible disciplinary action under consideration;\n- (d) disciplinary action, including a disciplinary declaration.\n- (a) the chief executive of a public sector entity; or\n- (b) the commissioner of police.","sortOrder":653},{"sectionNumber":"sec.273E","sectionType":"section","heading":"Suspension of relevant commission officer liable to disciplinary action","content":"### sec.273E Suspension of relevant commission officer liable to disciplinary action\n\nThe chief executive officer may suspend a relevant commission officer from duty if the chief executive officer reasonably believes the officer is liable to disciplinary action under this Act.\nHowever, before suspending the relevant commission officer, the chief executive officer must consider all alternative duties that may be available for the officer to perform.\nDuring the period of the suspension the relevant commission officer is entitled to normal remuneration, less any amount earned by the officer from alternative employment that the officer engages in during the period.\nFor subsection (3) , alternative employment does not include employment of the relevant commission officer if—\nthe officer was engaged in the employment at the time of the suspension; and\nthe officer’s engaging in the employment was not in contravention of this Act or an obligation imposed on the officer under a code of conduct approved under the Public Sector Ethics Act 1994 .\nThe deduction under subsection (3) must not be more than the amount of the relevant commission officer’s normal remuneration during the period of the suspension.\nThe continuity of the relevant commission officer’s service as a relevant commission officer is taken not to have been broken only because of the suspension.\nThe chief executive officer may cancel the suspension at any time.\ns 273E ins 2014 No. 21 s 62\n(sec.273E-ssec.1) The chief executive officer may suspend a relevant commission officer from duty if the chief executive officer reasonably believes the officer is liable to disciplinary action under this Act.\n(sec.273E-ssec.2) However, before suspending the relevant commission officer, the chief executive officer must consider all alternative duties that may be available for the officer to perform.\n(sec.273E-ssec.3) During the period of the suspension the relevant commission officer is entitled to normal remuneration, less any amount earned by the officer from alternative employment that the officer engages in during the period.\n(sec.273E-ssec.4) For subsection (3) , alternative employment does not include employment of the relevant commission officer if— the officer was engaged in the employment at the time of the suspension; and the officer’s engaging in the employment was not in contravention of this Act or an obligation imposed on the officer under a code of conduct approved under the Public Sector Ethics Act 1994 .\n(sec.273E-ssec.5) The deduction under subsection (3) must not be more than the amount of the relevant commission officer’s normal remuneration during the period of the suspension.\n(sec.273E-ssec.6) The continuity of the relevant commission officer’s service as a relevant commission officer is taken not to have been broken only because of the suspension.\n(sec.273E-ssec.7) The chief executive officer may cancel the suspension at any time.\n- (a) the officer was engaged in the employment at the time of the suspension; and\n- (b) the officer’s engaging in the employment was not in contravention of this Act or an obligation imposed on the officer under a code of conduct approved under the Public Sector Ethics Act 1994 .","sortOrder":654},{"sectionNumber":"sec.273F","sectionType":"section","heading":"Procedure for disciplinary action","content":"### sec.273F Procedure for disciplinary action\n\nIn disciplining a relevant commission officer or former relevant commission officer or suspending a relevant commission officer, the chief executive officer must comply with this Act and the principles of natural justice.\nHowever, natural justice is not required if the suspension is on normal remuneration.\nIf the chief executive officer decides to suspend or terminate the employment of a relevant commission officer, the chief executive officer must give the officer notice of the suspension or termination.\nThe notice must state—\nfor a suspension—\nwhen the suspension starts and ends; and\nthe remuneration to which the relevant commission officer is entitled for the period of the suspension under section 273E ; and\nfor a termination—the day when it takes effect.\ns 273F ins 2014 No. 21 s 62\n(sec.273F-ssec.1) In disciplining a relevant commission officer or former relevant commission officer or suspending a relevant commission officer, the chief executive officer must comply with this Act and the principles of natural justice.\n(sec.273F-ssec.2) However, natural justice is not required if the suspension is on normal remuneration.\n(sec.273F-ssec.3) If the chief executive officer decides to suspend or terminate the employment of a relevant commission officer, the chief executive officer must give the officer notice of the suspension or termination.\n(sec.273F-ssec.4) The notice must state— for a suspension— when the suspension starts and ends; and the remuneration to which the relevant commission officer is entitled for the period of the suspension under section 273E ; and for a termination—the day when it takes effect.\n- (a) for a suspension— (i) when the suspension starts and ends; and (ii) the remuneration to which the relevant commission officer is entitled for the period of the suspension under section 273E ; and\n- (i) when the suspension starts and ends; and\n- (ii) the remuneration to which the relevant commission officer is entitled for the period of the suspension under section 273E ; and\n- (b) for a termination—the day when it takes effect.\n- (i) when the suspension starts and ends; and\n- (ii) the remuneration to which the relevant commission officer is entitled for the period of the suspension under section 273E ; and","sortOrder":655},{"sectionNumber":"ch.6-pt.1-div.10","sectionType":"division","heading":"Other provisions about senior officers and commission staff and agents","content":"## Other provisions about senior officers and commission staff and agents","sortOrder":656},{"sectionNumber":"sec.273G","sectionType":"section","heading":"Requirement to disclose previous history of serious disciplinary action","content":"### sec.273G Requirement to disclose previous history of serious disciplinary action\n\nIf the chief executive officer proposes to employ a person as a relevant commission officer, the chief executive officer may require the person to disclose to the chief executive officer particulars of any serious disciplinary action taken against the person.\nThe person must comply with the requirement before the employment takes effect and within the time and in the way stated by the chief executive officer.\nThe chief executive officer may have regard to information disclosed by the person under this section in deciding whether to employ a person as a relevant commission officer.\nThe chief executive officer is not required to further consider the person for employment as a relevant commission officer if the person—\nfails to comply with the requirement; or\ngives false or misleading information in response to the requirement.\nIn this section—\ndisciplinary action , for a person, means any action of a disciplinary nature taken against the person under this Act or a public sector disciplinary law.\ndisciplinary declaration means a disciplinary declaration within the meaning of the Public Sector Act 2022 , schedule 2 , definition disciplinary declaration , paragraph (a) .\nemploy , in relation to a person, includes second and engage.\npublic sector disciplinary law see the Public Sector Act 2022 , schedule 2 .\nrelevant commission officer means—\na senior officer; or\na person employed under section 254 or seconded under section 255 ; or\na person engaged under section 256 .\nserious disciplinary action , in relation to a person, means—\ndisciplinary action taken against the person, involving—\ntermination of employment; or\nreduction of classification level or rank; or\ntransfer or redeployment to other employment; or\nreduction of remuneration level; or\na disciplinary declaration that states a disciplinary action mentioned in paragraph (a) (i) or (ii) as the disciplinary action that would have been taken against the person if the person’s employment had not ended.\ns 273G ins 2014 No. 21 s 62\namd 2022 No. 34 s 365 sch 3\n(sec.273G-ssec.1) If the chief executive officer proposes to employ a person as a relevant commission officer, the chief executive officer may require the person to disclose to the chief executive officer particulars of any serious disciplinary action taken against the person.\n(sec.273G-ssec.2) The person must comply with the requirement before the employment takes effect and within the time and in the way stated by the chief executive officer.\n(sec.273G-ssec.3) The chief executive officer may have regard to information disclosed by the person under this section in deciding whether to employ a person as a relevant commission officer.\n(sec.273G-ssec.4) The chief executive officer is not required to further consider the person for employment as a relevant commission officer if the person— fails to comply with the requirement; or gives false or misleading information in response to the requirement.\n(sec.273G-ssec.5) In this section— disciplinary action , for a person, means any action of a disciplinary nature taken against the person under this Act or a public sector disciplinary law. disciplinary declaration means a disciplinary declaration within the meaning of the Public Sector Act 2022 , schedule 2 , definition disciplinary declaration , paragraph (a) . employ , in relation to a person, includes second and engage. public sector disciplinary law see the Public Sector Act 2022 , schedule 2 . relevant commission officer means— a senior officer; or a person employed under section 254 or seconded under section 255 ; or a person engaged under section 256 . serious disciplinary action , in relation to a person, means— disciplinary action taken against the person, involving— termination of employment; or reduction of classification level or rank; or transfer or redeployment to other employment; or reduction of remuneration level; or a disciplinary declaration that states a disciplinary action mentioned in paragraph (a) (i) or (ii) as the disciplinary action that would have been taken against the person if the person’s employment had not ended.\n- (a) fails to comply with the requirement; or\n- (b) gives false or misleading information in response to the requirement.\n- (a) a senior officer; or\n- (b) a person employed under section 254 or seconded under section 255 ; or\n- (c) a person engaged under section 256 .\n- (a) disciplinary action taken against the person, involving— (i) termination of employment; or (ii) reduction of classification level or rank; or (iii) transfer or redeployment to other employment; or (iv) reduction of remuneration level; or\n- (i) termination of employment; or\n- (ii) reduction of classification level or rank; or\n- (iii) transfer or redeployment to other employment; or\n- (iv) reduction of remuneration level; or\n- (b) a disciplinary declaration that states a disciplinary action mentioned in paragraph (a) (i) or (ii) as the disciplinary action that would have been taken against the person if the person’s employment had not ended.\n- (i) termination of employment; or\n- (ii) reduction of classification level or rank; or\n- (iii) transfer or redeployment to other employment; or\n- (iv) reduction of remuneration level; or","sortOrder":657},{"sectionNumber":"sec.273H","sectionType":"section","heading":"Relevant prosecuting authority to notify chief executive officer of prosecution proceeding","content":"### sec.273H Relevant prosecuting authority to notify chief executive officer of prosecution proceeding\n\nThis section applies if—\nthe commissioner of police or the director of public prosecutions (a relevant prosecuting authority ) is aware a person charged with a relevant offence is a relevant commission officer; and\na relevant event happens in relation to the person.\nThe relevant prosecuting authority must, within the relevant period for the relevant event, give the chief executive officer a notice stating each of the following matters—\nthe person’s name;\nthe date the relevant event happened;\nparticulars of the relevant offence to which the relevant event relates;\nif the relevant event is that the person is committed by a court for trial for a relevant offence—\nthe court that committed the person for trial; and\nthe court to which the person was committed;\nif the relevant event is that the person is convicted by a court of a relevant offence—\nthe court that convicted the person; and\nthe sentence imposed by the court;\nif the relevant event is that an appeal against a conviction of the person for a relevant offence has been decided—\nthe court in which the appeal was decided; and\nthe particulars of the decision;\nif the relevant event is that the prosecution of the person for a relevant offence has ended in a court, without the person being convicted of the offence—the court in which the prosecution of the person ended.\nIn this section—\nrelevant event , for a person charged with a relevant offence, means—\nthe person is committed by a court for trial for a relevant offence; or\nthe person is convicted by a court of a relevant offence; or\nif the person is convicted as mentioned in paragraph (b) and the person appealed against the conviction—the appeal is finally decided or has otherwise ended; or\nthe prosecution of the person for the relevant offence ends without the person being convicted of a relevant offence because—\na nolle prosequi is entered on the indictment presented against the person for the offence; or\nthe person is acquitted of the offence; or\nthe prosecution of the person otherwise ends.\nrelevant offence means—\nan indictable offence; or\na disqualifying offence within the meaning of the Working with Children Check Act 2000 , section 16 that is not an indictable offence.\nrelevant period , for a relevant event, means—\ngenerally—7 days after the event happens; or\nif the relevant event is the conviction of a person for a relevant offence—7 days after the court imposes a sentence for the offence.\ns 273H ins 2018 No. 29 s 34\namd 2024 No. 50 s 140 sch 1 ; 2024 No. 49 s 130 sch 4 pt 1\n(sec.273H-ssec.1) This section applies if— the commissioner of police or the director of public prosecutions (a relevant prosecuting authority ) is aware a person charged with a relevant offence is a relevant commission officer; and a relevant event happens in relation to the person.\n(sec.273H-ssec.2) The relevant prosecuting authority must, within the relevant period for the relevant event, give the chief executive officer a notice stating each of the following matters— the person’s name; the date the relevant event happened; particulars of the relevant offence to which the relevant event relates; if the relevant event is that the person is committed by a court for trial for a relevant offence— the court that committed the person for trial; and the court to which the person was committed; if the relevant event is that the person is convicted by a court of a relevant offence— the court that convicted the person; and the sentence imposed by the court; if the relevant event is that an appeal against a conviction of the person for a relevant offence has been decided— the court in which the appeal was decided; and the particulars of the decision; if the relevant event is that the prosecution of the person for a relevant offence has ended in a court, without the person being convicted of the offence—the court in which the prosecution of the person ended.\n(sec.273H-ssec.3) In this section— relevant event , for a person charged with a relevant offence, means— the person is committed by a court for trial for a relevant offence; or the person is convicted by a court of a relevant offence; or if the person is convicted as mentioned in paragraph (b) and the person appealed against the conviction—the appeal is finally decided or has otherwise ended; or the prosecution of the person for the relevant offence ends without the person being convicted of a relevant offence because— a nolle prosequi is entered on the indictment presented against the person for the offence; or the person is acquitted of the offence; or the prosecution of the person otherwise ends. relevant offence means— an indictable offence; or a disqualifying offence within the meaning of the Working with Children Check Act 2000 , section 16 that is not an indictable offence. relevant period , for a relevant event, means— generally—7 days after the event happens; or if the relevant event is the conviction of a person for a relevant offence—7 days after the court imposes a sentence for the offence.\n- (a) the commissioner of police or the director of public prosecutions (a relevant prosecuting authority ) is aware a person charged with a relevant offence is a relevant commission officer; and\n- (b) a relevant event happens in relation to the person.\n- (a) the person’s name;\n- (b) the date the relevant event happened;\n- (c) particulars of the relevant offence to which the relevant event relates;\n- (d) if the relevant event is that the person is committed by a court for trial for a relevant offence— (i) the court that committed the person for trial; and (ii) the court to which the person was committed;\n- (i) the court that committed the person for trial; and\n- (ii) the court to which the person was committed;\n- (e) if the relevant event is that the person is convicted by a court of a relevant offence— (i) the court that convicted the person; and (ii) the sentence imposed by the court;\n- (i) the court that convicted the person; and\n- (ii) the sentence imposed by the court;\n- (f) if the relevant event is that an appeal against a conviction of the person for a relevant offence has been decided— (i) the court in which the appeal was decided; and (ii) the particulars of the decision;\n- (i) the court in which the appeal was decided; and\n- (ii) the particulars of the decision;\n- (g) if the relevant event is that the prosecution of the person for a relevant offence has ended in a court, without the person being convicted of the offence—the court in which the prosecution of the person ended.\n- (i) the court that committed the person for trial; and\n- (ii) the court to which the person was committed;\n- (i) the court that convicted the person; and\n- (ii) the sentence imposed by the court;\n- (i) the court in which the appeal was decided; and\n- (ii) the particulars of the decision;\n- (a) the person is committed by a court for trial for a relevant offence; or\n- (b) the person is convicted by a court of a relevant offence; or\n- (c) if the person is convicted as mentioned in paragraph (b) and the person appealed against the conviction—the appeal is finally decided or has otherwise ended; or\n- (d) the prosecution of the person for the relevant offence ends without the person being convicted of a relevant offence because— (i) a nolle prosequi is entered on the indictment presented against the person for the offence; or (ii) the person is acquitted of the offence; or (iii) the prosecution of the person otherwise ends.\n- (i) a nolle prosequi is entered on the indictment presented against the person for the offence; or\n- (ii) the person is acquitted of the offence; or\n- (iii) the prosecution of the person otherwise ends.\n- (i) a nolle prosequi is entered on the indictment presented against the person for the offence; or\n- (ii) the person is acquitted of the offence; or\n- (iii) the prosecution of the person otherwise ends.\n- (a) an indictable offence; or\n- (b) a disqualifying offence within the meaning of the Working with Children Check Act 2000 , section 16 that is not an indictable offence.\n- (a) generally—7 days after the event happens; or\n- (b) if the relevant event is the conviction of a person for a relevant offence—7 days after the court imposes a sentence for the offence.","sortOrder":658},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Crime Reference Committee","content":"# Crime Reference Committee","sortOrder":659},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Establishment of Crime Reference Committee","content":"## Establishment of Crime Reference Committee","sortOrder":660},{"sectionNumber":"sec.274","sectionType":"section","heading":"Establishment","content":"### sec.274 Establishment\n\nThe Crime Reference Committee is established.","sortOrder":661},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Functions and support","content":"## Functions and support","sortOrder":662},{"sectionNumber":"sec.275","sectionType":"section","heading":"Functions of reference committee","content":"### sec.275 Functions of reference committee\n\nThe reference committee has the following functions—\nto refer, as provided under chapter 2 , part 2 , division 2 , major crime to the commission for investigation;\nto authorise the commission, as provided under chapter 2 , part 4 , division 2A , to undertake specific intelligence operations;\nto review general referrals under section 30A ;\nto coordinate, to the extent the committee considers appropriate, investigations into major crime conducted by the commission in cooperation with a police task force or another entity.\ns 275 amd 2009 No. 12 s 12 ; 2013 No. 45 s 34\n- (a) to refer, as provided under chapter 2 , part 2 , division 2 , major crime to the commission for investigation;\n- (b) to authorise the commission, as provided under chapter 2 , part 4 , division 2A , to undertake specific intelligence operations;\n- (c) to review general referrals under section 30A ;\n- (d) to coordinate, to the extent the committee considers appropriate, investigations into major crime conducted by the commission in cooperation with a police task force or another entity.","sortOrder":663},{"sectionNumber":"sec.276","sectionType":"section","heading":"Commission to give committee administrative support","content":"### sec.276 Commission to give committee administrative support\n\nThe commission must give the reference committee reasonable administrative services and support to enable the committee to perform its functions.","sortOrder":664},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Oversighting role","content":"## Oversighting role","sortOrder":665},{"sectionNumber":"sec.277","sectionType":"section","heading":"Reference committee may obtain information from commission","content":"### sec.277 Reference committee may obtain information from commission\n\nThe senior executive officer (crime) must—\nkeep the reference committee informed of the general conduct of the senior executive officer’s operations in the performance of the commission’s functions in relation to—\nmajor crime; or\nan authorisation under section 55A to undertake specific intelligence operations, including any hearing held under the authorisation; and\nnotify the reference committee when the commission commences a particular crime investigation under a general referral to the commission by the reference committee under section 27 (1) (b) .\nThe notification mentioned in subsection (1) (b) must be given as soon as practicable after the particular crime investigation commences.\nThe senior executive officer (corruption) must keep the reference committee informed of the general conduct of the senior executive officer’s operations in the performance of the commission’s function in relation to authorisations under section 55A to undertake specific intelligence operations if the operation involves suspected corruption.\nSubsection (4) applies if the reference committee asks the senior executive officer (crime) to give to it information—\nconcerning a matter relating to the commission’s operations in relation to major crime or an authorisation under section 55A to undertake specific intelligence operations; or\nin relation to a particular crime investigation conducted, or being conducted, under a general referral to the commission by the reference committee under section 27 (1) (b) .\nThe senior executive officer (crime) must comply with the request and give the help the reference committee needs to consider the information.\nSubsection (4B) applies if the reference committee asks the senior executive officer (corruption) to give it information concerning a specific intelligence operation authorised under section 55A if the operation involves suspected corruption.\nThe senior executive officer (corruption) must comply with the request and give the help the reference committee needs to consider the information.\nInformation provided to the reference committee is confidential.\ns 277 amd 2009 No. 12 s 13 ; 2013 No. 45 s 35 ; 2013 No. 64 s 43 ; 2014 No. 21 s 94 (1) sch 1 (amdt could not be given effect to the extent it subs assistant commissioner, misconduct’s with senior executive officer (corruption)’s )\n(sec.277-ssec.1) The senior executive officer (crime) must— keep the reference committee informed of the general conduct of the senior executive officer’s operations in the performance of the commission’s functions in relation to— major crime; or an authorisation under section 55A to undertake specific intelligence operations, including any hearing held under the authorisation; and notify the reference committee when the commission commences a particular crime investigation under a general referral to the commission by the reference committee under section 27 (1) (b) .\n(sec.277-ssec.2) The notification mentioned in subsection (1) (b) must be given as soon as practicable after the particular crime investigation commences.\n(sec.277-ssec.2A) The senior executive officer (corruption) must keep the reference committee informed of the general conduct of the senior executive officer’s operations in the performance of the commission’s function in relation to authorisations under section 55A to undertake specific intelligence operations if the operation involves suspected corruption.\n(sec.277-ssec.3) Subsection (4) applies if the reference committee asks the senior executive officer (crime) to give to it information— concerning a matter relating to the commission’s operations in relation to major crime or an authorisation under section 55A to undertake specific intelligence operations; or in relation to a particular crime investigation conducted, or being conducted, under a general referral to the commission by the reference committee under section 27 (1) (b) .\n(sec.277-ssec.4) The senior executive officer (crime) must comply with the request and give the help the reference committee needs to consider the information.\n(sec.277-ssec.4A) Subsection (4B) applies if the reference committee asks the senior executive officer (corruption) to give it information concerning a specific intelligence operation authorised under section 55A if the operation involves suspected corruption.\n(sec.277-ssec.4B) The senior executive officer (corruption) must comply with the request and give the help the reference committee needs to consider the information.\n(sec.277-ssec.5) Information provided to the reference committee is confidential.\n- (a) keep the reference committee informed of the general conduct of the senior executive officer’s operations in the performance of the commission’s functions in relation to— (i) major crime; or (ii) an authorisation under section 55A to undertake specific intelligence operations, including any hearing held under the authorisation; and\n- (i) major crime; or\n- (ii) an authorisation under section 55A to undertake specific intelligence operations, including any hearing held under the authorisation; and\n- (b) notify the reference committee when the commission commences a particular crime investigation under a general referral to the commission by the reference committee under section 27 (1) (b) .\n- (i) major crime; or\n- (ii) an authorisation under section 55A to undertake specific intelligence operations, including any hearing held under the authorisation; and\n- (a) concerning a matter relating to the commission’s operations in relation to major crime or an authorisation under section 55A to undertake specific intelligence operations; or\n- (b) in relation to a particular crime investigation conducted, or being conducted, under a general referral to the commission by the reference committee under section 27 (1) (b) .","sortOrder":666},{"sectionNumber":"ch.6-pt.2-div.4","sectionType":"division","heading":"Provisions about membership","content":"## Provisions about membership","sortOrder":667},{"sectionNumber":"sec.278","sectionType":"section","heading":"Membership of reference committee","content":"### sec.278 Membership of reference committee\n\nThe reference committee consists of the following members—\nthe chairperson of the commission, who is the chairperson of the reference committee;\nthe senior executive officer (crime);\nthe commissioner of police;\nthe principal commissioner under the Family and Child Commission Act 2014 ;\nsubject to subsection (1A) , the chief executive officer of the Australian Crime Commission;\nsubject to subsection (1B) , the senior executive officer (corruption);\n2 persons appointed by the Governor in Council as community representatives (each of whom is an appointed member ), of whom 1 at least must have a demonstrated interest in civil liberties and 1 at least must be a female.\nThe chief executive officer of the Australian Crime Commission is a member of the reference committee only when the committee is performing a function that relates to a function that may be conferred under an Act of the State on the chief executive officer under the Australian Crime Commission Act 2002 (Cwlth) or another Commonwealth Act or regulation.\nThe senior executive officer (corruption) is a member of the reference committee only when the committee is performing a function that relates to an authorisation under section 55A for a matter involving suspected corruption.\nThe Minister must advertise throughout the State for applications from suitably qualified persons to be considered for selection as community representatives.\nSubsection (2) does not apply to the reappointment of a person as a community representative.\nAn ineligible person or a commission officer can not be appointed, or continue, as a community representative.\nAny thing done by or in relation to the reference committee is not invalid only because of a defect or irregularity in the appointment of a member or because the reference committee was not properly constituted.\ns 278 amd 2004 No. 13 s 102 sch 2 pt 2 ; 2003 No. 83 s 68 sch 1 ; 2013 No. 45 s 36 ; 2014 No. 21 s 63 ; 2014 No. 27 s 52 sch 1 pt 2 ; 2016 No. 19 s 45 (1) ; 2018 No. 29 s 35\n(sec.278-ssec.1) The reference committee consists of the following members— the chairperson of the commission, who is the chairperson of the reference committee; the senior executive officer (crime); the commissioner of police; the principal commissioner under the Family and Child Commission Act 2014 ; subject to subsection (1A) , the chief executive officer of the Australian Crime Commission; subject to subsection (1B) , the senior executive officer (corruption); 2 persons appointed by the Governor in Council as community representatives (each of whom is an appointed member ), of whom 1 at least must have a demonstrated interest in civil liberties and 1 at least must be a female.\n(sec.278-ssec.1A) The chief executive officer of the Australian Crime Commission is a member of the reference committee only when the committee is performing a function that relates to a function that may be conferred under an Act of the State on the chief executive officer under the Australian Crime Commission Act 2002 (Cwlth) or another Commonwealth Act or regulation.\n(sec.278-ssec.1B) The senior executive officer (corruption) is a member of the reference committee only when the committee is performing a function that relates to an authorisation under section 55A for a matter involving suspected corruption.\n(sec.278-ssec.2) The Minister must advertise throughout the State for applications from suitably qualified persons to be considered for selection as community representatives.\n(sec.278-ssec.3) Subsection (2) does not apply to the reappointment of a person as a community representative.\n(sec.278-ssec.5) An ineligible person or a commission officer can not be appointed, or continue, as a community representative.\n(sec.278-ssec.6) Any thing done by or in relation to the reference committee is not invalid only because of a defect or irregularity in the appointment of a member or because the reference committee was not properly constituted.\n- (a) the chairperson of the commission, who is the chairperson of the reference committee;\n- (b) the senior executive officer (crime);\n- (c) the commissioner of police;\n- (d) the principal commissioner under the Family and Child Commission Act 2014 ;\n- (e) subject to subsection (1A) , the chief executive officer of the Australian Crime Commission;\n- (ea) subject to subsection (1B) , the senior executive officer (corruption);\n- (f) 2 persons appointed by the Governor in Council as community representatives (each of whom is an appointed member ), of whom 1 at least must have a demonstrated interest in civil liberties and 1 at least must be a female.","sortOrder":668},{"sectionNumber":"sec.279","sectionType":"section","heading":"Deputy committee member","content":"### sec.279 Deputy committee member\n\nThe chairperson of the commission may appoint as the chairperson’s deputy for a reference committee meeting another commissioner or the senior executive officer (corruption) ( deputy committee member ).\nThe commissioner of police may appoint as the commissioner’s deputy for a reference committee meeting an officer holding rank at least equal to assistant commissioner (also a deputy committee member ).\nThe principal commissioner under the Family and Child Commission Act 2014 may appoint as the commissioner’s deputy for a reference committee meeting an appropriately qualified person nominated by the commissioner (also a deputy committee member ).\nThe chief executive officer of the Australian Crime Commission may appoint as the chief executive officer’s deputy for a reference committee meeting an appropriately qualified person nominated by the chief executive officer (also a deputy committee member ).\nA person appointed as a deputy committee member for a reference committee meeting under this section is, for the purposes of the meeting, taken to be the committee member for whom the person is deputy.\ns 279 amd 2003 No. 83 s 68 sch 1 ; 2007 No. 37 s 162 sch ; 2014 No. 21 s 64 ; 2014 No. 27 s 52 sch 1 pt 2 ; 2016 No. 19 s 45 (1) – (2)\n(sec.279-ssec.1) The chairperson of the commission may appoint as the chairperson’s deputy for a reference committee meeting another commissioner or the senior executive officer (corruption) ( deputy committee member ).\n(sec.279-ssec.2) The commissioner of police may appoint as the commissioner’s deputy for a reference committee meeting an officer holding rank at least equal to assistant commissioner (also a deputy committee member ).\n(sec.279-ssec.3) The principal commissioner under the Family and Child Commission Act 2014 may appoint as the commissioner’s deputy for a reference committee meeting an appropriately qualified person nominated by the commissioner (also a deputy committee member ).\n(sec.279-ssec.4) The chief executive officer of the Australian Crime Commission may appoint as the chief executive officer’s deputy for a reference committee meeting an appropriately qualified person nominated by the chief executive officer (also a deputy committee member ).\n(sec.279-ssec.5) A person appointed as a deputy committee member for a reference committee meeting under this section is, for the purposes of the meeting, taken to be the committee member for whom the person is deputy.","sortOrder":669},{"sectionNumber":"sec.279A","sectionType":"section","heading":"Delegation of functions of committee chairperson","content":"### sec.279A Delegation of functions of committee chairperson\n\nThe chairperson of the commission may delegate the functions of chairperson of the reference committee to the senior executive officer (crime).\nIf the chairperson of the commission delegates functions as mentioned in subsection (1) , the senior executive officer (crime) is taken to be the chairperson of the reference committee.\nThis section applies even if the chairperson has appointed a deputy under section 279 (1) .\nIn this section—\nfunctions includes powers.\ns 279A ins 2018 No. 29 s 36\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.279A-ssec.1) The chairperson of the commission may delegate the functions of chairperson of the reference committee to the senior executive officer (crime).\n(sec.279A-ssec.2) If the chairperson of the commission delegates functions as mentioned in subsection (1) , the senior executive officer (crime) is taken to be the chairperson of the reference committee.\n(sec.279A-ssec.3) This section applies even if the chairperson has appointed a deputy under section 279 (1) .\n(sec.279A-ssec.4) In this section— functions includes powers.","sortOrder":670},{"sectionNumber":"sec.280","sectionType":"section","heading":"Duration of appointment of appointed member","content":"### sec.280 Duration of appointment of appointed member\n\nAn appointed member holds office for the term, not longer than 3 years, stated in the instrument of appointment.","sortOrder":671},{"sectionNumber":"sec.281","sectionType":"section","heading":"Terms of appointment of appointed member","content":"### sec.281 Terms of appointment of appointed member\n\nAn appointed member is appointed on a part-time basis.\nTo the extent that appointed member’s terms and conditions are not provided for by this Act, the appointed member holds office on the terms and conditions decided by the Governor in Council.\n(sec.281-ssec.1) An appointed member is appointed on a part-time basis.\n(sec.281-ssec.2) To the extent that appointed member’s terms and conditions are not provided for by this Act, the appointed member holds office on the terms and conditions decided by the Governor in Council.","sortOrder":672},{"sectionNumber":"sec.282","sectionType":"section","heading":"Resignation of appointed member","content":"### sec.282 Resignation of appointed member\n\nAn appointed member may resign by signed notice given to the Minister.","sortOrder":673},{"sectionNumber":"sec.283","sectionType":"section","heading":"Termination of appointment of appointed member","content":"### sec.283 Termination of appointment of appointed member\n\nThe Governor in Council may terminate the appointment of a person as an appointed member, if the person—\nstops being eligible for appointment as an appointed member; or\nbecomes incapable of satisfactorily performing the member’s duties; or\nis guilty of corruption that could warrant dismissal from the public service if the member were a public service officer.\nThe office of an appointed member is vacated if the person becomes an ineligible person.\ns 283 amd 2014 No. 21 s 94 (1) sch 1\n(sec.283-ssec.1) The Governor in Council may terminate the appointment of a person as an appointed member, if the person— stops being eligible for appointment as an appointed member; or becomes incapable of satisfactorily performing the member’s duties; or is guilty of corruption that could warrant dismissal from the public service if the member were a public service officer.\n(sec.283-ssec.2) The office of an appointed member is vacated if the person becomes an ineligible person.\n- (a) stops being eligible for appointment as an appointed member; or\n- (b) becomes incapable of satisfactorily performing the member’s duties; or\n- (c) is guilty of corruption that could warrant dismissal from the public service if the member were a public service officer.","sortOrder":674},{"sectionNumber":"ch.6-pt.2-div.5","sectionType":"division","heading":"Meetings and other business","content":"## Meetings and other business","sortOrder":675},{"sectionNumber":"sec.284","sectionType":"section","heading":"Conduct of meetings and other business","content":"### sec.284 Conduct of meetings and other business\n\nSubject to this division, the reference committee may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":676},{"sectionNumber":"sec.285","sectionType":"section","heading":"Times and places of meetings","content":"### sec.285 Times and places of meetings\n\nReference committee meetings are to be held at the times and places the chairperson of the reference committee decides.\nHowever, the chairperson of the reference committee must call a meeting if asked, in writing, to do so by the Minister or at least the number of members forming a quorum for the reference committee.\ns 285 amd 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 37\n(sec.285-ssec.1) Reference committee meetings are to be held at the times and places the chairperson of the reference committee decides.\n(sec.285-ssec.2) However, the chairperson of the reference committee must call a meeting if asked, in writing, to do so by the Minister or at least the number of members forming a quorum for the reference committee.","sortOrder":677},{"sectionNumber":"sec.286","sectionType":"section","heading":"Quorum","content":"### sec.286 Quorum\n\nA quorum for a reference committee meeting is any 4 members.","sortOrder":678},{"sectionNumber":"sec.287","sectionType":"section","heading":"Presiding at meetings","content":"### sec.287 Presiding at meetings\n\nThe chairperson of the reference committee is to preside at all meetings at which the chairperson is present.\nIf the chairperson of the reference committee is absent from a meeting, the following person is to preside at the meeting—\nif the chairperson of the reference committee is the chairperson of the commission and the senior executive officer (crime) is present at the meeting—the senior executive officer (crime);\nif the chairperson of the reference committee is the senior executive officer (crime) and the chairperson of the commission is present at the meeting—the chairperson of the commission;\notherwise—the committee member chosen by the committee members.\ns 287 amd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\nsub 2018 No. 29 s 38\n(sec.287-ssec.1) The chairperson of the reference committee is to preside at all meetings at which the chairperson is present.\n(sec.287-ssec.2) If the chairperson of the reference committee is absent from a meeting, the following person is to preside at the meeting— if the chairperson of the reference committee is the chairperson of the commission and the senior executive officer (crime) is present at the meeting—the senior executive officer (crime); if the chairperson of the reference committee is the senior executive officer (crime) and the chairperson of the commission is present at the meeting—the chairperson of the commission; otherwise—the committee member chosen by the committee members.\n- (a) if the chairperson of the reference committee is the chairperson of the commission and the senior executive officer (crime) is present at the meeting—the senior executive officer (crime);\n- (b) if the chairperson of the reference committee is the senior executive officer (crime) and the chairperson of the commission is present at the meeting—the chairperson of the commission;\n- (c) otherwise—the committee member chosen by the committee members.","sortOrder":679},{"sectionNumber":"sec.288","sectionType":"section","heading":"Conduct of meetings","content":"### sec.288 Conduct of meetings\n\nA question at a reference committee meeting is decided by a majority of the votes of the members present.\nEach member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\nA member present at the meeting who abstains from voting is taken to have voted for the negative.\nThe reference committee may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting.\nteleconferencing\nA member who takes part in a reference committee meeting under subsection (4) is taken to be present at the meeting.\nA resolution is validly made by the reference committee, even if it is not passed at a reference committee meeting, if—\na majority of the members gives written agreement to the resolution; and\nnotice of the resolution is given under procedures approved by the reference committee.\n(sec.288-ssec.1) A question at a reference committee meeting is decided by a majority of the votes of the members present.\n(sec.288-ssec.2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n(sec.288-ssec.3) A member present at the meeting who abstains from voting is taken to have voted for the negative.\n(sec.288-ssec.4) The reference committee may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting. teleconferencing\n(sec.288-ssec.5) A member who takes part in a reference committee meeting under subsection (4) is taken to be present at the meeting.\n(sec.288-ssec.6) A resolution is validly made by the reference committee, even if it is not passed at a reference committee meeting, if— a majority of the members gives written agreement to the resolution; and notice of the resolution is given under procedures approved by the reference committee.\n- (a) a majority of the members gives written agreement to the resolution; and\n- (b) notice of the resolution is given under procedures approved by the reference committee.","sortOrder":680},{"sectionNumber":"sec.289","sectionType":"section","heading":"Disclosure of interests","content":"### sec.289 Disclosure of interests\n\nThis section applies to a member of the reference committee (the interested person ) if—\nthe interested person has a material personal interest in an issue being considered, or about to be considered, by the committee; and\nthe interest could conflict with the proper performance of the person’s duties about the consideration of the issue.\nAs soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a committee meeting.\nUnless the reference committee otherwise directs, the interested person must not—\nbe present when the committee considers the issue; or\ntake part in a decision of the committee about the issue.\nThe interested person must not be present when the reference committee is considering whether to give a direction under subsection (3) .\nIf there is another person who must, under subsection (2) , also disclose a material personal interest in the issue, the other person must not—\nbe present when the committee is considering whether to give a direction under subsection (3) about the interested person; or\ntake part in making the decision about giving the direction.\nIf—\nbecause of this section, a committee member is not present at a reference committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum if the member were present;\nthe remaining persons present are a quorum of the committee for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\nA disclosure under subsection (2) must be recorded in the committee’s minutes.\nA failure to disclose a material personal interest does not, of itself, invalidate a committee decision.\nIn this section—\nmaterial personal interest means a direct or indirect interest relating to the personal affairs of the member that may have, or be seen to have, a significant influence on the conduct of the member at the meeting.\n(sec.289-ssec.1) This section applies to a member of the reference committee (the interested person ) if— the interested person has a material personal interest in an issue being considered, or about to be considered, by the committee; and the interest could conflict with the proper performance of the person’s duties about the consideration of the issue.\n(sec.289-ssec.2) As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a committee meeting.\n(sec.289-ssec.3) Unless the reference committee otherwise directs, the interested person must not— be present when the committee considers the issue; or take part in a decision of the committee about the issue.\n(sec.289-ssec.4) The interested person must not be present when the reference committee is considering whether to give a direction under subsection (3) .\n(sec.289-ssec.5) If there is another person who must, under subsection (2) , also disclose a material personal interest in the issue, the other person must not— be present when the committee is considering whether to give a direction under subsection (3) about the interested person; or take part in making the decision about giving the direction.\n(sec.289-ssec.6) If— because of this section, a committee member is not present at a reference committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present; the remaining persons present are a quorum of the committee for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\n(sec.289-ssec.7) A disclosure under subsection (2) must be recorded in the committee’s minutes.\n(sec.289-ssec.8) A failure to disclose a material personal interest does not, of itself, invalidate a committee decision.\n(sec.289-ssec.9) In this section— material personal interest means a direct or indirect interest relating to the personal affairs of the member that may have, or be seen to have, a significant influence on the conduct of the member at the meeting.\n- (a) the interested person has a material personal interest in an issue being considered, or about to be considered, by the committee; and\n- (b) the interest could conflict with the proper performance of the person’s duties about the consideration of the issue.\n- (a) be present when the committee considers the issue; or\n- (b) take part in a decision of the committee about the issue.\n- (a) be present when the committee is considering whether to give a direction under subsection (3) about the interested person; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a committee member is not present at a reference committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum if the member were present;","sortOrder":681},{"sectionNumber":"sec.290","sectionType":"section","heading":"Minutes","content":"### sec.290 Minutes\n\nThe reference committee must keep—\nminutes of its meetings; and\na record of any resolutions made under section 288 (6) .\nSubsection (3) applies if a resolution is passed at a committee meeting by a majority of the members present.\nIf asked by a member who voted against the passing of the resolution, the committee must record in the minutes of the meeting that the member voted against the resolution.\ns 290 amd 2024 No. 41 s 41\n(sec.290-ssec.1) The reference committee must keep— minutes of its meetings; and a record of any resolutions made under section 288 (6) .\n(sec.290-ssec.2) Subsection (3) applies if a resolution is passed at a committee meeting by a majority of the members present.\n(sec.290-ssec.3) If asked by a member who voted against the passing of the resolution, the committee must record in the minutes of the meeting that the member voted against the resolution.\n- (a) minutes of its meetings; and\n- (b) a record of any resolutions made under section 288 (6) .","sortOrder":682},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Parliamentary Crime and Corruption Committee","content":"# Parliamentary Crime and Corruption Committee","sortOrder":683},{"sectionNumber":"ch.6-pt.3-div.1","sectionType":"division","heading":"Establishment of parliamentary committee","content":"## Establishment of parliamentary committee","sortOrder":684},{"sectionNumber":"sec.291","sectionType":"section","heading":"Establishment of parliamentary committee","content":"### sec.291 Establishment of parliamentary committee\n\nA committee of the Legislative Assembly called the Parliamentary Crime and Corruption Committee is established.\ns 291 amd 2014 No. 21 s 66","sortOrder":685},{"sectionNumber":"ch.6-pt.3-div.2","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":686},{"sectionNumber":"sec.292","sectionType":"section","heading":"Functions","content":"### sec.292 Functions\n\nThe parliamentary committee has the following functions—\nto monitor and review the performance of the commission’s functions;\nto report to the Legislative Assembly, commenting as it considers appropriate, on either of the following matters the committee considers should be brought to the Assembly’s attention—\nmatters relevant to the commission;\nmatters relevant to the performance of the commission’s functions or the exercise of the commission’s powers;\nto examine the commission’s annual report and its other reports and report to the Legislative Assembly on any matter appearing in or arising out of the reports;\nto report on any matter relevant to the commission’s functions that is referred to it by the Legislative Assembly;\nto participate in the selection of commissioners and the chief executive officer, and the removal from office of a commissioner or the chief executive officer, as provided under this Act;\nto review the activities of the commission by 30 June 2016, and by the end of each 5-year period following that day, and, for each review, to table in the Legislative Assembly a report about any further action that should be taken in relation to this Act or the functions, powers and operations of the commission;\nto periodically review the structure of the commission, including the relationship between the types of commissioners and the roles, functions and powers of the commission, the chairperson and the chief executive officer, and, for each review, to table in the Legislative Assembly a report about the review, including any recommendations about changes to the Act ;\nto publish, as part of the committee’s annual report under the Parliament of Queensland Act 2001 , section 108 , information about the committee’s involvement in each nomination of a person for appointment under section 228 , including—\nthe number of days within which the committee notified the Minister as to whether the nomination had bipartisan support; and\nif the committee notified the Minister as to whether the nomination had bipartisan support after the time in which the notification was required under section 228 —the reasons for the delay in notification; and\nif bipartisan support for the nomination was not given—the reasons for the withholding of support;\nto issue guidelines and give directions to the commission as provided under this Act.\nInformation published under subsection (1) (h) (ii) or (iii) must not include personal information or confidential information.\nIn this section—\nconfidential information means information the disclosure of which would found an action for breach of confidence.\npersonal information see the Information Privacy Act 2009 , section 12 .\ns 292 amd 2014 No. 21 s 67 ; 2016 No. 19 ss 37 , 45 (1) ; 2024 No. 41 s 42\n(sec.292-ssec.1) The parliamentary committee has the following functions— to monitor and review the performance of the commission’s functions; to report to the Legislative Assembly, commenting as it considers appropriate, on either of the following matters the committee considers should be brought to the Assembly’s attention— matters relevant to the commission; matters relevant to the performance of the commission’s functions or the exercise of the commission’s powers; to examine the commission’s annual report and its other reports and report to the Legislative Assembly on any matter appearing in or arising out of the reports; to report on any matter relevant to the commission’s functions that is referred to it by the Legislative Assembly; to participate in the selection of commissioners and the chief executive officer, and the removal from office of a commissioner or the chief executive officer, as provided under this Act; to review the activities of the commission by 30 June 2016, and by the end of each 5-year period following that day, and, for each review, to table in the Legislative Assembly a report about any further action that should be taken in relation to this Act or the functions, powers and operations of the commission; to periodically review the structure of the commission, including the relationship between the types of commissioners and the roles, functions and powers of the commission, the chairperson and the chief executive officer, and, for each review, to table in the Legislative Assembly a report about the review, including any recommendations about changes to the Act ; to publish, as part of the committee’s annual report under the Parliament of Queensland Act 2001 , section 108 , information about the committee’s involvement in each nomination of a person for appointment under section 228 , including— the number of days within which the committee notified the Minister as to whether the nomination had bipartisan support; and if the committee notified the Minister as to whether the nomination had bipartisan support after the time in which the notification was required under section 228 —the reasons for the delay in notification; and if bipartisan support for the nomination was not given—the reasons for the withholding of support; to issue guidelines and give directions to the commission as provided under this Act.\n(sec.292-ssec.2) Information published under subsection (1) (h) (ii) or (iii) must not include personal information or confidential information.\n(sec.292-ssec.3) In this section— confidential information means information the disclosure of which would found an action for breach of confidence. personal information see the Information Privacy Act 2009 , section 12 .\n- (a) to monitor and review the performance of the commission’s functions;\n- (b) to report to the Legislative Assembly, commenting as it considers appropriate, on either of the following matters the committee considers should be brought to the Assembly’s attention— (i) matters relevant to the commission; (ii) matters relevant to the performance of the commission’s functions or the exercise of the commission’s powers;\n- (i) matters relevant to the commission;\n- (ii) matters relevant to the performance of the commission’s functions or the exercise of the commission’s powers;\n- (c) to examine the commission’s annual report and its other reports and report to the Legislative Assembly on any matter appearing in or arising out of the reports;\n- (d) to report on any matter relevant to the commission’s functions that is referred to it by the Legislative Assembly;\n- (e) to participate in the selection of commissioners and the chief executive officer, and the removal from office of a commissioner or the chief executive officer, as provided under this Act;\n- (f) to review the activities of the commission by 30 June 2016, and by the end of each 5-year period following that day, and, for each review, to table in the Legislative Assembly a report about any further action that should be taken in relation to this Act or the functions, powers and operations of the commission;\n- (g) to periodically review the structure of the commission, including the relationship between the types of commissioners and the roles, functions and powers of the commission, the chairperson and the chief executive officer, and, for each review, to table in the Legislative Assembly a report about the review, including any recommendations about changes to the Act ;\n- (h) to publish, as part of the committee’s annual report under the Parliament of Queensland Act 2001 , section 108 , information about the committee’s involvement in each nomination of a person for appointment under section 228 , including— (i) the number of days within which the committee notified the Minister as to whether the nomination had bipartisan support; and (ii) if the committee notified the Minister as to whether the nomination had bipartisan support after the time in which the notification was required under section 228 —the reasons for the delay in notification; and (iii) if bipartisan support for the nomination was not given—the reasons for the withholding of support;\n- (i) the number of days within which the committee notified the Minister as to whether the nomination had bipartisan support; and\n- (ii) if the committee notified the Minister as to whether the nomination had bipartisan support after the time in which the notification was required under section 228 —the reasons for the delay in notification; and\n- (iii) if bipartisan support for the nomination was not given—the reasons for the withholding of support;\n- (i) to issue guidelines and give directions to the commission as provided under this Act.\n- (i) matters relevant to the commission;\n- (ii) matters relevant to the performance of the commission’s functions or the exercise of the commission’s powers;\n- (i) the number of days within which the committee notified the Minister as to whether the nomination had bipartisan support; and\n- (ii) if the committee notified the Minister as to whether the nomination had bipartisan support after the time in which the notification was required under section 228 —the reasons for the delay in notification; and\n- (iii) if bipartisan support for the nomination was not given—the reasons for the withholding of support;","sortOrder":687},{"sectionNumber":"ch.6-pt.3-div.3","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":688},{"sectionNumber":"sec.293","sectionType":"section","heading":"Powers","content":"### sec.293 Powers\n\nThe parliamentary committee has power to call for persons, documents and other things.\nSee also the Parliament of Queensland Act 2001 , chapter 3 , part 1 for other powers of the committee to require attendance and production of documents or other things.\nAlso, the parliamentary committee has the power—\nnecessary to enable the committee to properly perform its functions, including power to appoint persons having special knowledge or skill to help the committee perform its functions; and\nconferred on it by resolution of the Legislative Assembly with a view to the proper performance by the committee of its functions.\nFurther, the parliamentary committee or a person appointed, engaged or assigned to help the parliamentary committee may—\ninspect any non-operational record or thing in the commission’s possession; and\nmake copies or extracts of the record or thing for use in connection with the parliamentary committee’s functions to which the record or thing is relevant.\nIn this section—\nnon-operational record or thing does not include a record or thing that relates to an investigation by the commission that is not finalised.\ns 293 amd 2001 No. 81 s 131 ; 2002 No. 68 s 283 sch 3 ; 2014 No. 21 s 94 (1) sch 1\n(sec.293-ssec.1) The parliamentary committee has power to call for persons, documents and other things. See also the Parliament of Queensland Act 2001 , chapter 3 , part 1 for other powers of the committee to require attendance and production of documents or other things.\n(sec.293-ssec.2) Also, the parliamentary committee has the power— necessary to enable the committee to properly perform its functions, including power to appoint persons having special knowledge or skill to help the committee perform its functions; and conferred on it by resolution of the Legislative Assembly with a view to the proper performance by the committee of its functions.\n(sec.293-ssec.3) Further, the parliamentary committee or a person appointed, engaged or assigned to help the parliamentary committee may— inspect any non-operational record or thing in the commission’s possession; and make copies or extracts of the record or thing for use in connection with the parliamentary committee’s functions to which the record or thing is relevant.\n(sec.293-ssec.4) In this section— non-operational record or thing does not include a record or thing that relates to an investigation by the commission that is not finalised.\n- (a) necessary to enable the committee to properly perform its functions, including power to appoint persons having special knowledge or skill to help the committee perform its functions; and\n- (b) conferred on it by resolution of the Legislative Assembly with a view to the proper performance by the committee of its functions.\n- (a) inspect any non-operational record or thing in the commission’s possession; and\n- (b) make copies or extracts of the record or thing for use in connection with the parliamentary committee’s functions to which the record or thing is relevant.","sortOrder":689},{"sectionNumber":"sec.294","sectionType":"section","heading":"Directions by parliamentary committee to undertake investigation","content":"### sec.294 Directions by parliamentary committee to undertake investigation\n\nThe parliamentary committee may, by notice, direct the commission to investigate a matter falling within the commission’s corruption functions stated in the notice.\nA direction under subsection (1) is effective only if it is made with the bipartisan support of the parliamentary committee.\nThe commission must—\ninvestigate the matters stated in the direction diligently and in a way reasonably expected of a law enforcement agency; and\nreport the results of its investigation to the committee.\ns 294 amd 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 39\n(sec.294-ssec.1) The parliamentary committee may, by notice, direct the commission to investigate a matter falling within the commission’s corruption functions stated in the notice.\n(sec.294-ssec.2) A direction under subsection (1) is effective only if it is made with the bipartisan support of the parliamentary committee.\n(sec.294-ssec.3) The commission must— investigate the matters stated in the direction diligently and in a way reasonably expected of a law enforcement agency; and report the results of its investigation to the committee.\n- (a) investigate the matters stated in the direction diligently and in a way reasonably expected of a law enforcement agency; and\n- (b) report the results of its investigation to the committee.","sortOrder":690},{"sectionNumber":"sec.295","sectionType":"section","heading":"Referral of concerns by parliamentary committee","content":"### sec.295 Referral of concerns by parliamentary committee\n\nThis section applies if the parliamentary committee—\nreceives a complaint, or has other concerns (including concerns arising out of a recommendation made by the parliamentary commissioner), about the conduct or activities of the commission or a commission officer; or\nis notified by the chairperson, deputy chairperson or chief executive officer of conduct of a commission officer that the chairperson, deputy chairperson or chief executive officer suspects involves, or may involve, improper conduct.\nSee section 329 for the duties to notify the parliamentary committee of conduct of commission officers suspected to involve, or may involve, improper conduct.\nIf the committee decides to take action on the complaint, concern or notification (the matter ), the committee may do 1 or more of the following—\nask the commission to give a report on the matter to the committee;\nask the commission to investigate and give a report on the matter to the committee;\nask the police service or another law enforcement agency to investigate and give a report on the matter to the committee;\nask the parliamentary commissioner to investigate and give a report on the matter to the committee;\nrefer the matter to the director of public prosecutions;\ntake other action the committee considers appropriate.\nA decision under subsection (2) is effective only if it is made with the bipartisan support of the parliamentary committee.\nThe commission, police service, parliamentary commissioner or another investigative agency must investigate and report on matters as asked by the committee.\ns 295 amd 2006 No. 41 s 25 ; 2014 No. 21 s 68 ; 2016 No. 19 s 45 (1)\n(sec.295-ssec.1) This section applies if the parliamentary committee— receives a complaint, or has other concerns (including concerns arising out of a recommendation made by the parliamentary commissioner), about the conduct or activities of the commission or a commission officer; or is notified by the chairperson, deputy chairperson or chief executive officer of conduct of a commission officer that the chairperson, deputy chairperson or chief executive officer suspects involves, or may involve, improper conduct. See section 329 for the duties to notify the parliamentary committee of conduct of commission officers suspected to involve, or may involve, improper conduct.\n(sec.295-ssec.2) If the committee decides to take action on the complaint, concern or notification (the matter ), the committee may do 1 or more of the following— ask the commission to give a report on the matter to the committee; ask the commission to investigate and give a report on the matter to the committee; ask the police service or another law enforcement agency to investigate and give a report on the matter to the committee; ask the parliamentary commissioner to investigate and give a report on the matter to the committee; refer the matter to the director of public prosecutions; take other action the committee considers appropriate.\n(sec.295-ssec.3) A decision under subsection (2) is effective only if it is made with the bipartisan support of the parliamentary committee.\n(sec.295-ssec.4) The commission, police service, parliamentary commissioner or another investigative agency must investigate and report on matters as asked by the committee.\n- (a) receives a complaint, or has other concerns (including concerns arising out of a recommendation made by the parliamentary commissioner), about the conduct or activities of the commission or a commission officer; or\n- (b) is notified by the chairperson, deputy chairperson or chief executive officer of conduct of a commission officer that the chairperson, deputy chairperson or chief executive officer suspects involves, or may involve, improper conduct. Note— See section 329 for the duties to notify the parliamentary committee of conduct of commission officers suspected to involve, or may involve, improper conduct.\n- (a) ask the commission to give a report on the matter to the committee;\n- (b) ask the commission to investigate and give a report on the matter to the committee;\n- (c) ask the police service or another law enforcement agency to investigate and give a report on the matter to the committee;\n- (d) ask the parliamentary commissioner to investigate and give a report on the matter to the committee;\n- (e) refer the matter to the director of public prosecutions;\n- (f) take other action the committee considers appropriate.","sortOrder":691},{"sectionNumber":"sec.296","sectionType":"section","heading":"Guidelines on operation of commission","content":"### sec.296 Guidelines on operation of commission\n\nThe parliamentary committee may issue guidelines to the commission about the conduct and activities of the commission.\nBefore issuing a guideline, the committee must consult with the commission on the proposed guideline.\nThe committee may issue a guideline only with the bipartisan support of the parliamentary committee.\nThe commission must comply with the guidelines.\n(sec.296-ssec.1) The parliamentary committee may issue guidelines to the commission about the conduct and activities of the commission.\n(sec.296-ssec.2) Before issuing a guideline, the committee must consult with the commission on the proposed guideline.\n(sec.296-ssec.3) The committee may issue a guideline only with the bipartisan support of the parliamentary committee.\n(sec.296-ssec.4) The commission must comply with the guidelines.","sortOrder":692},{"sectionNumber":"sec.297","sectionType":"section","heading":"Guidelines to be tabled","content":"### sec.297 Guidelines to be tabled\n\nThe chairperson of the parliamentary committee must table each guideline issued under section 296 in the Legislative Assembly within 14 sitting days after it is issued to the commission.\nIf a guideline is not tabled under subsection (1) , it stops having effect.\n(sec.297-ssec.1) The chairperson of the parliamentary committee must table each guideline issued under section 296 in the Legislative Assembly within 14 sitting days after it is issued to the commission.\n(sec.297-ssec.2) If a guideline is not tabled under subsection (1) , it stops having effect.","sortOrder":693},{"sectionNumber":"sec.298","sectionType":"section","heading":"Disallowance of guideline","content":"### sec.298 Disallowance of guideline\n\nThe Legislative Assembly may pass a resolution disallowing a guideline under section 296 if notice of a disallowance motion is given by a member within 14 sitting days after the guideline is tabled in the Legislative Assembly.\nOn the day set down for its consideration under the standing rules and orders of the Legislative Assembly, the Speaker must put the question that the Legislative Assembly resolve to disallow the guideline.\nIf the resolution is passed, the guideline stops having effect.\n(sec.298-ssec.1) The Legislative Assembly may pass a resolution disallowing a guideline under section 296 if notice of a disallowance motion is given by a member within 14 sitting days after the guideline is tabled in the Legislative Assembly.\n(sec.298-ssec.2) On the day set down for its consideration under the standing rules and orders of the Legislative Assembly, the Speaker must put the question that the Legislative Assembly resolve to disallow the guideline.\n(sec.298-ssec.3) If the resolution is passed, the guideline stops having effect.","sortOrder":694},{"sectionNumber":"sec.299","sectionType":"section","heading":"Limited saving of operation of guideline that ceases to have effect","content":"### sec.299 Limited saving of operation of guideline that ceases to have effect\n\nThe fact that a guideline stops having effect under section 297 (2) or 298 (3) does not affect anything done or suffered under the guideline before it stopped having effect.","sortOrder":695},{"sectionNumber":"ch.6-pt.3-div.4","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":696},{"sectionNumber":"sec.300","sectionType":"section","heading":"Membership of parliamentary committee","content":"### sec.300 Membership of parliamentary committee\n\nThe parliamentary committee must consist of 7 members nominated as follows—\n4 members nominated by the Leader of the House;\n3 members nominated by the Leader of the Opposition.\nThe chairperson of the parliamentary committee must be the member nominated as chairperson by the Leader of the House.\ns 300 amd 2012 No. 6 s 27 sch amdt 7; 2013 No. 32 s 77\n(sec.300-ssec.1) The parliamentary committee must consist of 7 members nominated as follows— 4 members nominated by the Leader of the House; 3 members nominated by the Leader of the Opposition.\n(sec.300-ssec.2) The chairperson of the parliamentary committee must be the member nominated as chairperson by the Leader of the House.\n- (a) 4 members nominated by the Leader of the House;\n- (b) 3 members nominated by the Leader of the Opposition.","sortOrder":697},{"sectionNumber":"sec.301","sectionType":"section","heading":"Membership of parliamentary committee continues despite dissolution","content":"### sec.301 Membership of parliamentary committee continues despite dissolution\n\nDespite section 300 , from the dissolution of the Legislative Assembly, the parliamentary committee consists of its members immediately before the dissolution.\nA member under subsection (1) continues to be a member of the parliamentary committee until whichever of the following first happens—\nthe member resigns by notice given to the clerk of the Parliament;\nthe member dies;\nthe returning officer for the electoral district in which the member was nominated as a candidate for the election notifies the electoral commission that a person other than the member has been elected for the electoral district;\nfresh members are appointed by the Legislative Assembly.\nIf a member stops being a member of the parliamentary committee under subsection (2) (c) , the person recognised as the leader of the political party that nominated the member to the committee may nominate another person as a member of the committee until fresh members are appointed by the Legislative Assembly.\n(sec.301-ssec.1) Despite section 300 , from the dissolution of the Legislative Assembly, the parliamentary committee consists of its members immediately before the dissolution.\n(sec.301-ssec.2) A member under subsection (1) continues to be a member of the parliamentary committee until whichever of the following first happens— the member resigns by notice given to the clerk of the Parliament; the member dies; the returning officer for the electoral district in which the member was nominated as a candidate for the election notifies the electoral commission that a person other than the member has been elected for the electoral district; fresh members are appointed by the Legislative Assembly.\n(sec.301-ssec.3) If a member stops being a member of the parliamentary committee under subsection (2) (c) , the person recognised as the leader of the political party that nominated the member to the committee may nominate another person as a member of the committee until fresh members are appointed by the Legislative Assembly.\n- (a) the member resigns by notice given to the clerk of the Parliament;\n- (b) the member dies;\n- (c) the returning officer for the electoral district in which the member was nominated as a candidate for the election notifies the electoral commission that a person other than the member has been elected for the electoral district;\n- (d) fresh members are appointed by the Legislative Assembly.","sortOrder":698},{"sectionNumber":"ch.6-pt.3-div.5","sectionType":"division","heading":"Meetings","content":"## Meetings","sortOrder":699},{"sectionNumber":"sec.302","sectionType":"section","heading":"Quorum and voting at meetings of parliamentary committee","content":"### sec.302 Quorum and voting at meetings of parliamentary committee\n\nAt a meeting of the parliamentary committee—\na quorum consists of 4 members appointed to the committee; and\na question is decided by a majority of the votes of the members of the committee present and voting; and\neach member of the committee has a vote on each question to be decided and, if the votes are equal, the chairperson of the committee has a casting vote.\nIn this section—\npresent , in relation to a member at a meeting of the parliamentary committee, means present in person, or by telephone, video or other electronic means.\nvoting , in relation to a member at a meeting of the parliamentary committee, means voting in person or by telephone, video or other electronic means.\ns 302 amd 2023 No. 31 s 3\n(sec.302-ssec.1) At a meeting of the parliamentary committee— a quorum consists of 4 members appointed to the committee; and a question is decided by a majority of the votes of the members of the committee present and voting; and each member of the committee has a vote on each question to be decided and, if the votes are equal, the chairperson of the committee has a casting vote.\n(sec.302-ssec.2) In this section— present , in relation to a member at a meeting of the parliamentary committee, means present in person, or by telephone, video or other electronic means. voting , in relation to a member at a meeting of the parliamentary committee, means voting in person or by telephone, video or other electronic means.\n- (a) a quorum consists of 4 members appointed to the committee; and\n- (b) a question is decided by a majority of the votes of the members of the committee present and voting; and\n- (c) each member of the committee has a vote on each question to be decided and, if the votes are equal, the chairperson of the committee has a casting vote.","sortOrder":700},{"sectionNumber":"sec.302A","sectionType":"section","heading":"Meetings of parliamentary committee generally to be held in public","content":"### sec.302A Meetings of parliamentary committee generally to be held in public\n\nA meeting of the parliamentary committee must be held in public.\nHowever, the parliamentary committee may decide that a meeting or a part of a meeting be held in private if the committee considers it is necessary to avoid the disclosure of—\nconfidential information or information the disclosure of which would be contrary to the public interest; or\ninformation about a complaint about corrupt conduct dealt with, or being dealt with, by the commission; or\ninformation about an investigation or operation conducted, or being conducted, by the commission in the performance of its crime function, corruption functions or intelligence function.\nThe standing rules and orders of the Legislative Assembly provide for who may attend a public or private meeting of the committee—see standing order 207.\ns 302A ins 2014 No. 21 s 69\namd 2016 No. 19 s 38\n(sec.302A-ssec.1) A meeting of the parliamentary committee must be held in public.\n(sec.302A-ssec.2) However, the parliamentary committee may decide that a meeting or a part of a meeting be held in private if the committee considers it is necessary to avoid the disclosure of— confidential information or information the disclosure of which would be contrary to the public interest; or information about a complaint about corrupt conduct dealt with, or being dealt with, by the commission; or information about an investigation or operation conducted, or being conducted, by the commission in the performance of its crime function, corruption functions or intelligence function. The standing rules and orders of the Legislative Assembly provide for who may attend a public or private meeting of the committee—see standing order 207.\n- (a) confidential information or information the disclosure of which would be contrary to the public interest; or\n- (b) information about a complaint about corrupt conduct dealt with, or being dealt with, by the commission; or\n- (c) information about an investigation or operation conducted, or being conducted, by the commission in the performance of its crime function, corruption functions or intelligence function.","sortOrder":701},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Parliamentary crime and corruption commissioner","content":"# Parliamentary crime and corruption commissioner","sortOrder":702},{"sectionNumber":"ch.6-pt.4-div.1","sectionType":"division","heading":"Establishment of office of parliamentary commissioner","content":"## Establishment of office of parliamentary commissioner","sortOrder":703},{"sectionNumber":"sec.303","sectionType":"section","heading":"Office of parliamentary crime and corruption commissioner","content":"### sec.303 Office of parliamentary crime and corruption commissioner\n\nThere must be appointed a commissioner to be known as the parliamentary crime and corruption commissioner.\nThe parliamentary commissioner is an officer of the Parliament.\ns 303 amd 2014 No. 21 s 71\n(sec.303-ssec.1) There must be appointed a commissioner to be known as the parliamentary crime and corruption commissioner.\n(sec.303-ssec.2) The parliamentary commissioner is an officer of the Parliament.","sortOrder":704},{"sectionNumber":"ch.6-pt.4-div.2","sectionType":"division","heading":"Provisions about appointment","content":"## Provisions about appointment","sortOrder":705},{"sectionNumber":"sec.304","sectionType":"section","heading":"Qualification for appointment as parliamentary commissioner","content":"### sec.304 Qualification for appointment as parliamentary commissioner\n\nA person is qualified for appointment as the parliamentary commissioner if the person has served as, or is qualified for appointment as, a judge of—\nthe Supreme Court of Queensland; or\nthe Supreme Court of another State; or\nthe High Court of Australia; or\nthe Federal Court of Australia.\n- (a) the Supreme Court of Queensland; or\n- (b) the Supreme Court of another State; or\n- (c) the High Court of Australia; or\n- (d) the Federal Court of Australia.","sortOrder":706},{"sectionNumber":"sec.305","sectionType":"section","heading":"Disqualifications as parliamentary commissioner","content":"### sec.305 Disqualifications as parliamentary commissioner\n\nAn ineligible person can not be appointed as the parliamentary commissioner.\nAn ineligible person, other than a person who is an ineligible person only because the person holds office as the parliamentary commissioner, can not continue as the parliamentary commissioner.\nIn this section—\nineligible person includes a commission officer.\ns 305 amd 2002 No. 68 s 283 sch 3 ; 2006 No. 41 s 26\n(sec.305-ssec.1) An ineligible person can not be appointed as the parliamentary commissioner.\n(sec.305-ssec.2) An ineligible person, other than a person who is an ineligible person only because the person holds office as the parliamentary commissioner, can not continue as the parliamentary commissioner.\n(sec.305-ssec.3) In this section— ineligible person includes a commission officer.","sortOrder":707},{"sectionNumber":"sec.306","sectionType":"section","heading":"Selection for appointment of parliamentary commissioner","content":"### sec.306 Selection for appointment of parliamentary commissioner\n\nThe Speaker must advertise nationally for applications from suitably qualified persons to be considered for selection as the parliamentary commissioner.\nSubsection (1) does not apply to the reappointment of a person as the parliamentary commissioner.\nThe Speaker may appoint a person as the parliamentary commissioner only if the appointment is made with the bipartisan support of the parliamentary committee.\n(sec.306-ssec.1) The Speaker must advertise nationally for applications from suitably qualified persons to be considered for selection as the parliamentary commissioner.\n(sec.306-ssec.2) Subsection (1) does not apply to the reappointment of a person as the parliamentary commissioner.\n(sec.306-ssec.3) The Speaker may appoint a person as the parliamentary commissioner only if the appointment is made with the bipartisan support of the parliamentary committee.","sortOrder":708},{"sectionNumber":"sec.307","sectionType":"section","heading":"Appointment of parliamentary commissioner","content":"### sec.307 Appointment of parliamentary commissioner\n\nThe parliamentary commissioner must be appointed by the Speaker as an officer of the parliamentary service under the Parliamentary Service Act 1988 .\nHowever—\nthe parliamentary commissioner can not be dismissed or suspended without the bipartisan support of the parliamentary committee; and\nthe Parliamentary Service Act 1988 , sections 43 and 44 do not apply to the position of parliamentary commissioner.\nWithin 7 sitting days after the appointment of the parliamentary commissioner, the Speaker must table in the Legislative Assembly notice of the appointment.\n(sec.307-ssec.1) The parliamentary commissioner must be appointed by the Speaker as an officer of the parliamentary service under the Parliamentary Service Act 1988 .\n(sec.307-ssec.2) However— the parliamentary commissioner can not be dismissed or suspended without the bipartisan support of the parliamentary committee; and the Parliamentary Service Act 1988 , sections 43 and 44 do not apply to the position of parliamentary commissioner.\n(sec.307-ssec.3) Within 7 sitting days after the appointment of the parliamentary commissioner, the Speaker must table in the Legislative Assembly notice of the appointment.\n- (a) the parliamentary commissioner can not be dismissed or suspended without the bipartisan support of the parliamentary committee; and\n- (b) the Parliamentary Service Act 1988 , sections 43 and 44 do not apply to the position of parliamentary commissioner.","sortOrder":709},{"sectionNumber":"sec.308","sectionType":"section","heading":"Acting parliamentary commissioner","content":"### sec.308 Acting parliamentary commissioner\n\nThe Speaker may appoint a person qualified to be appointed as the parliamentary commissioner to act as the parliamentary commissioner—\nduring a vacancy in the office; or\nduring any period, or all periods, when the parliamentary commissioner is absent from duty or from the State or, for another reason, can not perform the duties of the office.\nA person may be appointed to act as the parliamentary commissioner only if the appointment is made with the bipartisan support of the parliamentary committee.\ns 308 amd 2014 No. 21 s 72\n(sec.308-ssec.1) The Speaker may appoint a person qualified to be appointed as the parliamentary commissioner to act as the parliamentary commissioner— during a vacancy in the office; or during any period, or all periods, when the parliamentary commissioner is absent from duty or from the State or, for another reason, can not perform the duties of the office.\n(sec.308-ssec.2) A person may be appointed to act as the parliamentary commissioner only if the appointment is made with the bipartisan support of the parliamentary committee.\n- (a) during a vacancy in the office; or\n- (b) during any period, or all periods, when the parliamentary commissioner is absent from duty or from the State or, for another reason, can not perform the duties of the office.","sortOrder":710},{"sectionNumber":"sec.309","sectionType":"section","heading":"Duration of parliamentary commissioner’s appointment","content":"### sec.309 Duration of parliamentary commissioner’s appointment\n\nThe parliamentary commissioner holds office for the term, not less than 2 years and no longer than 5 years, stated in the instrument of the parliamentary commissioner’s appointment.\nThe parliamentary commissioner must not hold office for more than 5 years in total.\nSubsection (2) has effect despite the Acts Interpretation Act 1954 , section 25 (1) (c) .\n(sec.309-ssec.1) The parliamentary commissioner holds office for the term, not less than 2 years and no longer than 5 years, stated in the instrument of the parliamentary commissioner’s appointment.\n(sec.309-ssec.2) The parliamentary commissioner must not hold office for more than 5 years in total.\n(sec.309-ssec.3) Subsection (2) has effect despite the Acts Interpretation Act 1954 , section 25 (1) (c) .","sortOrder":711},{"sectionNumber":"sec.310","sectionType":"section","heading":"Terms of parliamentary commissioner’s appointment","content":"### sec.310 Terms of parliamentary commissioner’s appointment\n\nAppointment as the parliamentary commissioner is on a part-time basis.\nThe parliamentary commissioner is to be paid the remuneration and allowances decided by the Speaker.\nTo the extent that the parliamentary commissioner’s terms and conditions are not provided for by this Act, the parliamentary commissioner holds office on the terms and conditions decided by the Speaker.\n(sec.310-ssec.1) Appointment as the parliamentary commissioner is on a part-time basis.\n(sec.310-ssec.2) The parliamentary commissioner is to be paid the remuneration and allowances decided by the Speaker.\n(sec.310-ssec.3) To the extent that the parliamentary commissioner’s terms and conditions are not provided for by this Act, the parliamentary commissioner holds office on the terms and conditions decided by the Speaker.","sortOrder":712},{"sectionNumber":"sec.311","sectionType":"section","heading":"Resignation","content":"### sec.311 Resignation\n\nThe parliamentary commissioner may resign by signed notice given to the Speaker.","sortOrder":713},{"sectionNumber":"sec.312","sectionType":"section","heading":"Termination of appointment","content":"### sec.312 Termination of appointment\n\nThe Governor in Council may terminate the appointment of the parliamentary commissioner if the parliamentary commissioner—\nis or becomes incapable of satisfactorily performing the parliamentary commissioner’s duties; or\nis guilty of conduct that could warrant dismissal from the public service if the parliamentary commissioner were a public service officer.\nThe Governor in council may terminate the appointment of the parliamentary commissioner if—\na recommendation to the Legislative Assembly to terminate the appointment is made with the bipartisan support of the parliamentary committee; and\nthe Legislative Assembly, by resolution, approves the termination of the appointment.\nThe office of the parliamentary commissioner is vacated if the parliamentary commissioner becomes an ineligible person for a reason other than holding office as the parliamentary commissioner.\nIn this section—\nineligible person includes a commission officer.\ns 312 amd 2002 No. 68 s 283 sch 3 ; 2006 No. 41 s 27\n(sec.312-ssec.1) The Governor in Council may terminate the appointment of the parliamentary commissioner if the parliamentary commissioner— is or becomes incapable of satisfactorily performing the parliamentary commissioner’s duties; or is guilty of conduct that could warrant dismissal from the public service if the parliamentary commissioner were a public service officer.\n(sec.312-ssec.2) The Governor in council may terminate the appointment of the parliamentary commissioner if— a recommendation to the Legislative Assembly to terminate the appointment is made with the bipartisan support of the parliamentary committee; and the Legislative Assembly, by resolution, approves the termination of the appointment.\n(sec.312-ssec.3) The office of the parliamentary commissioner is vacated if the parliamentary commissioner becomes an ineligible person for a reason other than holding office as the parliamentary commissioner.\n(sec.312-ssec.4) In this section— ineligible person includes a commission officer.\n- (a) is or becomes incapable of satisfactorily performing the parliamentary commissioner’s duties; or\n- (b) is guilty of conduct that could warrant dismissal from the public service if the parliamentary commissioner were a public service officer.\n- (a) a recommendation to the Legislative Assembly to terminate the appointment is made with the bipartisan support of the parliamentary committee; and\n- (b) the Legislative Assembly, by resolution, approves the termination of the appointment.","sortOrder":714},{"sectionNumber":"sec.313","sectionType":"section","heading":"Oath of parliamentary commissioner","content":"### sec.313 Oath of parliamentary commissioner\n\nBefore entering on the performance of functions as parliamentary commissioner, the commissioner must take an oath that the commissioner—\nwill faithfully and impartially perform the functions of the office; and\nwill not, except as provided under this Act, disclose any information received under this Act.\nThe oath is to be administered by the Speaker.\ns 313 amd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.313-ssec.1) Before entering on the performance of functions as parliamentary commissioner, the commissioner must take an oath that the commissioner— will faithfully and impartially perform the functions of the office; and will not, except as provided under this Act, disclose any information received under this Act.\n(sec.313-ssec.2) The oath is to be administered by the Speaker.\n- (a) will faithfully and impartially perform the functions of the office; and\n- (b) will not, except as provided under this Act, disclose any information received under this Act.","sortOrder":715},{"sectionNumber":"ch.6-pt.4-div.3","sectionType":"division","heading":"Functions and support","content":"## Functions and support","sortOrder":716},{"sectionNumber":"sec.314","sectionType":"section","heading":"Functions of parliamentary commissioner","content":"### sec.314 Functions of parliamentary commissioner\n\nThe parliamentary commissioner has the functions given to the parliamentary commissioner under this or another Act.\nThe parliamentary commissioner has the functions, as required by the parliamentary committee, to do the following—\naudit records kept by the commission and operational files and accompanying documentary material held by the commission, including current sensitive operations, including for the purpose of deciding the following—\nwhether the commission has exercised power in an appropriate way;\nwhether matters under investigation are appropriate for investigation by the entity investigating or are more appropriately the responsibility of another entity;\nwhether registers are up to date and complete and all required documentation is on the file and correctly noted on the registers;\nwhether required authorisations for the exercise of power have been obtained;\nwhether any policy or procedural guidelines set by the commission have been strictly complied with;\ninvestigate, including by accessing operational files of the commission to which the parliamentary committee is denied access, complaints made against, or concerns expressed about, the conduct or activities of—\nthe commission; or\na commission officer;\nindependently investigate allegations of possible unauthorised disclosure of information or other material that, under this Act, is confidential;\ninspect the register of confidential information kept under section 67 to verify the commission’s reasons for withholding information from the parliamentary committee;\nreview reports given by the commission to the parliamentary committee to verify their accuracy and completeness, particularly in relation to an operational matter;\nreport, and make recommendations, to the parliamentary committee on the results of performing the functions mentioned in paragraphs (a) to (e) ;\nperform other functions the parliamentary committee considers necessary or desirable.\nA requirement under subsection (2) is effective only if it is made with the bipartisan support of the parliamentary committee.\nThe parliamentary commissioner also has the function to investigate on the parliamentary commissioner’s own initiative a matter mentioned in subsection (2) (b) or (c) , or a matter notified to the parliamentary commissioner under section 329 , if—\nthe matter relates to conduct of a commission officer that involves or may involve corrupt conduct; and\nthe parliamentary commissioner is satisfied, on reasonable grounds—\nthe commission has not adequately dealt with the matter; or\nthe commission may not adequately deal with the matter; or\nit is in the public interest.\nThe parliamentary commissioner may conduct a preliminary assessment of a matter to decide whether subsection (4) (a) and (b) is satisfied for the matter.\nThe parliamentary commissioner may exercise the powers under section 317 , but not the powers under section 318 , for a preliminary assessment under subsection (5) .\nIf the parliamentary commissioner decides to investigate a matter under subsection (4) or conduct a preliminary assessment under subsection (5) , the parliamentary commissioner must notify the parliamentary committee of the decision.\nIn this section—\ncorrupt conduct , of a commission officer, means conduct that would, if the officer were an officer in a unit of public administration, be corrupt conduct.\ns 314 amd 2014 No. 21 s 73 ; 2024 No. 24 s 57 s ch 1 pt 2 ; 2024 No. 41 s 43\n(sec.314-ssec.1) The parliamentary commissioner has the functions given to the parliamentary commissioner under this or another Act.\n(sec.314-ssec.2) The parliamentary commissioner has the functions, as required by the parliamentary committee, to do the following— audit records kept by the commission and operational files and accompanying documentary material held by the commission, including current sensitive operations, including for the purpose of deciding the following— whether the commission has exercised power in an appropriate way; whether matters under investigation are appropriate for investigation by the entity investigating or are more appropriately the responsibility of another entity; whether registers are up to date and complete and all required documentation is on the file and correctly noted on the registers; whether required authorisations for the exercise of power have been obtained; whether any policy or procedural guidelines set by the commission have been strictly complied with; investigate, including by accessing operational files of the commission to which the parliamentary committee is denied access, complaints made against, or concerns expressed about, the conduct or activities of— the commission; or a commission officer; independently investigate allegations of possible unauthorised disclosure of information or other material that, under this Act, is confidential; inspect the register of confidential information kept under section 67 to verify the commission’s reasons for withholding information from the parliamentary committee; review reports given by the commission to the parliamentary committee to verify their accuracy and completeness, particularly in relation to an operational matter; report, and make recommendations, to the parliamentary committee on the results of performing the functions mentioned in paragraphs (a) to (e) ; perform other functions the parliamentary committee considers necessary or desirable.\n(sec.314-ssec.3) A requirement under subsection (2) is effective only if it is made with the bipartisan support of the parliamentary committee.\n(sec.314-ssec.4) The parliamentary commissioner also has the function to investigate on the parliamentary commissioner’s own initiative a matter mentioned in subsection (2) (b) or (c) , or a matter notified to the parliamentary commissioner under section 329 , if— the matter relates to conduct of a commission officer that involves or may involve corrupt conduct; and the parliamentary commissioner is satisfied, on reasonable grounds— the commission has not adequately dealt with the matter; or the commission may not adequately deal with the matter; or it is in the public interest.\n(sec.314-ssec.5) The parliamentary commissioner may conduct a preliminary assessment of a matter to decide whether subsection (4) (a) and (b) is satisfied for the matter.\n(sec.314-ssec.6) The parliamentary commissioner may exercise the powers under section 317 , but not the powers under section 318 , for a preliminary assessment under subsection (5) .\n(sec.314-ssec.7) If the parliamentary commissioner decides to investigate a matter under subsection (4) or conduct a preliminary assessment under subsection (5) , the parliamentary commissioner must notify the parliamentary committee of the decision.\n(sec.314-ssec.8) In this section— corrupt conduct , of a commission officer, means conduct that would, if the officer were an officer in a unit of public administration, be corrupt conduct.\n- (a) audit records kept by the commission and operational files and accompanying documentary material held by the commission, including current sensitive operations, including for the purpose of deciding the following— (i) whether the commission has exercised power in an appropriate way; (ii) whether matters under investigation are appropriate for investigation by the entity investigating or are more appropriately the responsibility of another entity; (iii) whether registers are up to date and complete and all required documentation is on the file and correctly noted on the registers; (iv) whether required authorisations for the exercise of power have been obtained; (v) whether any policy or procedural guidelines set by the commission have been strictly complied with;\n- (i) whether the commission has exercised power in an appropriate way;\n- (ii) whether matters under investigation are appropriate for investigation by the entity investigating or are more appropriately the responsibility of another entity;\n- (iii) whether registers are up to date and complete and all required documentation is on the file and correctly noted on the registers;\n- (iv) whether required authorisations for the exercise of power have been obtained;\n- (v) whether any policy or procedural guidelines set by the commission have been strictly complied with;\n- (b) investigate, including by accessing operational files of the commission to which the parliamentary committee is denied access, complaints made against, or concerns expressed about, the conduct or activities of— (i) the commission; or (ii) a commission officer;\n- (i) the commission; or\n- (ii) a commission officer;\n- (c) independently investigate allegations of possible unauthorised disclosure of information or other material that, under this Act, is confidential;\n- (d) inspect the register of confidential information kept under section 67 to verify the commission’s reasons for withholding information from the parliamentary committee;\n- (e) review reports given by the commission to the parliamentary committee to verify their accuracy and completeness, particularly in relation to an operational matter;\n- (f) report, and make recommendations, to the parliamentary committee on the results of performing the functions mentioned in paragraphs (a) to (e) ;\n- (g) perform other functions the parliamentary committee considers necessary or desirable.\n- (i) whether the commission has exercised power in an appropriate way;\n- (ii) whether matters under investigation are appropriate for investigation by the entity investigating or are more appropriately the responsibility of another entity;\n- (iii) whether registers are up to date and complete and all required documentation is on the file and correctly noted on the registers;\n- (iv) whether required authorisations for the exercise of power have been obtained;\n- (v) whether any policy or procedural guidelines set by the commission have been strictly complied with;\n- (i) the commission; or\n- (ii) a commission officer;\n- (a) the matter relates to conduct of a commission officer that involves or may involve corrupt conduct; and\n- (b) the parliamentary commissioner is satisfied, on reasonable grounds— (i) the commission has not adequately dealt with the matter; or (ii) the commission may not adequately deal with the matter; or (iii) it is in the public interest.\n- (i) the commission has not adequately dealt with the matter; or\n- (ii) the commission may not adequately deal with the matter; or\n- (iii) it is in the public interest.\n- (i) the commission has not adequately dealt with the matter; or\n- (ii) the commission may not adequately deal with the matter; or\n- (iii) it is in the public interest.","sortOrder":717},{"sectionNumber":"sec.314A","sectionType":"section","heading":"Recommendation or referral arising from investigation conducted on parliamentary commissioner’s own initiative","content":"### sec.314A Recommendation or referral arising from investigation conducted on parliamentary commissioner’s own initiative\n\nThis section applies if the parliamentary commissioner investigates a matter under section 314 (4) .\nIf, from information obtained in conducting the investigation, the parliamentary commissioner decides that prosecution proceedings for an offence should be considered, the parliamentary commissioner may refer the matter to the director of public prosecutions, or other appropriate prosecuting authority, for the purposes of any prosecution proceedings the director or other authority considers warranted.\nIf the matter involved conduct of a commission officer, the parliamentary commissioner may—\nfor conduct of a commissioner or the chief executive officer—make a recommendation to the Minister or the parliamentary committee that the Minister or parliamentary committee consider whether disciplinary action should be taken against the commissioner or chief executive officer; or\nfor conduct of another commission officer—make a recommendation to the chief executive officer that the chief executive officer consider whether disciplinary action should be taken against the officer.\nThe parliamentary commissioner must not include in a referral under subsection (2) or a recommendation under subsection (3) —\nany statement that a person has engaged, is engaging or is about to engage in conduct that constitutes a criminal offence or disciplinary breach; or\nany opinion or recommendation that a person should be prosecuted for a criminal offence or be the subject of disciplinary action or further disciplinary action.\nThe parliamentary commissioner may give a copy of a referral under subsection (2) or a recommendation under subsection (3) , or an extract from the referral or recommendation, to the Speaker for tabling in the Legislative Assembly if, and only if—\nthe parliamentary commissioner is satisfied of the following—\nthe referral or recommendation relates to a case of serious corrupt conduct;\nthe referral or recommendation has not been adequately dealt with;\ntabling the referral or recommendation, or extract, is in the public interest; and\nthe person to whom the referral or recommendation relates has been afforded procedural fairness for the disclosure of the referral or recommendation.\nThe Speaker must table in the Legislative Assembly a copy of, or extract from, a referral or recommendation within 7 days after the Speaker receives the copy or extract under subsection (5) .\nIn this section—\ndisciplinary action , for a commission officer, means any action of a disciplinary nature permitted to be taken against the officer under this Act, another law or the officer’s terms of employment or engagement, including, for example, terminating the officer’s appointment, employment or engagement under this Act.\nSee chapter 6 , part 1 , division 9 in relation to disciplinary action against senior officers and commission staff and agents.\ns 314A ins 2014 No. 21 s 74\namd 2016 No. 19 s 39\n(sec.314A-ssec.1) This section applies if the parliamentary commissioner investigates a matter under section 314 (4) .\n(sec.314A-ssec.2) If, from information obtained in conducting the investigation, the parliamentary commissioner decides that prosecution proceedings for an offence should be considered, the parliamentary commissioner may refer the matter to the director of public prosecutions, or other appropriate prosecuting authority, for the purposes of any prosecution proceedings the director or other authority considers warranted.\n(sec.314A-ssec.3) If the matter involved conduct of a commission officer, the parliamentary commissioner may— for conduct of a commissioner or the chief executive officer—make a recommendation to the Minister or the parliamentary committee that the Minister or parliamentary committee consider whether disciplinary action should be taken against the commissioner or chief executive officer; or for conduct of another commission officer—make a recommendation to the chief executive officer that the chief executive officer consider whether disciplinary action should be taken against the officer.\n(sec.314A-ssec.4) The parliamentary commissioner must not include in a referral under subsection (2) or a recommendation under subsection (3) — any statement that a person has engaged, is engaging or is about to engage in conduct that constitutes a criminal offence or disciplinary breach; or any opinion or recommendation that a person should be prosecuted for a criminal offence or be the subject of disciplinary action or further disciplinary action.\n(sec.314A-ssec.5) The parliamentary commissioner may give a copy of a referral under subsection (2) or a recommendation under subsection (3) , or an extract from the referral or recommendation, to the Speaker for tabling in the Legislative Assembly if, and only if— the parliamentary commissioner is satisfied of the following— the referral or recommendation relates to a case of serious corrupt conduct; the referral or recommendation has not been adequately dealt with; tabling the referral or recommendation, or extract, is in the public interest; and the person to whom the referral or recommendation relates has been afforded procedural fairness for the disclosure of the referral or recommendation.\n(sec.314A-ssec.6) The Speaker must table in the Legislative Assembly a copy of, or extract from, a referral or recommendation within 7 days after the Speaker receives the copy or extract under subsection (5) .\n(sec.314A-ssec.7) In this section— disciplinary action , for a commission officer, means any action of a disciplinary nature permitted to be taken against the officer under this Act, another law or the officer’s terms of employment or engagement, including, for example, terminating the officer’s appointment, employment or engagement under this Act. See chapter 6 , part 1 , division 9 in relation to disciplinary action against senior officers and commission staff and agents.\n- (a) for conduct of a commissioner or the chief executive officer—make a recommendation to the Minister or the parliamentary committee that the Minister or parliamentary committee consider whether disciplinary action should be taken against the commissioner or chief executive officer; or\n- (b) for conduct of another commission officer—make a recommendation to the chief executive officer that the chief executive officer consider whether disciplinary action should be taken against the officer.\n- (a) any statement that a person has engaged, is engaging or is about to engage in conduct that constitutes a criminal offence or disciplinary breach; or\n- (b) any opinion or recommendation that a person should be prosecuted for a criminal offence or be the subject of disciplinary action or further disciplinary action.\n- (a) the parliamentary commissioner is satisfied of the following— (i) the referral or recommendation relates to a case of serious corrupt conduct; (ii) the referral or recommendation has not been adequately dealt with; (iii) tabling the referral or recommendation, or extract, is in the public interest; and\n- (i) the referral or recommendation relates to a case of serious corrupt conduct;\n- (ii) the referral or recommendation has not been adequately dealt with;\n- (iii) tabling the referral or recommendation, or extract, is in the public interest; and\n- (b) the person to whom the referral or recommendation relates has been afforded procedural fairness for the disclosure of the referral or recommendation.\n- (i) the referral or recommendation relates to a case of serious corrupt conduct;\n- (ii) the referral or recommendation has not been adequately dealt with;\n- (iii) tabling the referral or recommendation, or extract, is in the public interest; and","sortOrder":718},{"sectionNumber":"sec.314B","sectionType":"section","heading":"Report on investigation conducted on parliamentary commissioner’s own initiative","content":"### sec.314B Report on investigation conducted on parliamentary commissioner’s own initiative\n\nThis section applies if the parliamentary commissioner investigates a matter under section 314 (4) .\nThe parliamentary commissioner must—\nreport to the parliamentary committee on the results of the investigation; and\ngive a copy of the report to—\nif the report relates to the conduct of a commissioner or the chief executive officer—the Minister; or\notherwise—the chief executive officer.\nThe parliamentary commissioner must include in the report information about—\na referral made by the parliamentary commissioner under section 314A (2) ; or\na recommendation made by the parliamentary commissioner under section 314A (3) .\nThe parliamentary committee may take action under this Act in relation to the matter the subject of the report.\nSee, for example, sections 236 (4) (a) and 295 for action the parliamentary committee may take under this Act.\nThe parliamentary committee or the Minister may table the report, or an extract from the report, in the Legislative Assembly if, and only if—\nthe committee or Minister is satisfied of the following—\nthe report relates to a case of serious corrupt conduct;\nthe matter the subject of the report has not been adequately dealt with under this Act;\ntabling the report or extract is in the public interest; and\nif the tabling of the report or extract would disclose information adverse to a person, the person has been afforded procedural fairness for the disclosure.\ns 314B ins 2014 No. 21 s 74\namd 2016 No. 19 s 40\n(sec.314B-ssec.1) This section applies if the parliamentary commissioner investigates a matter under section 314 (4) .\n(sec.314B-ssec.2) The parliamentary commissioner must— report to the parliamentary committee on the results of the investigation; and give a copy of the report to— if the report relates to the conduct of a commissioner or the chief executive officer—the Minister; or otherwise—the chief executive officer.\n(sec.314B-ssec.3) The parliamentary commissioner must include in the report information about— a referral made by the parliamentary commissioner under section 314A (2) ; or a recommendation made by the parliamentary commissioner under section 314A (3) .\n(sec.314B-ssec.4) The parliamentary committee may take action under this Act in relation to the matter the subject of the report. See, for example, sections 236 (4) (a) and 295 for action the parliamentary committee may take under this Act.\n(sec.314B-ssec.5) The parliamentary committee or the Minister may table the report, or an extract from the report, in the Legislative Assembly if, and only if— the committee or Minister is satisfied of the following— the report relates to a case of serious corrupt conduct; the matter the subject of the report has not been adequately dealt with under this Act; tabling the report or extract is in the public interest; and if the tabling of the report or extract would disclose information adverse to a person, the person has been afforded procedural fairness for the disclosure.\n- (a) report to the parliamentary committee on the results of the investigation; and\n- (b) give a copy of the report to— (i) if the report relates to the conduct of a commissioner or the chief executive officer—the Minister; or (ii) otherwise—the chief executive officer.\n- (i) if the report relates to the conduct of a commissioner or the chief executive officer—the Minister; or\n- (ii) otherwise—the chief executive officer.\n- (i) if the report relates to the conduct of a commissioner or the chief executive officer—the Minister; or\n- (ii) otherwise—the chief executive officer.\n- (a) a referral made by the parliamentary commissioner under section 314A (2) ; or\n- (b) a recommendation made by the parliamentary commissioner under section 314A (3) .\n- (a) the committee or Minister is satisfied of the following— (i) the report relates to a case of serious corrupt conduct; (ii) the matter the subject of the report has not been adequately dealt with under this Act; (iii) tabling the report or extract is in the public interest; and\n- (i) the report relates to a case of serious corrupt conduct;\n- (ii) the matter the subject of the report has not been adequately dealt with under this Act;\n- (iii) tabling the report or extract is in the public interest; and\n- (b) if the tabling of the report or extract would disclose information adverse to a person, the person has been afforded procedural fairness for the disclosure.\n- (i) the report relates to a case of serious corrupt conduct;\n- (ii) the matter the subject of the report has not been adequately dealt with under this Act;\n- (iii) tabling the report or extract is in the public interest; and","sortOrder":719},{"sectionNumber":"sec.315","sectionType":"section","heading":"Administrative and support services for parliamentary commissioner","content":"### sec.315 Administrative and support services for parliamentary commissioner\n\nTo help the parliamentary commissioner in performing the parliamentary commissioner’s functions under this or another Act, by arrangement with the Speaker, officers or employees of the parliamentary service may be assigned and other administrative and support services may be provided to the parliamentary commissioner.\nIf asked by the parliamentary committee, the Speaker may engage legal practitioners and other suitably qualified persons to provide the parliamentary commissioner with services, information or advice.\nBefore a person first acts under subsection (1) or (2) , the person must take an oath, to be administered by the parliamentary commissioner, that the person will not, except as provided under this Act, disclose any information received under this part while helping the parliamentary commissioner.\n(sec.315-ssec.1) To help the parliamentary commissioner in performing the parliamentary commissioner’s functions under this or another Act, by arrangement with the Speaker, officers or employees of the parliamentary service may be assigned and other administrative and support services may be provided to the parliamentary commissioner.\n(sec.315-ssec.2) If asked by the parliamentary committee, the Speaker may engage legal practitioners and other suitably qualified persons to provide the parliamentary commissioner with services, information or advice.\n(sec.315-ssec.3) Before a person first acts under subsection (1) or (2) , the person must take an oath, to be administered by the parliamentary commissioner, that the person will not, except as provided under this Act, disclose any information received under this part while helping the parliamentary commissioner.","sortOrder":720},{"sectionNumber":"sec.316","sectionType":"section","heading":"Parliamentary commissioner can not be required to disclose particular information","content":"### sec.316 Parliamentary commissioner can not be required to disclose particular information\n\nThe parliamentary commissioner can not be required by the parliamentary committee to disclose to the committee information lawfully withheld from the committee by the commission under section 66 or otherwise.","sortOrder":721},{"sectionNumber":"ch.6-pt.4-div.4","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":722},{"sectionNumber":"sec.317","sectionType":"section","heading":"Powers of the parliamentary commissioner","content":"### sec.317 Powers of the parliamentary commissioner\n\nThe parliamentary commissioner has power to do all things necessary or convenient for the performance of the parliamentary commissioner’s functions.\nFor the performance of the parliamentary commissioner’s functions, the parliamentary commissioner may, by giving written notice to the chairperson, require a commission officer to do 1 or more of the following—\nproduce to the parliamentary commissioner, or allow the parliamentary commissioner access to, all records, files and other documents in the commission’s possession;\ngive the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing the parliamentary commissioner’s functions.\nAlso, for the performance of the parliamentary commissioner’s functions, the parliamentary commissioner may, by giving written notice to a public official, require the public official to do 1 or more of the following—\nproduce to the parliamentary commissioner, or allow the parliamentary commissioner access to, all records, files and other documents in the possession of the unit of public administration in which the public official holds an appointment;\ngive the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing the parliamentary commissioner’s functions.\nIf documents are produced to the parliamentary commissioner under this part, the parliamentary commissioner may—\nkeep the documents for the period the parliamentary commissioner considers necessary for the proper performance of the parliamentary commissioner’s functions; or\nmake copies or extracts of the documents for use in connection with the parliamentary commissioner’s functions to which the document is relevant.\nWhile the parliamentary commissioner has possession of a document under subsection (4) , the parliamentary commissioner must permit a person who would be entitled to inspect the document if it were in the possession of the commission or unit of public administration to inspect it at all reasonable times.\nA person required by a notice under subsection (2) or (3) to do something must comply with the requirement.\nMaximum penalty for subsection (6) —85 penalty units or 1 year’s imprisonment.\nThe parliamentary commissioner may delegate any of the parliamentary commissioner’s powers under the Police Powers and Responsibilities Act 2000 , chapter 11 or 13 as inspection entity under that Act to a legal practitioner engaged by the Speaker under section 315 (2) .\ns 317 amd 2002 No. 68 s 283 sch 3 ; 2005 No. 45 s 70 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) ; 2024 No. 24 s 57 s ch 1 pt 2\n(sec.317-ssec.1) The parliamentary commissioner has power to do all things necessary or convenient for the performance of the parliamentary commissioner’s functions.\n(sec.317-ssec.2) For the performance of the parliamentary commissioner’s functions, the parliamentary commissioner may, by giving written notice to the chairperson, require a commission officer to do 1 or more of the following— produce to the parliamentary commissioner, or allow the parliamentary commissioner access to, all records, files and other documents in the commission’s possession; give the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing the parliamentary commissioner’s functions.\n(sec.317-ssec.3) Also, for the performance of the parliamentary commissioner’s functions, the parliamentary commissioner may, by giving written notice to a public official, require the public official to do 1 or more of the following— produce to the parliamentary commissioner, or allow the parliamentary commissioner access to, all records, files and other documents in the possession of the unit of public administration in which the public official holds an appointment; give the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing the parliamentary commissioner’s functions.\n(sec.317-ssec.4) If documents are produced to the parliamentary commissioner under this part, the parliamentary commissioner may— keep the documents for the period the parliamentary commissioner considers necessary for the proper performance of the parliamentary commissioner’s functions; or make copies or extracts of the documents for use in connection with the parliamentary commissioner’s functions to which the document is relevant.\n(sec.317-ssec.5) While the parliamentary commissioner has possession of a document under subsection (4) , the parliamentary commissioner must permit a person who would be entitled to inspect the document if it were in the possession of the commission or unit of public administration to inspect it at all reasonable times.\n(sec.317-ssec.6) A person required by a notice under subsection (2) or (3) to do something must comply with the requirement. Maximum penalty for subsection (6) —85 penalty units or 1 year’s imprisonment.\n(sec.317-ssec.7) The parliamentary commissioner may delegate any of the parliamentary commissioner’s powers under the Police Powers and Responsibilities Act 2000 , chapter 11 or 13 as inspection entity under that Act to a legal practitioner engaged by the Speaker under section 315 (2) .\n- (a) produce to the parliamentary commissioner, or allow the parliamentary commissioner access to, all records, files and other documents in the commission’s possession;\n- (b) give the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing the parliamentary commissioner’s functions.\n- (a) produce to the parliamentary commissioner, or allow the parliamentary commissioner access to, all records, files and other documents in the possession of the unit of public administration in which the public official holds an appointment;\n- (b) give the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing the parliamentary commissioner’s functions.\n- (a) keep the documents for the period the parliamentary commissioner considers necessary for the proper performance of the parliamentary commissioner’s functions; or\n- (b) make copies or extracts of the documents for use in connection with the parliamentary commissioner’s functions to which the document is relevant.","sortOrder":723},{"sectionNumber":"sec.318","sectionType":"section","heading":"Parliamentary commissioner may conduct hearings in limited circumstances","content":"### sec.318 Parliamentary commissioner may conduct hearings in limited circumstances\n\nThis section applies if—\nthe parliamentary commissioner has used all reasonable means to obtain information about a matter without success; and\nthe parliamentary commissioner considers it appropriate to hold a hearing to obtain the information.\nThe parliamentary commissioner may hold a hearing to obtain the information.\nIf the parliamentary commissioner decides to hold a hearing under this section, the parliamentary commissioner must notify the parliamentary committee of the decision.\nThe parliamentary commissioner may, by notice, require any named commission officer or person who holds or held an appointment in a unit of public administration (the person ) to appear at the hearing to be examined on oath or to produce a document or thing.\nThe person must comply with the notice.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nThe parliamentary commissioner may administer an oath for the purposes of the hearing.\nThe person must answer a question put to the person by the parliamentary commissioner at the hearing or produce a document or thing if required to do so by the parliamentary commissioner.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nThe person is not entitled—\nto remain silent; or\nto refuse to answer a question or to fail to give an answer to the parliamentary commissioner’s satisfaction; or\nto fail to produce the document or thing;\nbecause compliance with the notice, answering the question or giving an answer to the parliamentary commissioner’s satisfaction, or producing the document or thing might tend to incriminate the person.\nHowever, if the person’s answer or the document or thing might tend to incriminate the person, the answer, document or thing is not admissible in evidence against the person in a civil or criminal proceeding, other than—\na proceeding for an offence about the falsity of the answer; or\na disciplinary proceeding started against the person.\nA hearing under this section is closed to the public.\ns 318 amd 2006 No. 41 s 28 ; 2009 No. 24 s 1406 ; 2014 No. 21 s 75\n(sec.318-ssec.1) This section applies if— the parliamentary commissioner has used all reasonable means to obtain information about a matter without success; and the parliamentary commissioner considers it appropriate to hold a hearing to obtain the information.\n(sec.318-ssec.2) The parliamentary commissioner may hold a hearing to obtain the information.\n(sec.318-ssec.3) If the parliamentary commissioner decides to hold a hearing under this section, the parliamentary commissioner must notify the parliamentary committee of the decision.\n(sec.318-ssec.4) The parliamentary commissioner may, by notice, require any named commission officer or person who holds or held an appointment in a unit of public administration (the person ) to appear at the hearing to be examined on oath or to produce a document or thing.\n(sec.318-ssec.5) The person must comply with the notice. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.318-ssec.6) The parliamentary commissioner may administer an oath for the purposes of the hearing.\n(sec.318-ssec.7) The person must answer a question put to the person by the parliamentary commissioner at the hearing or produce a document or thing if required to do so by the parliamentary commissioner. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.318-ssec.8) The person is not entitled— to remain silent; or to refuse to answer a question or to fail to give an answer to the parliamentary commissioner’s satisfaction; or to fail to produce the document or thing; because compliance with the notice, answering the question or giving an answer to the parliamentary commissioner’s satisfaction, or producing the document or thing might tend to incriminate the person.\n(sec.318-ssec.9) However, if the person’s answer or the document or thing might tend to incriminate the person, the answer, document or thing is not admissible in evidence against the person in a civil or criminal proceeding, other than— a proceeding for an offence about the falsity of the answer; or a disciplinary proceeding started against the person.\n(sec.318-ssec.10) A hearing under this section is closed to the public.\n- (a) the parliamentary commissioner has used all reasonable means to obtain information about a matter without success; and\n- (b) the parliamentary commissioner considers it appropriate to hold a hearing to obtain the information.\n- (a) to remain silent; or\n- (b) to refuse to answer a question or to fail to give an answer to the parliamentary commissioner’s satisfaction; or\n- (c) to fail to produce the document or thing;\n- (a) a proceeding for an offence about the falsity of the answer; or\n- (b) a disciplinary proceeding started against the person.","sortOrder":724},{"sectionNumber":"sec.319","sectionType":"section","heading":"Notice may be a confidential document","content":"### sec.319 Notice may be a confidential document\n\nA notice given by the parliamentary commissioner under this division may provide that it is a confidential document.\nA person must not disclose the existence of a confidential document to anyone else, unless the person has a reasonable excuse.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nIt is a reasonable excuse for a person to disclose the existence of a confidential document if—\nthe disclosure is made—\nfor the purpose of seeking legal advice in relation to the document or an offence against subsection (2) ; or\nfor the purpose of obtaining information in order to comply with the document; or\nfor the purpose of making a complaint to the parliamentary committee about the document; or\nin the course of the administration of this Act; and\nthe person informs the person to whom the disclosure is made that it is an offence to disclose the existence of the document to anyone else unless the person has a reasonable excuse.\n(sec.319-ssec.1) A notice given by the parliamentary commissioner under this division may provide that it is a confidential document.\n(sec.319-ssec.2) A person must not disclose the existence of a confidential document to anyone else, unless the person has a reasonable excuse. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.319-ssec.3) It is a reasonable excuse for a person to disclose the existence of a confidential document if— the disclosure is made— for the purpose of seeking legal advice in relation to the document or an offence against subsection (2) ; or for the purpose of obtaining information in order to comply with the document; or for the purpose of making a complaint to the parliamentary committee about the document; or in the course of the administration of this Act; and the person informs the person to whom the disclosure is made that it is an offence to disclose the existence of the document to anyone else unless the person has a reasonable excuse.\n- (a) the disclosure is made— (i) for the purpose of seeking legal advice in relation to the document or an offence against subsection (2) ; or (ii) for the purpose of obtaining information in order to comply with the document; or (iii) for the purpose of making a complaint to the parliamentary committee about the document; or (iv) in the course of the administration of this Act; and\n- (i) for the purpose of seeking legal advice in relation to the document or an offence against subsection (2) ; or\n- (ii) for the purpose of obtaining information in order to comply with the document; or\n- (iii) for the purpose of making a complaint to the parliamentary committee about the document; or\n- (iv) in the course of the administration of this Act; and\n- (b) the person informs the person to whom the disclosure is made that it is an offence to disclose the existence of the document to anyone else unless the person has a reasonable excuse.\n- (i) for the purpose of seeking legal advice in relation to the document or an offence against subsection (2) ; or\n- (ii) for the purpose of obtaining information in order to comply with the document; or\n- (iii) for the purpose of making a complaint to the parliamentary committee about the document; or\n- (iv) in the course of the administration of this Act; and","sortOrder":725},{"sectionNumber":"sec.320","sectionType":"section","heading":"Intelligence data review","content":"### sec.320 Intelligence data review\n\nThe parliamentary commissioner must conduct an annual review of intelligence data in the possession of the commission and the police service (each an agency ).\nThe purposes of the review are—\nto consider whether intelligence data held by each agency is appropriately held by the agency having regard to the agency’s functions; and\nto consider whether there is unnecessary duplication of intelligence data held by the agencies; and\nto consider whether the agencies are working cooperatively as partners to achieve optimal use of—\navailable intelligence data; and\nthe resources used to collect, collate or record the data; and\nto consider whether an agency is placing inappropriate restrictions on access to intelligence data by the other agency.\nThe parliamentary commissioner—\nmust prepare written advice on the review containing the parliamentary commissioner’s findings and recommendations, including, if appropriate, a recommendation about removing a restriction placed by an agency on access to intelligence data by the other agency; and\nmust give the advice to the chairperson of the commission, the commissioner of police and the parliamentary committee; and\nmay authorise the chairperson of the commission or the commissioner of police to disclose the advice or relevant parts of the advice to officers of the agencies for discussion and implementation at officer level.\nThe advice must be prepared in general terms in a way that does not disclose intelligence data or other confidential information.\nThe parliamentary commissioner must, when preparing the advice, have regard to the need for the investigation of corrupt conduct to be undertaken independently of general law enforcement.\nA review must be done as soon as practicable after the end of each financial year, and within 4 months after the end of the financial year.\ns 320 amd 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1)\n(sec.320-ssec.1) The parliamentary commissioner must conduct an annual review of intelligence data in the possession of the commission and the police service (each an agency ).\n(sec.320-ssec.2) The purposes of the review are— to consider whether intelligence data held by each agency is appropriately held by the agency having regard to the agency’s functions; and to consider whether there is unnecessary duplication of intelligence data held by the agencies; and to consider whether the agencies are working cooperatively as partners to achieve optimal use of— available intelligence data; and the resources used to collect, collate or record the data; and to consider whether an agency is placing inappropriate restrictions on access to intelligence data by the other agency.\n(sec.320-ssec.3) The parliamentary commissioner— must prepare written advice on the review containing the parliamentary commissioner’s findings and recommendations, including, if appropriate, a recommendation about removing a restriction placed by an agency on access to intelligence data by the other agency; and must give the advice to the chairperson of the commission, the commissioner of police and the parliamentary committee; and may authorise the chairperson of the commission or the commissioner of police to disclose the advice or relevant parts of the advice to officers of the agencies for discussion and implementation at officer level.\n(sec.320-ssec.4) The advice must be prepared in general terms in a way that does not disclose intelligence data or other confidential information.\n(sec.320-ssec.5) The parliamentary commissioner must, when preparing the advice, have regard to the need for the investigation of corrupt conduct to be undertaken independently of general law enforcement.\n(sec.320-ssec.6) A review must be done as soon as practicable after the end of each financial year, and within 4 months after the end of the financial year.\n- (a) to consider whether intelligence data held by each agency is appropriately held by the agency having regard to the agency’s functions; and\n- (b) to consider whether there is unnecessary duplication of intelligence data held by the agencies; and\n- (c) to consider whether the agencies are working cooperatively as partners to achieve optimal use of— (i) available intelligence data; and (ii) the resources used to collect, collate or record the data; and\n- (i) available intelligence data; and\n- (ii) the resources used to collect, collate or record the data; and\n- (d) to consider whether an agency is placing inappropriate restrictions on access to intelligence data by the other agency.\n- (i) available intelligence data; and\n- (ii) the resources used to collect, collate or record the data; and\n- (a) must prepare written advice on the review containing the parliamentary commissioner’s findings and recommendations, including, if appropriate, a recommendation about removing a restriction placed by an agency on access to intelligence data by the other agency; and\n- (b) must give the advice to the chairperson of the commission, the commissioner of police and the parliamentary committee; and\n- (c) may authorise the chairperson of the commission or the commissioner of police to disclose the advice or relevant parts of the advice to officers of the agencies for discussion and implementation at officer level.","sortOrder":726},{"sectionNumber":"ch.6-pt.4-div.5","sectionType":"division","heading":"General","content":"## General","sortOrder":727},{"sectionNumber":"sec.321","sectionType":"section","heading":"Confidentiality obligations not to apply","content":"### sec.321 Confidentiality obligations not to apply\n\nAn obligation to maintain secrecy in relation to, or that otherwise restricts, the disclosure of information or the production of documents in the possession of the commission, a unit of public administration or a relevant person, whether imposed under this or another Act or by a rule of law, does not apply to the disclosure of information or the production of a document under this part.\nIn this section—\nrelevant person means a person—\nwho is a commission officer; or\nwho is or was a person holding an appointment in a unit of public administration.\ns 321 amd 2006 No. 41 s 29\n(sec.321-ssec.1) An obligation to maintain secrecy in relation to, or that otherwise restricts, the disclosure of information or the production of documents in the possession of the commission, a unit of public administration or a relevant person, whether imposed under this or another Act or by a rule of law, does not apply to the disclosure of information or the production of a document under this part.\n(sec.321-ssec.2) In this section— relevant person means a person— who is a commission officer; or who is or was a person holding an appointment in a unit of public administration.\n- (a) who is a commission officer; or\n- (b) who is or was a person holding an appointment in a unit of public administration.","sortOrder":728},{"sectionNumber":"sec.322","sectionType":"section","heading":"Commission not entitled to privilege","content":"### sec.322 Commission not entitled to privilege\n\nThis section applies in relation to—\nan investigation under this part; and\nthe production of documents or the giving of evidence under this part.\nThe commission is not entitled to any privilege.\nA commission officer is not entitled to any privilege, other than legal professional privilege relating to legal representation for the investigation.\nIn this section—\nprivilege means any privilege of a type allowed by law in legal proceedings.\ns 322 amd 2006 No. 41 s 3 sch\n(sec.322-ssec.1) This section applies in relation to— an investigation under this part; and the production of documents or the giving of evidence under this part.\n(sec.322-ssec.2) The commission is not entitled to any privilege.\n(sec.322-ssec.3) A commission officer is not entitled to any privilege, other than legal professional privilege relating to legal representation for the investigation.\n(sec.322-ssec.4) In this section— privilege means any privilege of a type allowed by law in legal proceedings.\n- (a) an investigation under this part; and\n- (b) the production of documents or the giving of evidence under this part.","sortOrder":729},{"sectionNumber":"sec.323","sectionType":"section","heading":"Parliamentary commissioner’s report subject to Parliamentary privilege","content":"### sec.323 Parliamentary commissioner’s report subject to Parliamentary privilege\n\nIt is declared that a report prepared by the parliamentary commissioner at the request of the parliamentary committee is an act done for the purposes of transacting business of a statutory committee under the Parliament of Queensland Act 2001 .\ns 323 amd 2006 No. 41 s 3 sch","sortOrder":730},{"sectionNumber":"sec.323A","sectionType":"section","heading":"Use of report on investigation conducted by parliamentary committee or parliamentary commissioner","content":"### sec.323A Use of report on investigation conducted by parliamentary committee or parliamentary commissioner\n\nThis section applies if the Minister or chief executive officer receives a report on an investigation into the conduct of a commission officer from the parliamentary committee or the parliamentary commissioner.\nSee section 314B in relation to reports given to the Minister or chief executive officer by the parliamentary commissioner.\nThe report may be used—\nby the Minister or chief executive officer for deciding whether to take disciplinary action against the commission officer the subject of the report and what disciplinary action should be taken; and\nfor any disciplinary proceeding relating to the commission officer.\nThis section applies despite section 323 or any other law providing for parliamentary privilege in relation to the report.\nIn this section—\ndisciplinary action , for a commission officer, means any action of a disciplinary nature permitted to be taken against the officer under this Act, another law or the officer’s terms of employment or engagement, including, for example, terminating the person’s appointment, employment or engagement under this Act.\nSee chapter 6 , part 1 , division 9 in relation to disciplinary action against senior officers and commission staff and agents.\ndisciplinary proceeding , relating to a commission officer, means—\na proceeding for taking disciplinary action against the officer; or\na proceeding for the review of, or appeal against, disciplinary action taken against the officer; or\na proceeding involving a claim for a remedy relating to disciplinary action taken against the officer.\ns 323A ins 2014 No. 21 s 76\n(sec.323A-ssec.1) This section applies if the Minister or chief executive officer receives a report on an investigation into the conduct of a commission officer from the parliamentary committee or the parliamentary commissioner. See section 314B in relation to reports given to the Minister or chief executive officer by the parliamentary commissioner.\n(sec.323A-ssec.2) The report may be used— by the Minister or chief executive officer for deciding whether to take disciplinary action against the commission officer the subject of the report and what disciplinary action should be taken; and for any disciplinary proceeding relating to the commission officer.\n(sec.323A-ssec.3) This section applies despite section 323 or any other law providing for parliamentary privilege in relation to the report.\n(sec.323A-ssec.4) In this section— disciplinary action , for a commission officer, means any action of a disciplinary nature permitted to be taken against the officer under this Act, another law or the officer’s terms of employment or engagement, including, for example, terminating the person’s appointment, employment or engagement under this Act. See chapter 6 , part 1 , division 9 in relation to disciplinary action against senior officers and commission staff and agents. disciplinary proceeding , relating to a commission officer, means— a proceeding for taking disciplinary action against the officer; or a proceeding for the review of, or appeal against, disciplinary action taken against the officer; or a proceeding involving a claim for a remedy relating to disciplinary action taken against the officer.\n- (a) by the Minister or chief executive officer for deciding whether to take disciplinary action against the commission officer the subject of the report and what disciplinary action should be taken; and\n- (b) for any disciplinary proceeding relating to the commission officer.\n- (a) a proceeding for taking disciplinary action against the officer; or\n- (b) a proceeding for the review of, or appeal against, disciplinary action taken against the officer; or\n- (c) a proceeding involving a claim for a remedy relating to disciplinary action taken against the officer.","sortOrder":731},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Public interest monitor","content":"# Public interest monitor","sortOrder":732},{"sectionNumber":"ch.6-pt.5-div.1","sectionType":"division","heading":"Appointment of public interest monitor","content":"## Appointment of public interest monitor","sortOrder":733},{"sectionNumber":"sec.324","sectionType":"section","heading":"Public interest monitor","content":"### sec.324 Public interest monitor\n\nThe Governor in Council may appoint a person (the public interest monitor ) to monitor applications for, and the use of, surveillance warrants and covert search warrants.\nThe Governor in Council may also appoint as many deputy public interest monitors as the Minister considers necessary.\nThe Governor in Council may, in the appointment, fix the terms and conditions of the appointment.\nA monitor is to be appointed under this Act, and not under the Public Sector Act 2022 .\nA monitor must not be a person who is, or who is a member of, or who is employed in or by or to assist, any of the following—\nthe principal commissioner under the Family and Child Commission Act 2014 ;\nthe commission;\nthe director of public prosecutions;\nthe office of the director of public prosecutions;\nthe police service.\ns 324 amd 2007 No. 37 s 162 sch ; 2009 No. 25 s 83 sch ; 2014 No. 27 s 52 sch 1 pt 2 ; 2022 No. 34 s 365 sch 3\n(sec.324-ssec.1) The Governor in Council may appoint a person (the public interest monitor ) to monitor applications for, and the use of, surveillance warrants and covert search warrants.\n(sec.324-ssec.2) The Governor in Council may also appoint as many deputy public interest monitors as the Minister considers necessary.\n(sec.324-ssec.3) The Governor in Council may, in the appointment, fix the terms and conditions of the appointment.\n(sec.324-ssec.4) A monitor is to be appointed under this Act, and not under the Public Sector Act 2022 .\n(sec.324-ssec.5) A monitor must not be a person who is, or who is a member of, or who is employed in or by or to assist, any of the following— the principal commissioner under the Family and Child Commission Act 2014 ; the commission; the director of public prosecutions; the office of the director of public prosecutions; the police service.\n- (a) the principal commissioner under the Family and Child Commission Act 2014 ;\n- (b) the commission;\n- (c) the director of public prosecutions;\n- (d) the office of the director of public prosecutions;\n- (e) the police service.","sortOrder":734},{"sectionNumber":"sec.325","sectionType":"section","heading":"Acting monitor","content":"### sec.325 Acting monitor\n\nThe Governor in Council may appoint a person qualified to be appointed as the public interest monitor to act as the public interest monitor—\nduring a vacancy in the office; or\nduring any period, or all periods, when the public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office.\nThe Governor in Council may appoint a person qualified to be appointed as a deputy public interest monitor to act as a deputy public interest monitor—\nduring a vacancy in the office; or\nduring any period, or all periods, when a deputy public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office.\n(sec.325-ssec.1) The Governor in Council may appoint a person qualified to be appointed as the public interest monitor to act as the public interest monitor— during a vacancy in the office; or during any period, or all periods, when the public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office.\n(sec.325-ssec.2) The Governor in Council may appoint a person qualified to be appointed as a deputy public interest monitor to act as a deputy public interest monitor— during a vacancy in the office; or during any period, or all periods, when a deputy public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office.\n- (a) during a vacancy in the office; or\n- (b) during any period, or all periods, when the public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office.\n- (a) during a vacancy in the office; or\n- (b) during any period, or all periods, when a deputy public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office.","sortOrder":735},{"sectionNumber":"ch.6-pt.5-div.2","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":736},{"sectionNumber":"sec.326","sectionType":"section","heading":"Monitor’s functions","content":"### sec.326 Monitor’s functions\n\nThe public interest monitor has the following functions for surveillance warrants and covert search warrants—\nto monitor compliance by the commission with this Act in relation to matters concerning applications for surveillance warrants and covert search warrants;\nto appear at any hearing of an application to a Supreme Court judge or a magistrate for a surveillance warrant or covert search warrant to test the validity of the application, and for that purpose at the hearing—\nto ask questions of the applicant and to examine or cross-examine any witness; and\nto make submissions on the appropriateness of granting the application; and\nto gather statistical information about the use and effectiveness of surveillance warrants and covert search warrants;\nwhenever the public interest monitor considers it appropriate—to give to the commission and the parliamentary committee a report on noncompliance by the commission with this Act.\nSubject to the direction of the public interest monitor, a deputy public interest monitor has the functions mentioned in subsection (1) (a) , (b) and (c) .\ns 326 amd 2006 No. 41 s 30 ; 2007 No. 37 s 162 sch ; 2009 No. 48 s 144\n(sec.326-ssec.1) The public interest monitor has the following functions for surveillance warrants and covert search warrants— to monitor compliance by the commission with this Act in relation to matters concerning applications for surveillance warrants and covert search warrants; to appear at any hearing of an application to a Supreme Court judge or a magistrate for a surveillance warrant or covert search warrant to test the validity of the application, and for that purpose at the hearing— to ask questions of the applicant and to examine or cross-examine any witness; and to make submissions on the appropriateness of granting the application; and to gather statistical information about the use and effectiveness of surveillance warrants and covert search warrants; whenever the public interest monitor considers it appropriate—to give to the commission and the parliamentary committee a report on noncompliance by the commission with this Act.\n(sec.326-ssec.2) Subject to the direction of the public interest monitor, a deputy public interest monitor has the functions mentioned in subsection (1) (a) , (b) and (c) .\n- (a) to monitor compliance by the commission with this Act in relation to matters concerning applications for surveillance warrants and covert search warrants;\n- (b) to appear at any hearing of an application to a Supreme Court judge or a magistrate for a surveillance warrant or covert search warrant to test the validity of the application, and for that purpose at the hearing— (i) to ask questions of the applicant and to examine or cross-examine any witness; and (ii) to make submissions on the appropriateness of granting the application; and\n- (i) to ask questions of the applicant and to examine or cross-examine any witness; and\n- (ii) to make submissions on the appropriateness of granting the application; and\n- (c) to gather statistical information about the use and effectiveness of surveillance warrants and covert search warrants;\n- (d) whenever the public interest monitor considers it appropriate—to give to the commission and the parliamentary committee a report on noncompliance by the commission with this Act.\n- (i) to ask questions of the applicant and to examine or cross-examine any witness; and\n- (ii) to make submissions on the appropriateness of granting the application; and","sortOrder":737},{"sectionNumber":"sec.327","sectionType":"section","heading":"Minister’s guidelines","content":"### sec.327 Minister’s guidelines\n\nThe Minister may issue guidelines about how the public interest monitor and deputy public interest monitor are to perform their functions.","sortOrder":738},{"sectionNumber":"ch.6-pt.5-div.3","sectionType":"division","heading":"General","content":"## General","sortOrder":739},{"sectionNumber":"sec.328","sectionType":"section","heading":"Monitor’s annual report","content":"### sec.328 Monitor’s annual report\n\nAs soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the public interest monitor must prepare and give to the Minister a written report on the use of surveillance warrants and covert search warrants for the previous year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\nThe annual report must not contain information that—\ndiscloses or may lead to the disclosure of the identity of any person who has been, is being, or is to be, investigated; or\nindicates a particular investigation has been, is being, or is to be conducted.\nThe public interest monitor’s report may form part of another annual report the monitor is required to prepare under another Act.\n(sec.328-ssec.1) As soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the public interest monitor must prepare and give to the Minister a written report on the use of surveillance warrants and covert search warrants for the previous year.\n(sec.328-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.328-ssec.3) The annual report must not contain information that— discloses or may lead to the disclosure of the identity of any person who has been, is being, or is to be, investigated; or indicates a particular investigation has been, is being, or is to be conducted.\n(sec.328-ssec.4) The public interest monitor’s report may form part of another annual report the monitor is required to prepare under another Act.\n- (a) discloses or may lead to the disclosure of the identity of any person who has been, is being, or is to be, investigated; or\n- (b) indicates a particular investigation has been, is being, or is to be conducted.","sortOrder":740},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Repeal provisions","content":"# Repeal provisions","sortOrder":741},{"sectionNumber":"sec.349","sectionType":"section","heading":"Repeals","content":"### sec.349 Repeals\n\nThe following Acts are repealed—\nCriminal Justice Act 1989 No. 111\nCrime Commission Act 1997 No. 68.\n- • Criminal Justice Act 1989 No. 111\n- • Crime Commission Act 1997 No. 68.","sortOrder":742},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Crime and Misconduct Act 2001","content":"# Crime and Misconduct Act 2001","sortOrder":743},{"sectionNumber":"sec.350","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.350 Definitions for pt 2\n\nIn this part—\ncommencement means the commencement of this section.\ncontract employee means a person who, immediately before the commencement, was employed by the criminal justice commission or the Queensland crime commission under a written contract, whether or not for a fixed term.\nrepealed Act means the repealed Criminal Justice Act 1989 or the repealed Crime Commission Act 1997 .","sortOrder":744},{"sectionNumber":"sec.351","sectionType":"section","heading":"References to repealed Acts and former titles","content":"### sec.351 References to repealed Acts and former titles\n\nIn an Act or document, a reference to a repealed Act may, if the context permits, be taken as a reference to this Act.\nIn an Act or document, a reference in column 1 of the following table may, if the context permits, be taken as the corresponding reference in column 2 of the table.\nColumn 1\nColumn 2\ncriminal justice commission\ncommission\nCJC\ncommission\nchairperson of the criminal justice commission\nchairperson of the commission\ndirector, official misconduct division\nassistant commissioner, misconduct\nofficial misconduct division\ncommission\nQueensland crime commission\ncommission\nQCC\ncommission\ncrime commissioner\nassistant commissioner, crime\nmanagement committee\nreference committee\nparliamentary criminal justice commissioner\nparliamentary crime and misconduct commissioner\nparliamentary criminal justice committee\nparliamentary crime and misconduct committee\n(sec.351-ssec.1) In an Act or document, a reference to a repealed Act may, if the context permits, be taken as a reference to this Act.\n(sec.351-ssec.2) In an Act or document, a reference in column 1 of the following table may, if the context permits, be taken as the corresponding reference in column 2 of the table. Column 1 Column 2 criminal justice commission commission CJC commission chairperson of the criminal justice commission chairperson of the commission director, official misconduct division assistant commissioner, misconduct official misconduct division commission Queensland crime commission commission QCC commission crime commissioner assistant commissioner, crime management committee reference committee parliamentary criminal justice commissioner parliamentary crime and misconduct commissioner parliamentary criminal justice committee parliamentary crime and misconduct committee","sortOrder":745},{"sectionNumber":"sec.352","sectionType":"section","heading":"Assets, rights and liabilities","content":"### sec.352 Assets, rights and liabilities\n\nTo remove any doubt, it is declared that an asset, right or liability of the criminal justice commission or the Queensland crime commission is an asset, right or liability of the commission.","sortOrder":746},{"sectionNumber":"sec.353","sectionType":"section","heading":"Proceedings","content":"### sec.353 Proceedings\n\nTo remove any doubt, it is declared that a proceeding that could have been started or continued by, or against, the criminal justice commission or the Queensland crime commission may be started or continued by, or against, the commission.\nWithout limiting subsection (1), a disciplinary charge under section 39 of the repealed Criminal Justice Act 1989 that could have been started or continued by the Criminal Justice Commission if that Act had not been repealed may be started or continued by the commission under section 50.\n(sec.353-ssec.1) To remove any doubt, it is declared that a proceeding that could have been started or continued by, or against, the criminal justice commission or the Queensland crime commission may be started or continued by, or against, the commission.\n(sec.353-ssec.2) Without limiting subsection (1), a disciplinary charge under section 39 of the repealed Criminal Justice Act 1989 that could have been started or continued by the Criminal Justice Commission if that Act had not been repealed may be started or continued by the commission under section 50.","sortOrder":747},{"sectionNumber":"sec.354","sectionType":"section","heading":"Continuation of complaints","content":"### sec.354 Continuation of complaints\n\nThis section applies if a complaint made to the criminal justice commission under the repealed Criminal Justice Act 1989 before the commencement had not been finally dealt with under that Act on the commencement.\nThe complaint must be dealt with as if it had been made under this Act.\n(sec.354-ssec.1) This section applies if a complaint made to the criminal justice commission under the repealed Criminal Justice Act 1989 before the commencement had not been finally dealt with under that Act on the commencement.\n(sec.354-ssec.2) The complaint must be dealt with as if it had been made under this Act.","sortOrder":748},{"sectionNumber":"sec.355","sectionType":"section","heading":"Continuation of references","content":"### sec.355 Continuation of references\n\nEach referral to the crime commission by the management committee under the repealed Crime Commission Act 1997 is taken to be a referral of major crime to the commission by the reference committee under this Act subject to any limitations imposed by the management committee under the repealed Crime Commission Act 1997 .\nHowever, the standing reference to investigate criminal paedophilia mentioned in section 46 (7) of the repealed Crime Commission Act 1997 ended on that Act’s repeal.\n(sec.355-ssec.1) Each referral to the crime commission by the management committee under the repealed Crime Commission Act 1997 is taken to be a referral of major crime to the commission by the reference committee under this Act subject to any limitations imposed by the management committee under the repealed Crime Commission Act 1997 .\n(sec.355-ssec.2) However, the standing reference to investigate criminal paedophilia mentioned in section 46 (7) of the repealed Crime Commission Act 1997 ended on that Act’s repeal.","sortOrder":749},{"sectionNumber":"sec.356","sectionType":"section","heading":"Offences","content":"### sec.356 Offences\n\nProceedings for an offence against the repealed Act may be continued, or started despite the repeal of the repealed Act.\nFor subsection (1), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\nFor subsection (1), in relation to an offence against the repealed Criminal Justice Act 1989 , section 138 (2) of that Act applies, despite its repeal as if—\nthe word ‘commission’ included commission as defined in this Act; and\nthe word ‘chairperson’ included chairperson or chairman as defined in this Act.\ns 356 amd 2014 No. 21 s 94 (1) sch 1\n(sec.356-ssec.1) Proceedings for an offence against the repealed Act may be continued, or started despite the repeal of the repealed Act.\n(sec.356-ssec.2) For subsection (1), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\n(sec.356-ssec.3) For subsection (1), in relation to an offence against the repealed Criminal Justice Act 1989 , section 138 (2) of that Act applies, despite its repeal as if— the word ‘commission’ included commission as defined in this Act; and the word ‘chairperson’ included chairperson or chairman as defined in this Act.\n- (a) the word ‘commission’ included commission as defined in this Act; and\n- (b) the word ‘chairperson’ included chairperson or chairman as defined in this Act.","sortOrder":750},{"sectionNumber":"sec.357","sectionType":"section","heading":"Chairperson of the criminal justice commission","content":"### sec.357 Chairperson of the criminal justice commission\n\nThe chairperson of the criminal justice commission under the repealed Criminal Justice Act 1989 goes out of office as the chairperson of the criminal justice commission and as a member of the criminal justice commission on the commencement.\nSubsection (3) applies if the chairperson of the Criminal Justice Commission under the repealed Criminal Justice Act 1989 —\nis offered appointment as the chairperson under this Act and accepts the appointment; or\nis offered appointment as an assistant commissioner under this Act and accepts the appointment.\nThe chairperson is not entitled to an amount that might otherwise be payable to the chairperson because the chairperson goes out of office under subsection (1).\nThis section has no effect on superannuation or leave entitlements.\n(sec.357-ssec.1) The chairperson of the criminal justice commission under the repealed Criminal Justice Act 1989 goes out of office as the chairperson of the criminal justice commission and as a member of the criminal justice commission on the commencement.\n(sec.357-ssec.2) Subsection (3) applies if the chairperson of the Criminal Justice Commission under the repealed Criminal Justice Act 1989 — is offered appointment as the chairperson under this Act and accepts the appointment; or is offered appointment as an assistant commissioner under this Act and accepts the appointment.\n(sec.357-ssec.3) The chairperson is not entitled to an amount that might otherwise be payable to the chairperson because the chairperson goes out of office under subsection (1).\n(sec.357-ssec.4) This section has no effect on superannuation or leave entitlements.\n- (a) is offered appointment as the chairperson under this Act and accepts the appointment; or\n- (b) is offered appointment as an assistant commissioner under this Act and accepts the appointment.","sortOrder":751},{"sectionNumber":"sec.358","sectionType":"section","heading":"Commissioners of the criminal justice commission","content":"### sec.358 Commissioners of the criminal justice commission\n\nA member, other than the chairperson, of the criminal justice commission under the repealed Criminal Justice Act 1989 continues as a part-time commissioner under this Act.","sortOrder":752},{"sectionNumber":"sec.359","sectionType":"section","heading":"Crime commissioner","content":"### sec.359 Crime commissioner\n\nThe crime commissioner under the repealed Crime Commission Act 1997 goes out of office as the crime commissioner and as a member of the crime commission on the commencement.\nSubsection (3) applies if the crime commissioner under the repealed Crime Commission Act 1997 —\nis offered appointment as the chairperson under this Act and accepts the appointment; or\nis offered appointment as an assistant commissioner under this Act and accepts the appointment.\nThe crime commissioner is not entitled to an amount that might otherwise be payable to the crime commissioner because the crime commissioner goes out of office under subsection (1).\nThis section has no effect on superannuation or leave entitlements.\n(sec.359-ssec.1) The crime commissioner under the repealed Crime Commission Act 1997 goes out of office as the crime commissioner and as a member of the crime commission on the commencement.\n(sec.359-ssec.2) Subsection (3) applies if the crime commissioner under the repealed Crime Commission Act 1997 — is offered appointment as the chairperson under this Act and accepts the appointment; or is offered appointment as an assistant commissioner under this Act and accepts the appointment.\n(sec.359-ssec.3) The crime commissioner is not entitled to an amount that might otherwise be payable to the crime commissioner because the crime commissioner goes out of office under subsection (1).\n(sec.359-ssec.4) This section has no effect on superannuation or leave entitlements.\n- (a) is offered appointment as the chairperson under this Act and accepts the appointment; or\n- (b) is offered appointment as an assistant commissioner under this Act and accepts the appointment.","sortOrder":753},{"sectionNumber":"sec.360","sectionType":"section","heading":"Management committee","content":"### sec.360 Management committee\n\nAn appointed member of the management committee under the repealed Crime Commission Act 1997 is taken to be an appointed member of the reference committee under this Act in accordance with the member’s original conditions of appointment.\nIn this section—\nmember’s original conditions of appointment means the terms and conditions governing the member’s appointment under the repealed Crime Commission Act 1997 at the commencement.\n(sec.360-ssec.1) An appointed member of the management committee under the repealed Crime Commission Act 1997 is taken to be an appointed member of the reference committee under this Act in accordance with the member’s original conditions of appointment.\n(sec.360-ssec.2) In this section— member’s original conditions of appointment means the terms and conditions governing the member’s appointment under the repealed Crime Commission Act 1997 at the commencement.","sortOrder":754},{"sectionNumber":"sec.361","sectionType":"section","heading":"Parliamentary committee","content":"### sec.361 Parliamentary committee\n\nThe members of the criminal justice committee established under the repealed Criminal Justice Act 1989 holding office at the commencement are taken to be the members of the parliamentary committee under this Act.","sortOrder":755},{"sectionNumber":"sec.362","sectionType":"section","heading":"Parliamentary commissioner","content":"### sec.362 Parliamentary commissioner\n\nThe person holding office as the parliamentary commissioner or acting parliamentary commissioner under the repealed Criminal Justice Act 1989 at the commencement is taken to be the parliamentary commissioner or acting parliamentary commissioner under this Act.","sortOrder":756},{"sectionNumber":"sec.363","sectionType":"section","heading":"Employees","content":"### sec.363 Employees\n\nTo remove any doubt, it is declared that on the commencement a person who, immediately before the commencement, was an employee of the criminal justice commission or the Queensland crime commission—\nbecomes an employee of the commission; and\nhas a right to a salary or wage rate not lower than the person’s salary or wage rate immediately before the commencement.\nTo remove any doubt, it is declared that for subsection (1)(a)—\na person who, immediately before the commencement was a permanent employee of the criminal justice commission or the Queensland crime commission is taken to be a permanent employee of the commission; and\na person who, immediately before the commencement was a temporary employee of the criminal justice commission or the Queensland crime commission is taken to be a temporary employee of the commission; and\na person who, immediately before the commencement was a casual employee of the criminal justice commission or the Queensland crime commission is taken to be a temporary employee of the commission on a casual basis.\nThis section does not apply to a contract employee.\n(sec.363-ssec.1) To remove any doubt, it is declared that on the commencement a person who, immediately before the commencement, was an employee of the criminal justice commission or the Queensland crime commission— becomes an employee of the commission; and has a right to a salary or wage rate not lower than the person’s salary or wage rate immediately before the commencement.\n(sec.363-ssec.2) To remove any doubt, it is declared that for subsection (1)(a)— a person who, immediately before the commencement was a permanent employee of the criminal justice commission or the Queensland crime commission is taken to be a permanent employee of the commission; and a person who, immediately before the commencement was a temporary employee of the criminal justice commission or the Queensland crime commission is taken to be a temporary employee of the commission; and a person who, immediately before the commencement was a casual employee of the criminal justice commission or the Queensland crime commission is taken to be a temporary employee of the commission on a casual basis.\n(sec.363-ssec.3) This section does not apply to a contract employee.\n- (a) becomes an employee of the commission; and\n- (b) has a right to a salary or wage rate not lower than the person’s salary or wage rate immediately before the commencement.\n- (a) a person who, immediately before the commencement was a permanent employee of the criminal justice commission or the Queensland crime commission is taken to be a permanent employee of the commission; and\n- (b) a person who, immediately before the commencement was a temporary employee of the criminal justice commission or the Queensland crime commission is taken to be a temporary employee of the commission; and\n- (c) a person who, immediately before the commencement was a casual employee of the criminal justice commission or the Queensland crime commission is taken to be a temporary employee of the commission on a casual basis.","sortOrder":757},{"sectionNumber":"sec.364","sectionType":"section","heading":"Right of return to public service","content":"### sec.364 Right of return to public service\n\nThis section applies to a person who, immediately before the commencement was an employee of the crime commission in a permanent or full-time capacity and an officer of the public service.\nThe person is entitled to re-become an officer of the public service if the person elects to re-become an officer of the public service within 1 year after the commencement or any further period that the Minister allows.\nIf the person re-becomes an officer of the public service under subsection (2)—\nthe person’s initial terms of employment must not be less favourable than the terms of employment that applied to the person before the person became employed by the crime commission; and\nfor the purpose of calculating and providing the person’s superannuation and leave entitlements, the person is to be treated as—\nnot having left the public service when the person became employed by the Crime and Misconduct Commission; and\nhaving been an officer of the public service while the person was employed by the Crime and Misconduct Commission.\n(sec.364-ssec.1) This section applies to a person who, immediately before the commencement was an employee of the crime commission in a permanent or full-time capacity and an officer of the public service.\n(sec.364-ssec.2) The person is entitled to re-become an officer of the public service if the person elects to re-become an officer of the public service within 1 year after the commencement or any further period that the Minister allows.\n(sec.364-ssec.3) If the person re-becomes an officer of the public service under subsection (2)— the person’s initial terms of employment must not be less favourable than the terms of employment that applied to the person before the person became employed by the crime commission; and for the purpose of calculating and providing the person’s superannuation and leave entitlements, the person is to be treated as— not having left the public service when the person became employed by the Crime and Misconduct Commission; and having been an officer of the public service while the person was employed by the Crime and Misconduct Commission.\n- (a) the person’s initial terms of employment must not be less favourable than the terms of employment that applied to the person before the person became employed by the crime commission; and\n- (b) for the purpose of calculating and providing the person’s superannuation and leave entitlements, the person is to be treated as— (i) not having left the public service when the person became employed by the Crime and Misconduct Commission; and (ii) having been an officer of the public service while the person was employed by the Crime and Misconduct Commission.\n- (i) not having left the public service when the person became employed by the Crime and Misconduct Commission; and\n- (ii) having been an officer of the public service while the person was employed by the Crime and Misconduct Commission.\n- (i) not having left the public service when the person became employed by the Crime and Misconduct Commission; and\n- (ii) having been an officer of the public service while the person was employed by the Crime and Misconduct Commission.","sortOrder":758},{"sectionNumber":"sec.365","sectionType":"section","heading":"Contract employees","content":"### sec.365 Contract employees\n\nTo remove any doubt, it is declared that on the commencement a contract employee of the criminal justice commission or the Queensland crime commission becomes a contract employee of the commission.\nTo remove any doubt, it is declared that the person’s contract with the criminal justice commission or the Queensland crime commission is a contract with the commission.\n(sec.365-ssec.1) To remove any doubt, it is declared that on the commencement a contract employee of the criminal justice commission or the Queensland crime commission becomes a contract employee of the commission.\n(sec.365-ssec.2) To remove any doubt, it is declared that the person’s contract with the criminal justice commission or the Queensland crime commission is a contract with the commission.","sortOrder":759},{"sectionNumber":"sec.366","sectionType":"section","heading":"Accrued entitlements","content":"### sec.366 Accrued entitlements\n\nA person who becomes an employee of the commission under this part keeps all entitlements to recreation, sick, long service and other leave, superannuation and other benefits accrued by the person, immediately before the commencement, as an employee of the criminal justice commission or the Queensland crime commission.","sortOrder":760},{"sectionNumber":"sec.367","sectionType":"section","heading":"Public interest monitor","content":"### sec.367 Public interest monitor\n\nThe public interest monitor appointed under the repealed Criminal Justice Act 1989 or the repealed Crime Commission Act 1997 is, at the commencement, taken to be the public interest monitor appointed under this Act.","sortOrder":761},{"sectionNumber":"sec.368","sectionType":"section","heading":"Special provisions for transitional office holders","content":"### sec.368 Special provisions for transitional office holders\n\nFor section 247 (3) , a person holding office as a senior officer on the commencement is taken to have started holding office in the commission on the commencement.","sortOrder":762},{"sectionNumber":"sec.369","sectionType":"section","heading":"Provision for selection processes started before the commencement","content":"### sec.369 Provision for selection processes started before the commencement\n\nThis section applies if, before the commencement—\nthe criminal justice commission under the repealed Criminal Justice Act 1989 or the crime commission under the repealed Crime Commission Act 1997 advertised for applications from suitably qualified persons to be considered for selection to the role being advertised; and\nthe selection process had not been finalised.\nThe commission may continue with the selection process and appoint a person to a role as a commission officer that is similar to the role advertised.\n(sec.369-ssec.1) This section applies if, before the commencement— the criminal justice commission under the repealed Criminal Justice Act 1989 or the crime commission under the repealed Crime Commission Act 1997 advertised for applications from suitably qualified persons to be considered for selection to the role being advertised; and the selection process had not been finalised.\n(sec.369-ssec.2) The commission may continue with the selection process and appoint a person to a role as a commission officer that is similar to the role advertised.\n- (a) the criminal justice commission under the repealed Criminal Justice Act 1989 or the crime commission under the repealed Crime Commission Act 1997 advertised for applications from suitably qualified persons to be considered for selection to the role being advertised; and\n- (b) the selection process had not been finalised.","sortOrder":763},{"sectionNumber":"sec.370","sectionType":"section","heading":"Provision for selection processes for roles of chairperson and assistant commissioners","content":"### sec.370 Provision for selection processes for roles of chairperson and assistant commissioners\n\nSection 228 does not apply to the first appointment of a person as the chairperson.\nAlso, an appointment of a person as chairperson or assistant commissioner after the enactment of this Act is not to be taken to be invalid only because action was taken in relation to the filling of the role of chairperson or assistant commissioner before the enactment.\n(sec.370-ssec.1) Section 228 does not apply to the first appointment of a person as the chairperson.\n(sec.370-ssec.2) Also, an appointment of a person as chairperson or assistant commissioner after the enactment of this Act is not to be taken to be invalid only because action was taken in relation to the filling of the role of chairperson or assistant commissioner before the enactment.","sortOrder":764},{"sectionNumber":"sec.371","sectionType":"section","heading":"Warrants","content":"### sec.371 Warrants\n\nA warrant issued under the repealed Criminal Justice Act 1989 or the repealed Crime Commission Act 1997 and in force immediately before the commencement is taken to be a warrant validly issued under this Act and continues in force, subject to any condition or limitation on its issue and with necessary changes.\nThe commission must ensure any recording made or photograph taken under a warrant issued under the repealed Criminal Justice Act 1989 or the repealed Crime Commission Act 1997 or a transcript or copy made from information obtained under the warrant is destroyed as soon as practicable after it is no longer required.\nSubsection (2) does not prevent information or other matter being preserved for any period or indefinitely if, in the chairperson’s opinion, it is relevant to—\nany offence of which someone has been convicted if there is a possibility that an issue about the conviction may arise; or\nan ongoing investigation.\nThe Public Records Act 2002 does not apply to records mentioned in this section.\ns 371 amd 2002 No. 68 s 283 sch 3 ; 2009 No. 13 s 213 sch 5 ; 2014 No. 21 s 94 (1) sch 1\n(sec.371-ssec.1) A warrant issued under the repealed Criminal Justice Act 1989 or the repealed Crime Commission Act 1997 and in force immediately before the commencement is taken to be a warrant validly issued under this Act and continues in force, subject to any condition or limitation on its issue and with necessary changes.\n(sec.371-ssec.2) The commission must ensure any recording made or photograph taken under a warrant issued under the repealed Criminal Justice Act 1989 or the repealed Crime Commission Act 1997 or a transcript or copy made from information obtained under the warrant is destroyed as soon as practicable after it is no longer required.\n(sec.371-ssec.3) Subsection (2) does not prevent information or other matter being preserved for any period or indefinitely if, in the chairperson’s opinion, it is relevant to— any offence of which someone has been convicted if there is a possibility that an issue about the conviction may arise; or an ongoing investigation.\n(sec.371-ssec.4) The Public Records Act 2002 does not apply to records mentioned in this section.\n- (a) any offence of which someone has been convicted if there is a possibility that an issue about the conviction may arise; or\n- (b) an ongoing investigation.","sortOrder":765},{"sectionNumber":"sec.372","sectionType":"section","heading":"Notices","content":"### sec.372 Notices\n\nA notice issued under the repealed Criminal Justice Act 1989 or the repealed Crime Commission Act 1997 and in force immediately before the commencement is taken to be a notice validly issued under this Act and continues in force, with necessary changes.","sortOrder":766},{"sectionNumber":"sec.373","sectionType":"section","heading":"Action taken by parliamentary commissioner","content":"### sec.373 Action taken by parliamentary commissioner\n\nAn action started by the parliamentary commissioner before the commencement but not finished at the commencement may be continued as if the action had been started under this Act and this Act applies accordingly.\nIn this section—\naction means—\nan investigation; or\nan inquiry; or\na review.\n(sec.373-ssec.1) An action started by the parliamentary commissioner before the commencement but not finished at the commencement may be continued as if the action had been started under this Act and this Act applies accordingly.\n(sec.373-ssec.2) In this section— action means— an investigation; or an inquiry; or a review.\n- (a) an investigation; or\n- (b) an inquiry; or\n- (c) a review.","sortOrder":767},{"sectionNumber":"sec.374","sectionType":"section","heading":null,"content":"### Section sec.374\n\ns 374 om 2024 No. 41 s 46","sortOrder":768},{"sectionNumber":"sec.375","sectionType":"section","heading":"Data and records of commission of inquiry","content":"### sec.375 Data and records of commission of inquiry\n\nThis section applies to the commission of inquiry data and records of which the director of the intelligence division under the repealed Criminal Justice Act 1989 assumed possession and control under that repealed Act.\nThe commission must continue possession and control of the data and records and the provisions of the repealed Special Prosecutor Act 1988 , sections 20 and 21 apply, with necessary changes, as if—\nthe commission of inquiry referred to in that Act were the commission; and\nthe chairperson referred to in that Act were the chairperson under this Act.\nIn this section—\ncommission of inquiry data and records means the commission of inquiry data and records mentioned in the repealed Criminal Justice Act 1989 , section 59 .\ns 375 amd 2014 No. 21 s 94 (1) sch 1\n(sec.375-ssec.1) This section applies to the commission of inquiry data and records of which the director of the intelligence division under the repealed Criminal Justice Act 1989 assumed possession and control under that repealed Act.\n(sec.375-ssec.2) The commission must continue possession and control of the data and records and the provisions of the repealed Special Prosecutor Act 1988 , sections 20 and 21 apply, with necessary changes, as if— the commission of inquiry referred to in that Act were the commission; and the chairperson referred to in that Act were the chairperson under this Act.\n(sec.375-ssec.3) In this section— commission of inquiry data and records means the commission of inquiry data and records mentioned in the repealed Criminal Justice Act 1989 , section 59 .\n- (a) the commission of inquiry referred to in that Act were the commission; and\n- (b) the chairperson referred to in that Act were the chairperson under this Act.","sortOrder":769},{"sectionNumber":"sec.375A","sectionType":"section","heading":"Orders made by criminal justice commission or Queensland crime commission","content":"### sec.375A Orders made by criminal justice commission or Queensland crime commission\n\nIt is declared that an order made by the criminal justice commission or a presiding member of a QCC hearing as defined under the repealed Crime Commission Act 1997 before the commencement and in force immediately before the commencement—\ncontinues to have effect after the commencement according to its terms; and\nmay be varied, revoked or otherwise dealt with, and enforced, as if the order had been made by the commission under this Act.\ns 375A ins 2002 No. 68 s 283 sch 3\n- (a) continues to have effect after the commencement according to its terms; and\n- (b) may be varied, revoked or otherwise dealt with, and enforced, as if the order had been made by the commission under this Act.","sortOrder":770},{"sectionNumber":"sec.375B","sectionType":"section","heading":"Confidential material under the Crime Commission Act","content":"### sec.375B Confidential material under the Crime Commission Act\n\nThis section applies if, under section 111 of the repealed Crime Commission Act 1997 , a person could not publish an answer, document, thing or information mentioned in that section without the written consent of the Queensland Crime Commission.\nTo remove any doubt, it is declared that the commission may give written consent to the publication.\ns 375B ins 2002 No. 68 s 283 sch 3\n(sec.375B-ssec.1) This section applies if, under section 111 of the repealed Crime Commission Act 1997 , a person could not publish an answer, document, thing or information mentioned in that section without the written consent of the Queensland Crime Commission.\n(sec.375B-ssec.2) To remove any doubt, it is declared that the commission may give written consent to the publication.","sortOrder":771},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Cross-Border Law Enforcement Legislation Amendment Act 2005","content":"# Cross-Border Law Enforcement Legislation Amendment Act 2005","sortOrder":772},{"sectionNumber":"sec.376","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.376 Definitions for pt 3\n\nIn this part—\namendment Act means the Cross-Border Law Enforcement Legislation Amendment Act 2005 .\napplied provisions means the Police Powers and Responsibilities Act 2000 , chapter 11 , part 2 , as applied by new section 138.\ns 376 def applied provisions amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\ncommencement day means the day on which section 69 of the amendment Act commences.\nexisting approving officer means an approving officer mentioned in former section 262 (2) (b) of the Police Powers and Responsibilities Act 2000 .\nAs previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , section 173 (2) (b) (Application for approval). The reference was changed by 2006 Act No. 26 , sections 84 and 86 .\ns 376 def existing approving officer amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\nexisting controlled operation approval means an approval given by an existing approving officer under former section 266 of the Police Powers and Responsibilities Act 2000 for a controlled operation in relation to a suspected misconduct offence.\nAs previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , section 177 (Consideration and approval of application). The reference was changed by 2006 Act No. 26 , sections 84 and 86 .\ns 376 def existing controlled operation approval amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\nexisting controlled operation urgent approval means an approval for a controlled operation in relation to a suspected misconduct offence given by—\nthe chairperson under former section 264 of the Police Powers and Responsibilities Act 2000 ; or\nan existing approving officer under former section 265 of the Police Powers and Responsibilities Act 2000 .\nAs previously enacted, paragraph (a) referred to the Police Powers and Responsibilities Act 2000 , section 175 (Certain CMC controlled operations). Paragraph (b) referred to the Police Powers and Responsibilities Act 2000 , section 176 (Procedure in urgent circumstances other than if s 175 applies). The references were changed by 2006 Act No. 26 , sections 84 and 86 .\ns 376 def existing controlled operation urgent approval amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\nexisting covert operative means a commission officer or another person who is named in an existing controlled operation approval as a covert operative for the controlled operation to which the approval relates.\nformer , of a provision of the Police Powers and Responsibilities Act 2000 mentioned in this part, means the provision to which the reference relates is a provision of the pre-amended Act.\nnew , of a provision mentioned in this part, means the provision to which the reference relates is a provision of the post-amended Act.\npost-amended Act means this Act as in force from the commencement day,\npre-amended Act means the Police Powers and Responsibilities Act 2000 as in force immediately before the commencement of section 12 of the amendment Act.\ns 376 prev s 376 exp 1 January 2003 (see prev s 376(4))\npres s 376 ins 2005 No. 45 s 72\n- (a) the chairperson under former section 264 of the Police Powers and Responsibilities Act 2000 ; or\n- (b) an existing approving officer under former section 265 of the Police Powers and Responsibilities Act 2000 .","sortOrder":773},{"sectionNumber":"sec.377","sectionType":"section","heading":"Transitional provisions for pre-commencement day referrals to committee","content":"### sec.377 Transitional provisions for pre-commencement day referrals to committee\n\nA referred application that was not considered by the committee under former chapter 10, part 2, division 2 of the Police Powers and Responsibilities Act 2000 may continue to be considered by the committee under the applied provisions.\nIn this section—\nreferred application means an application for either of the following that was referred to the committee by an approving officer under former chapter 10, part 2, division 2 of the Police Powers and Responsibilities Act 2000—\napproval to conduct a controlled operation in relation to a suspected misconduct offence;\nvariation of an approval to conduct a controlled operation in relation to a suspected misconduct offence.\nAs previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , chapter 5 (Controlled operations and controlled activities), part 2 (Controlled operations), division 2 (Committee’s functions and business). The reference was changed by 2006 Act No. 26, sections 84 and 86.\ns 377 prev s 377 exp 15 January 2002 (see prev s 377(3))\npres s 377 ins 2005 No. 45 s 72\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.377-ssec.1) A referred application that was not considered by the committee under former chapter 10, part 2, division 2 of the Police Powers and Responsibilities Act 2000 may continue to be considered by the committee under the applied provisions.\n(sec.377-ssec.2) In this section— referred application means an application for either of the following that was referred to the committee by an approving officer under former chapter 10, part 2, division 2 of the Police Powers and Responsibilities Act 2000— approval to conduct a controlled operation in relation to a suspected misconduct offence; variation of an approval to conduct a controlled operation in relation to a suspected misconduct offence. As previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , chapter 5 (Controlled operations and controlled activities), part 2 (Controlled operations), division 2 (Committee’s functions and business). The reference was changed by 2006 Act No. 26, sections 84 and 86.\n- (a) approval to conduct a controlled operation in relation to a suspected misconduct offence;\n- (b) variation of an approval to conduct a controlled operation in relation to a suspected misconduct offence.","sortOrder":774},{"sectionNumber":"sec.378","sectionType":"section","heading":"Transitional provisions for controlled operations","content":"### sec.378 Transitional provisions for controlled operations\n\nAn existing controlled operation approval that was in force immediately before the commencement day and relates to a suspected misconduct offence continues in force from that day in accordance with its terms as if it were an approval given under new section 143.\nAn existing controlled operation urgent approval that was in force immediately before the commencement day and relates to a suspected misconduct offence continues in force from that day in accordance with its terms as if it were an urgent approval given under new section 143.\ns 378 ins 2005 No. 45 s 72\n(sec.378-ssec.1) An existing controlled operation approval that was in force immediately before the commencement day and relates to a suspected misconduct offence continues in force from that day in accordance with its terms as if it were an approval given under new section 143.\n(sec.378-ssec.2) An existing controlled operation urgent approval that was in force immediately before the commencement day and relates to a suspected misconduct offence continues in force from that day in accordance with its terms as if it were an urgent approval given under new section 143.","sortOrder":775},{"sectionNumber":"sec.379","sectionType":"section","heading":"Transitional provision for pre-commencement day recommendations","content":"### sec.379 Transitional provision for pre-commencement day recommendations\n\nA recommendation made by the committee under former chapter 10, part 2, division 2 of the Police Powers and Responsibilities Act 2000 and not acted upon before the commencement day is taken, for this Act, to be a recommendation made by the committee under the applied provisions.\nAs previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , chapter 5 (Controlled operations and controlled activities), part 2 (Controlled operations), division 2 (Committee’s functions and business). The reference was changed by 2006 Act No. 26, sections 84 and 86.\ns 379 ins 2005 No. 45 s 72\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )","sortOrder":776},{"sectionNumber":"sec.380","sectionType":"section","heading":"Transitional provision for covert operatives","content":"### sec.380 Transitional provision for covert operatives\n\nA person named as a covert operative in an existing controlled operation approval continued in force under section 378 is taken, for this Act, to be a covert operative named in an approval given under this Act.\ns 380 ins 2005 No. 45 s 72","sortOrder":777},{"sectionNumber":"sec.381","sectionType":"section","heading":"Transitional provisions for authorities for birth certificates","content":"### sec.381 Transitional provisions for authorities for birth certificates\n\nThis section applies to an authority given under former section 275 of the Police Powers and Responsibilities Act 2000 to create a birth certificate to help conceal the identity of a covert operative for a controlled operation relating to a suspected misconduct offence.\nAs previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , section 186 (Request for issue of document to conceal identity—general). The reference was changed by 2006 Act No. 26, sections 84 and 86.\nThe authority continues in force as a birth certificate approval.\nA birth certificate created in accordance with an authority continued in force under subsection (2)—\nis taken to have been created under new section 146Z; and\nmay continue to be used for the purpose for which it was created.\nAlso, new section 146ZG applies in relation to the creation of the birth certificate as if the birth certificate had been created under new section 146Z.\ns 381 ins 2005 No. 45 s 72\namd 2006 No. 26 s 94 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.381-ssec.1) This section applies to an authority given under former section 275 of the Police Powers and Responsibilities Act 2000 to create a birth certificate to help conceal the identity of a covert operative for a controlled operation relating to a suspected misconduct offence. As previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , section 186 (Request for issue of document to conceal identity—general). The reference was changed by 2006 Act No. 26, sections 84 and 86.\n(sec.381-ssec.2) The authority continues in force as a birth certificate approval.\n(sec.381-ssec.3) A birth certificate created in accordance with an authority continued in force under subsection (2)— is taken to have been created under new section 146Z; and may continue to be used for the purpose for which it was created.\n(sec.381-ssec.4) Also, new section 146ZG applies in relation to the creation of the birth certificate as if the birth certificate had been created under new section 146Z.\n- (a) is taken to have been created under new section 146Z; and\n- (b) may continue to be used for the purpose for which it was created.","sortOrder":778},{"sectionNumber":"sec.382","sectionType":"section","heading":"Identity documents other than birth certificates","content":"### sec.382 Identity documents other than birth certificates\n\nThis section applies to a document created in accordance with former section 279 of the Police Powers and Responsibilities Act 2000 in relation to a controlled operation relating to a suspected misconduct offence.\nAs previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , section 189 (Special provisions about concealing identities of covert operatives). The reference was changed by 2006 Act No. 26, sections 84 and 86.\nNew sections 146ZF, 146ZH and 146ZI apply to the document as if it had been produced under a request under section 146ZB.\ns 382 ins 2005 No. 45 s 72\namd 2006 No. 26 s 95 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.382-ssec.1) This section applies to a document created in accordance with former section 279 of the Police Powers and Responsibilities Act 2000 in relation to a controlled operation relating to a suspected misconduct offence. As previously enacted, this was a reference to the Police Powers and Responsibilities Act 2000 , section 189 (Special provisions about concealing identities of covert operatives). The reference was changed by 2006 Act No. 26, sections 84 and 86.\n(sec.382-ssec.2) New sections 146ZF, 146ZH and 146ZI apply to the document as if it had been produced under a request under section 146ZB.","sortOrder":779},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Crime and Misconduct and Other Legislation Amendment Act 2006","content":"# Crime and Misconduct and Other Legislation Amendment Act 2006","sortOrder":780},{"sectionNumber":"sec.383","sectionType":"section","heading":"Declaration about repeal of Cross-Border Law Enforcement Legislation Amendment Act 2005 , s 73 (3)","content":"### sec.383 Declaration about repeal of Cross-Border Law Enforcement Legislation Amendment Act 2005 , s 73 (3)\n\nThis section applies if the Crime and Misconduct provision has effect before the Cross-Border provision has effect.\nThe Cross-Border provision is repealed when the Crime and Misconduct provision has effect.\nIn this section—\nCrime and Misconduct provision means the Crime and Misconduct and Other Legislation Amendment Act 2006 , section 34 (2) , to the extent it inserts the definition commission officer .\nCross-Border provision means the Cross-Border Law Enforcement Legislation Amendment Act 2005 , section 73 (3) .\ns 383 ins 2006 No. 41 s 35\n(sec.383-ssec.1) This section applies if the Crime and Misconduct provision has effect before the Cross-Border provision has effect.\n(sec.383-ssec.2) The Cross-Border provision is repealed when the Crime and Misconduct provision has effect.\n(sec.383-ssec.3) In this section— Crime and Misconduct provision means the Crime and Misconduct and Other Legislation Amendment Act 2006 , section 34 (2) , to the extent it inserts the definition commission officer . Cross-Border provision means the Cross-Border Law Enforcement Legislation Amendment Act 2005 , section 73 (3) .","sortOrder":781},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Justice Legislation Amendment Act 2008","content":"# Justice Legislation Amendment Act 2008","sortOrder":782},{"sectionNumber":"sec.384","sectionType":"section","heading":"Declaration about local governments and joint local governments","content":"### sec.384 Declaration about local governments and joint local governments\n\nThis section applies for the period of the administration of this Act until the commencement of the Justice Legislation Amendment Act 2008 , section 53 .\nTo remove any doubt and to remove the necessity for proof of the funding of local governments and joint local governments, it is declared that every local government and joint local government has always been and, despite the Local Government Act 1993 , sections 34 (3) and 49 (4) , continued to be a unit of public administration for this Act.\n(sec.384-ssec.1) This section applies for the period of the administration of this Act until the commencement of the Justice Legislation Amendment Act 2008 , section 53 .\n(sec.384-ssec.2) To remove any doubt and to remove the necessity for proof of the funding of local governments and joint local governments, it is declared that every local government and joint local government has always been and, despite the Local Government Act 1993 , sections 34 (3) and 49 (4) , continued to be a unit of public administration for this Act.","sortOrder":783},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Criminal Code and Jury and Another Act Amendment Act 2008","content":"# Criminal Code and Jury and Another Act Amendment Act 2008","sortOrder":784},{"sectionNumber":"sec.385","sectionType":"section","heading":"Declaration","content":"### sec.385 Declaration\n\nIt is declared that, from the commencement, a witness at a misconduct hearing was not entitled to refuse to answer a question on the ground of the self-incrimination privilege or on the ground of confidentiality.\nWithout limiting subsection (1), it is declared that from the commencement—\nit has always been and continues to be lawful for the presiding officer at a misconduct hearing to require an individual to answer a question after that individual has made a claim on the ground of the self-incrimination privilege in relation to an answer; and\nit has always been and continues to be lawful for the presiding officer at a misconduct hearing, in response to a claim on the ground of the self-incrimination privilege made by an individual in relation to an answer, to make an order that all answers or a class of answer given by the individual are to be regarded as having been given or produced on objection on the ground of the self-incrimination privilege; and\nit has always been and continues to be lawful for the presiding officer at a misconduct hearing to require an individual to answer all questions or a class of question after the presiding officer has made an order that all answers or a class of answer given by the individual are to be regarded as having been given or produced on objection on the ground of the self-incrimination privilege; and\nany answer given by an individual giving evidence at a misconduct hearing who has been directed to answer a question after a claim been made on the ground of the self-incrimination privilege in relation to that answer, has always been and continues to be admissible in any proceeding about—\nthe falsity or misleading nature of an answer, document, thing or statement given or produced by the individual; or\nan offence against this Act; or\na contempt of a person conducting the hearing.\nIn this section—\ncommencement means the commencement of section 192 on 1 January 2002.\nmisconduct hearing means a commission hearing in the context of a misconduct investigation.\ns 385 ins 2008 No. 50 s 12\n(sec.385-ssec.1) It is declared that, from the commencement, a witness at a misconduct hearing was not entitled to refuse to answer a question on the ground of the self-incrimination privilege or on the ground of confidentiality.\n(sec.385-ssec.2) Without limiting subsection (1), it is declared that from the commencement— it has always been and continues to be lawful for the presiding officer at a misconduct hearing to require an individual to answer a question after that individual has made a claim on the ground of the self-incrimination privilege in relation to an answer; and it has always been and continues to be lawful for the presiding officer at a misconduct hearing, in response to a claim on the ground of the self-incrimination privilege made by an individual in relation to an answer, to make an order that all answers or a class of answer given by the individual are to be regarded as having been given or produced on objection on the ground of the self-incrimination privilege; and it has always been and continues to be lawful for the presiding officer at a misconduct hearing to require an individual to answer all questions or a class of question after the presiding officer has made an order that all answers or a class of answer given by the individual are to be regarded as having been given or produced on objection on the ground of the self-incrimination privilege; and any answer given by an individual giving evidence at a misconduct hearing who has been directed to answer a question after a claim been made on the ground of the self-incrimination privilege in relation to that answer, has always been and continues to be admissible in any proceeding about— the falsity or misleading nature of an answer, document, thing or statement given or produced by the individual; or an offence against this Act; or a contempt of a person conducting the hearing.\n(sec.385-ssec.3) In this section— commencement means the commencement of section 192 on 1 January 2002. misconduct hearing means a commission hearing in the context of a misconduct investigation.\n- (a) it has always been and continues to be lawful for the presiding officer at a misconduct hearing to require an individual to answer a question after that individual has made a claim on the ground of the self-incrimination privilege in relation to an answer; and\n- (b) it has always been and continues to be lawful for the presiding officer at a misconduct hearing, in response to a claim on the ground of the self-incrimination privilege made by an individual in relation to an answer, to make an order that all answers or a class of answer given by the individual are to be regarded as having been given or produced on objection on the ground of the self-incrimination privilege; and\n- (c) it has always been and continues to be lawful for the presiding officer at a misconduct hearing to require an individual to answer all questions or a class of question after the presiding officer has made an order that all answers or a class of answer given by the individual are to be regarded as having been given or produced on objection on the ground of the self-incrimination privilege; and\n- (d) any answer given by an individual giving evidence at a misconduct hearing who has been directed to answer a question after a claim been made on the ground of the self-incrimination privilege in relation to that answer, has always been and continues to be admissible in any proceeding about— (i) the falsity or misleading nature of an answer, document, thing or statement given or produced by the individual; or (ii) an offence against this Act; or (iii) a contempt of a person conducting the hearing.\n- (i) the falsity or misleading nature of an answer, document, thing or statement given or produced by the individual; or\n- (ii) an offence against this Act; or\n- (iii) a contempt of a person conducting the hearing.\n- (i) the falsity or misleading nature of an answer, document, thing or statement given or produced by the individual; or\n- (ii) an offence against this Act; or\n- (iii) a contempt of a person conducting the hearing.","sortOrder":785},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Crime and Misconduct Amendment Act 2009","content":"# Crime and Misconduct Amendment Act 2009","sortOrder":786},{"sectionNumber":"sec.386","sectionType":"section","heading":"Validation of referrals","content":"### sec.386 Validation of referrals\n\nUntil the commencement of this part—\na referral or purported referral to the crime commission by the management committee under the repealed Crime Commission Act 1997 is taken to be, and to have always been, a validly made referral; and\nsection 355(1) is taken to be, and to have always been, effective to declare each referral or purported referral mentioned in paragraph (a) to be a validly made referral of major crime to the commission by the reference committee under this Act; and\na referral or purported referral of major crime to the commission by the reference committee under this Act is taken to be, and to have always been, a validly made referral.\ns 386 ins 2009 No. 12 s 14\n- (a) a referral or purported referral to the crime commission by the management committee under the repealed Crime Commission Act 1997 is taken to be, and to have always been, a validly made referral; and\n- (b) section 355(1) is taken to be, and to have always been, effective to declare each referral or purported referral mentioned in paragraph (a) to be a validly made referral of major crime to the commission by the reference committee under this Act; and\n- (c) a referral or purported referral of major crime to the commission by the reference committee under this Act is taken to be, and to have always been, a validly made referral.","sortOrder":787},{"sectionNumber":"sec.387","sectionType":"section","heading":"Declaration","content":"### sec.387 Declaration\n\nOn the commencement of this part, a referral or purported referral to which section 386 applies is taken to be—\nto the extent the referral identified a particular incident of major crime to be investigated by the commission—a specific referral by the reference committee to the commission under section 27; or\nto the extent the referral otherwise identified major crime to be investigated by the commission—a general referral by the reference committee to the commission under section 27.\ns 387 ins 2009 No. 12 s 14\n- (a) to the extent the referral identified a particular incident of major crime to be investigated by the commission—a specific referral by the reference committee to the commission under section 27; or\n- (b) to the extent the referral otherwise identified major crime to be investigated by the commission—a general referral by the reference committee to the commission under section 27.","sortOrder":788},{"sectionNumber":"sec.388","sectionType":"section","heading":"Preservation of limitations and amendments","content":"### sec.388 Preservation of limitations and amendments\n\nA referral or purported referral to which section 386 or 387 applies is subject to—\nfor a referral or purported referral to the crime commission by the management committee under the repealed Crime Commission Act 1997 —any limitations imposed by the management committee under the repealed Crime Commission Act 1997 ; and\nfor a referral or purported referral declared under section 355(1) to be a referral of major crime to the commission by the reference committee under this Act—any amendment, or purported amendment, under section 30 or otherwise, of the terms of the referral by the reference committee; and\nfor a referral or purported referral of major crime to the commission by the reference committee under this Act—any amendment, or purported amendment, under section 30 or otherwise, of the terms of the referral by the reference committee.\ns 388 ins 2009 No. 12 s 14\n- (a) for a referral or purported referral to the crime commission by the management committee under the repealed Crime Commission Act 1997 —any limitations imposed by the management committee under the repealed Crime Commission Act 1997 ; and\n- (b) for a referral or purported referral declared under section 355(1) to be a referral of major crime to the commission by the reference committee under this Act—any amendment, or purported amendment, under section 30 or otherwise, of the terms of the referral by the reference committee; and\n- (c) for a referral or purported referral of major crime to the commission by the reference committee under this Act—any amendment, or purported amendment, under section 30 or otherwise, of the terms of the referral by the reference committee.","sortOrder":789},{"sectionNumber":"sec.389","sectionType":"section","heading":"Validation of crime investigations","content":"### sec.389 Validation of crime investigations\n\nA crime investigation conducted, or being conducted, under a referral or purported referral to which section 386 or 387 applies is taken to be, and to have always been, as valid as if it were a crime investigation conducted, or being conducted, under a referral by the reference committee to the commission under section 27.\nSubsection (1) does not limit the effect of a validation under section 386 or 387.\ns 389 ins 2009 No. 12 s 14\n(sec.389-ssec.1) A crime investigation conducted, or being conducted, under a referral or purported referral to which section 386 or 387 applies is taken to be, and to have always been, as valid as if it were a crime investigation conducted, or being conducted, under a referral by the reference committee to the commission under section 27.\n(sec.389-ssec.2) Subsection (1) does not limit the effect of a validation under section 386 or 387.","sortOrder":790},{"sectionNumber":"sec.390","sectionType":"section","heading":"Validation of use of information or evidence obtained by crime investigations conducted under referrals","content":"### sec.390 Validation of use of information or evidence obtained by crime investigations conducted under referrals\n\nThe use of information or evidence obtained by a crime investigation conducted, or being conducted, under a referral or purported referral to which section 386 or 387 applies, for a purpose mentioned in subsection (2), is taken to be, and to have always have been, as valid as if the information or evidence were obtained by a crime investigation conducted, or being conducted, under a referral by the reference committee to the commission under section 27.\nThe purposes are—\nthe performance of a function of the crime commission under the repealed Crime Commission Act 1997 ; or\nthe performance of a function of the commission under this Act; or\nthe performance of a function of any law enforcement agency or prosecuting authority to which the information or evidence—\nhas been directly or indirectly provided by the crime commission mentioned in paragraph (a) under the repealed Crime Commission Act 1997 ; or\nhas been or is provided directly or indirectly by the commission under this Act.\nSubsection (1) does not limit the effect of a validation under section 386 or 387.\ns 390 ins 2009 No. 12 s 14\n(sec.390-ssec.1) The use of information or evidence obtained by a crime investigation conducted, or being conducted, under a referral or purported referral to which section 386 or 387 applies, for a purpose mentioned in subsection (2), is taken to be, and to have always have been, as valid as if the information or evidence were obtained by a crime investigation conducted, or being conducted, under a referral by the reference committee to the commission under section 27.\n(sec.390-ssec.2) The purposes are— the performance of a function of the crime commission under the repealed Crime Commission Act 1997 ; or the performance of a function of the commission under this Act; or the performance of a function of any law enforcement agency or prosecuting authority to which the information or evidence— has been directly or indirectly provided by the crime commission mentioned in paragraph (a) under the repealed Crime Commission Act 1997 ; or has been or is provided directly or indirectly by the commission under this Act.\n(sec.390-ssec.3) Subsection (1) does not limit the effect of a validation under section 386 or 387.\n- (a) the performance of a function of the crime commission under the repealed Crime Commission Act 1997 ; or\n- (b) the performance of a function of the commission under this Act; or\n- (c) the performance of a function of any law enforcement agency or prosecuting authority to which the information or evidence— (i) has been directly or indirectly provided by the crime commission mentioned in paragraph (a) under the repealed Crime Commission Act 1997 ; or (ii) has been or is provided directly or indirectly by the commission under this Act.\n- (i) has been directly or indirectly provided by the crime commission mentioned in paragraph (a) under the repealed Crime Commission Act 1997 ; or\n- (ii) has been or is provided directly or indirectly by the commission under this Act.\n- (i) has been directly or indirectly provided by the crime commission mentioned in paragraph (a) under the repealed Crime Commission Act 1997 ; or\n- (ii) has been or is provided directly or indirectly by the commission under this Act.","sortOrder":791},{"sectionNumber":"sec.391","sectionType":"section","heading":"Review and lapsing of general referrals","content":"### sec.391 Review and lapsing of general referrals\n\nThis section applies to a referral that, under section 387(b), is taken to be a general referral on the commencement of this part.\nThe reference committee is to review the referral within a period of 2 years from the commencement.\nSection 30A(2) to (5) applies to the review.\nIf the reference committee has not acted under section 30A(5) on the review before the end of the period of 2 years mentioned in subsection (2), the referral lapses.\nIf the reference committee confirms the referral, section 30A applies to the referral for the purpose of its future review and lapsing as if it were made on the day it was confirmed.\ns 391 ins 2009 No. 12 s 14\n(sec.391-ssec.1) This section applies to a referral that, under section 387(b), is taken to be a general referral on the commencement of this part.\n(sec.391-ssec.2) The reference committee is to review the referral within a period of 2 years from the commencement.\n(sec.391-ssec.3) Section 30A(2) to (5) applies to the review.\n(sec.391-ssec.4) If the reference committee has not acted under section 30A(5) on the review before the end of the period of 2 years mentioned in subsection (2), the referral lapses.\n(sec.391-ssec.5) If the reference committee confirms the referral, section 30A applies to the referral for the purpose of its future review and lapsing as if it were made on the day it was confirmed.","sortOrder":792},{"sectionNumber":"ch.8-pt.8","sectionType":"part","heading":"Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009","content":"# Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009","sortOrder":793},{"sectionNumber":"sec.392","sectionType":"section","heading":"Transitional provision for prescribed person","content":"### sec.392 Transitional provision for prescribed person\n\nFor section 50(5), definition prescribed person , paragraph (a)(ii) or (b)(ii) of the definition only applies to a person whose employment or appointment ends after the commencement of this section.\ns 392 ins 2009 No. 25 s 54","sortOrder":794},{"sectionNumber":"ch.8-pt.9","sectionType":"part","heading":"Directors’ Liability Reform Amendment Act 2013","content":"# Directors’ Liability Reform Amendment Act 2013","sortOrder":795},{"sectionNumber":"sec.393","sectionType":"section","heading":"Provision relating to s 346A","content":"### sec.393 Provision relating to s 346A\n\nIt is declared that section 346A(2) as in force before the commencement of this section did not, and does not, apply to the copying, use, disclosure or giving access by a person as mentioned in section 346A(3)(d), (e) or (f).\ns 393 ins 2013 No. 51 s 228E","sortOrder":796},{"sectionNumber":"sec.394","sectionType":"section","heading":"Provision relating to s 375","content":"### sec.394 Provision relating to s 375\n\nIt is declared that section 375 did not, and does not, limit the operation of, or anything done under, the Public Records Act 2002 in relation to inquiry public records.\nFor subsection (1), section 375 is subject to an authorisation mentioned in section 62(1) relating to inquiry public records.\nIn this section—\ninquiry public records see section 346B.\ns 394 ins 2013 No. 51 s 228E\n(sec.394-ssec.1) It is declared that section 375 did not, and does not, limit the operation of, or anything done under, the Public Records Act 2002 in relation to inquiry public records.\n(sec.394-ssec.2) For subsection (1), section 375 is subject to an authorisation mentioned in section 62(1) relating to inquiry public records.\n(sec.394-ssec.3) In this section— inquiry public records see section 346B.","sortOrder":797},{"sectionNumber":"ch.8-pt.10","sectionType":"part","heading":"Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013","content":"# Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013","sortOrder":798},{"sectionNumber":"sec.395","sectionType":"section","heading":"Use of privileged answers, documents, things or statements in proceedings under Confiscation Act","content":"### sec.395 Use of privileged answers, documents, things or statements in proceedings under Confiscation Act\n\nSection 197(3)(c) as in force on and from 17 October 2013—\napplies, and is taken to have always applied, only to an answer, document, thing or statement given or produced on or after that day; and\nauthorises the use of an answer, document, thing or statement only in a proceeding under the Confiscation Act started on or after that day; and\napplies, and is taken to have always applied, as if the provision as amended by the amending Act, and section 265 of the Confiscation Act as inserted by the amending Act, were in force from the beginning of that day.\n17 October 2013 is the day section 197(3)(c) was inserted into this Act by the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 , section 27 .\nFor subsection (1) , section 265 of the Confiscation Act as inserted by the amending Act applies, and is taken to have always applied, in relation to an answer, document, thing or statement mentioned in subsection (1)(a) and a proceeding mentioned in subsection (1)(b).\nIn this section—\namending Act means the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 .\ns 395 ins 2013 No. 64 s 45\n(sec.395-ssec.1) Section 197(3)(c) as in force on and from 17 October 2013— applies, and is taken to have always applied, only to an answer, document, thing or statement given or produced on or after that day; and authorises the use of an answer, document, thing or statement only in a proceeding under the Confiscation Act started on or after that day; and applies, and is taken to have always applied, as if the provision as amended by the amending Act, and section 265 of the Confiscation Act as inserted by the amending Act, were in force from the beginning of that day. 17 October 2013 is the day section 197(3)(c) was inserted into this Act by the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 , section 27 .\n(sec.395-ssec.2) For subsection (1) , section 265 of the Confiscation Act as inserted by the amending Act applies, and is taken to have always applied, in relation to an answer, document, thing or statement mentioned in subsection (1)(a) and a proceeding mentioned in subsection (1)(b).\n(sec.395-ssec.3) In this section— amending Act means the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 .\n- (a) applies, and is taken to have always applied, only to an answer, document, thing or statement given or produced on or after that day; and\n- (b) authorises the use of an answer, document, thing or statement only in a proceeding under the Confiscation Act started on or after that day; and\n- (c) applies, and is taken to have always applied, as if the provision as amended by the amending Act, and section 265 of the Confiscation Act as inserted by the amending Act, were in force from the beginning of that day. Note— 17 October 2013 is the day section 197(3)(c) was inserted into this Act by the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 , section 27 .","sortOrder":799},{"sectionNumber":"ch.8-pt.11","sectionType":"part","heading":"Crime and Misconduct and Other Legislation Amendment Act 2014","content":"# Crime and Misconduct and Other Legislation Amendment Act 2014","sortOrder":800},{"sectionNumber":"ch.8-pt.11-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":801},{"sectionNumber":"sec.396","sectionType":"section","heading":"Definitions for pt 11","content":"### sec.396 Definitions for pt 11\n\nIn this part—\namendment Act means the Crime and Misconduct and Other Legislation Amendment Act 2014 .\ncommencement day means the day divisions 3 to 7 of this part, as inserted by the amendment Act, commence.\ns 396 ins 2014 No. 21 s 80 (retro)","sortOrder":802},{"sectionNumber":"ch.8-pt.11-div.2","sectionType":"division","heading":"Continuing particular appointments until the commencement day","content":"## Continuing particular appointments until the commencement day","sortOrder":803},{"sectionNumber":"sec.397","sectionType":"section","heading":"Acting chairperson","content":"### sec.397 Acting chairperson\n\nThis section applies to a person who holds an appointment to act as the chairperson of the commission on the day this section commences.\nThe person’s appointment to act as the chairperson of the commission continues until, and only until, the commencement day on the same terms and conditions (other than the duration of the appointment).\nSubsection (2) stops applying if the person’s appointment is terminated or otherwise ends under this Act or the terms and conditions applying to the person’s appointment under the subsection.\nThis section applies despite the Acts Interpretation Act 1954 , section 24B (5) .\ns 397 ins 2014 No. 21 s 80 (retro)\n(sec.397-ssec.1) This section applies to a person who holds an appointment to act as the chairperson of the commission on the day this section commences.\n(sec.397-ssec.2) The person’s appointment to act as the chairperson of the commission continues until, and only until, the commencement day on the same terms and conditions (other than the duration of the appointment).\n(sec.397-ssec.3) Subsection (2) stops applying if the person’s appointment is terminated or otherwise ends under this Act or the terms and conditions applying to the person’s appointment under the subsection.\n(sec.397-ssec.4) This section applies despite the Acts Interpretation Act 1954 , section 24B (5) .","sortOrder":804},{"sectionNumber":"sec.398","sectionType":"section","heading":"Part-time commissioners and acting part-time commissioners","content":"### sec.398 Part-time commissioners and acting part-time commissioners\n\nThis section applies to a person who holds a part-time commissioner appointment on the day this section commences.\nThe person’s part-time commissioner appointment continues until, and only until, the commencement day on the same terms and conditions (other than the duration of the appointment).\nSubsection (2) stops applying if the person’s appointment is terminated or otherwise ends under this Act or the terms and conditions applying to the person’s appointment under the subsection.\nIn this section—\npart-time commissioner appointment means an appointment—\nas a part-time commissioner; or\nto act as a part-time commissioner.\ns 398 ins 2014 No. 21 s 80 (retro)\n(sec.398-ssec.1) This section applies to a person who holds a part-time commissioner appointment on the day this section commences.\n(sec.398-ssec.2) The person’s part-time commissioner appointment continues until, and only until, the commencement day on the same terms and conditions (other than the duration of the appointment).\n(sec.398-ssec.3) Subsection (2) stops applying if the person’s appointment is terminated or otherwise ends under this Act or the terms and conditions applying to the person’s appointment under the subsection.\n(sec.398-ssec.4) In this section— part-time commissioner appointment means an appointment— as a part-time commissioner; or to act as a part-time commissioner.\n- (a) as a part-time commissioner; or\n- (b) to act as a part-time commissioner.","sortOrder":805},{"sectionNumber":"sec.399","sectionType":"section","heading":"Declaration for continued appointments","content":"### sec.399 Declaration for continued appointments\n\nThis section applies if the amendment Act is assented to after the day that a person’s appointment to act as the chairperson, as a part-time commissioner, or to act as a part-time commissioner, would have ended but for section 397 or 398.\nFor this Act, the person’s appointment is declared to always have been validly extended for the relevant period.\nAnything done or omitted to be done by the person during the relevant period that would have been valid and lawful under this Act had the person’s appointment been validly extended for the relevant period is declared to always have been valid and lawful.\nSubsection (3) applies for all purposes, including a proceeding decided before, or started before or after, the relevant period ends.\nIn this section—\nproceeding means—\nan investigation or hearing under this Act; or\na civil or criminal proceeding.\nrelevant period , for a person appointed to act as the chairperson, as a part-time commissioner or to act as a part-time commissioner, means the period between—\nwhen the person’s appointment would have ended but for section 397 or 398; and\nthe day the amendment Act is assented to.\ns 399 ins 2014 No. 21 s 80 (retro)\n(sec.399-ssec.1) This section applies if the amendment Act is assented to after the day that a person’s appointment to act as the chairperson, as a part-time commissioner, or to act as a part-time commissioner, would have ended but for section 397 or 398.\n(sec.399-ssec.2) For this Act, the person’s appointment is declared to always have been validly extended for the relevant period.\n(sec.399-ssec.3) Anything done or omitted to be done by the person during the relevant period that would have been valid and lawful under this Act had the person’s appointment been validly extended for the relevant period is declared to always have been valid and lawful.\n(sec.399-ssec.4) Subsection (3) applies for all purposes, including a proceeding decided before, or started before or after, the relevant period ends.\n(sec.399-ssec.5) In this section— proceeding means— an investigation or hearing under this Act; or a civil or criminal proceeding. relevant period , for a person appointed to act as the chairperson, as a part-time commissioner or to act as a part-time commissioner, means the period between— when the person’s appointment would have ended but for section 397 or 398; and the day the amendment Act is assented to.\n- (a) an investigation or hearing under this Act; or\n- (b) a civil or criminal proceeding.\n- (a) when the person’s appointment would have ended but for section 397 or 398; and\n- (b) the day the amendment Act is assented to.","sortOrder":806},{"sectionNumber":"ch.8-pt.11-div.3","sectionType":"division","heading":"General","content":"## General","sortOrder":807},{"sectionNumber":"sec.400","sectionType":"section","heading":"References to Crime and Misconduct Act 2001 and particular terms","content":"### sec.400 References to Crime and Misconduct Act 2001 and particular terms\n\nIn an instrument, if the context permits—\na reference to the Crime and Misconduct Act 2001 may be taken to be a reference to the Crime and Corruption Act 2001 ; and\na reference to misconduct within the meaning given by the Crime and Misconduct Act 2001 may be taken to be a reference to corruption within the meaning given by the Crime and Corruption Act 2001 ; and\na reference to official misconduct within the meaning given by the Crime and Misconduct Act 2001 may be taken to be a reference to corrupt conduct within the meaning given by the Crime and Corruption Act 2001 .\ns 400 ins 2014 No. 21 s 81\n- (a) a reference to the Crime and Misconduct Act 2001 may be taken to be a reference to the Crime and Corruption Act 2001 ; and\n- (b) a reference to misconduct within the meaning given by the Crime and Misconduct Act 2001 may be taken to be a reference to corruption within the meaning given by the Crime and Corruption Act 2001 ; and\n- (c) a reference to official misconduct within the meaning given by the Crime and Misconduct Act 2001 may be taken to be a reference to corrupt conduct within the meaning given by the Crime and Corruption Act 2001 .","sortOrder":808},{"sectionNumber":"sec.401","sectionType":"section","heading":"References to former titles","content":"### sec.401 References to former titles\n\nIn an instrument, a reference in column 1 of the following table may, if the context permits, be taken to be the corresponding reference in column 2 of the table.\nProvision\nCommission officer\ncrime and misconduct commission\ncrime and corruption commission\nchairperson of the crime and misconduct commission\nchairman of the crime and corruption commission\nassistant commissioner, crime\nsenior executive officer (crime)\nassistant commissioner, misconduct\nsenior executive officer (corruption)\nparliamentary crime and misconduct commissioner\nparliamentary crime and corruption commissioner\nparliamentary crime and misconduct committee\nparliamentary crime and corruption committee\nSubsection (3) applies if a reference in column 2 of the table in section 351(2) is also a reference in column 1 of the table in subsection (1) of this section.\nFrom the commencement day, if the context permits, section 351(2) applies as if the reference in column 2 of the table in section 351(2) were the corresponding reference in column 2 of the table in subsection (1) of this section.\ns 401 ins 2014 No. 21 s 81\n(sec.401-ssec.1) In an instrument, a reference in column 1 of the following table may, if the context permits, be taken to be the corresponding reference in column 2 of the table. Provision Commission officer crime and misconduct commission crime and corruption commission chairperson of the crime and misconduct commission chairman of the crime and corruption commission assistant commissioner, crime senior executive officer (crime) assistant commissioner, misconduct senior executive officer (corruption) parliamentary crime and misconduct commissioner parliamentary crime and corruption commissioner parliamentary crime and misconduct committee parliamentary crime and corruption committee\n(sec.401-ssec.2) Subsection (3) applies if a reference in column 2 of the table in section 351(2) is also a reference in column 1 of the table in subsection (1) of this section.\n(sec.401-ssec.3) From the commencement day, if the context permits, section 351(2) applies as if the reference in column 2 of the table in section 351(2) were the corresponding reference in column 2 of the table in subsection (1) of this section.","sortOrder":809},{"sectionNumber":"ch.8-pt.11-div.4","sectionType":"division","heading":"Commissioners from commencement day","content":"## Commissioners from commencement day","sortOrder":810},{"sectionNumber":"sec.402","sectionType":"section","heading":"Acting chairperson","content":"### sec.402 Acting chairperson\n\nThis section applies to a person who, immediately before the commencement day, holds an appointment to act as the chairperson of the commission.\nSee section 397 in relation to the continuation of the person’s appointment to act as the chairperson until the commencement day.\nThe person is appointed to act as the chairman of the commission—\nfrom the start of the commencement day; and\nuntil the earlier of the following—\n31 October 2014;\nthe day a person’s appointment as chairman under section 229 takes effect.\nThe person’s appointment and employment to act as the chairman of the commission is subject to the same terms and conditions applying to the person’s appointment and employment to act as the chairperson before the commencement day (other than the duration of that appointment).\nUntil the person’s appointment to act as the chairman of the commission ends under subsection (2)(b)—\na reference in a provision of this part to the chairman is taken to be a reference to the person; and\nfor that purpose, the provision applies with necessary changes.\nSubsection (6) applies if the person is appointed as a commissioner from the day the person’s appointment under subsection (2) ends.\nThe period for which the person was appointed to act as the chairperson immediately before the commencement day, and the period of the person’s appointment under subsection (2), is to be counted as a period for which the person holds office in the commission as a commissioner for the purposes of section 231(3).\ns 402 ins 2014 No. 21 s 81\n(sec.402-ssec.1) This section applies to a person who, immediately before the commencement day, holds an appointment to act as the chairperson of the commission. See section 397 in relation to the continuation of the person’s appointment to act as the chairperson until the commencement day.\n(sec.402-ssec.2) The person is appointed to act as the chairman of the commission— from the start of the commencement day; and until the earlier of the following— 31 October 2014; the day a person’s appointment as chairman under section 229 takes effect.\n(sec.402-ssec.3) The person’s appointment and employment to act as the chairman of the commission is subject to the same terms and conditions applying to the person’s appointment and employment to act as the chairperson before the commencement day (other than the duration of that appointment).\n(sec.402-ssec.4) Until the person’s appointment to act as the chairman of the commission ends under subsection (2)(b)— a reference in a provision of this part to the chairman is taken to be a reference to the person; and for that purpose, the provision applies with necessary changes.\n(sec.402-ssec.5) Subsection (6) applies if the person is appointed as a commissioner from the day the person’s appointment under subsection (2) ends.\n(sec.402-ssec.6) The period for which the person was appointed to act as the chairperson immediately before the commencement day, and the period of the person’s appointment under subsection (2), is to be counted as a period for which the person holds office in the commission as a commissioner for the purposes of section 231(3).\n- (a) from the start of the commencement day; and\n- (b) until the earlier of the following— (i) 31 October 2014; (ii) the day a person’s appointment as chairman under section 229 takes effect.\n- (i) 31 October 2014;\n- (ii) the day a person’s appointment as chairman under section 229 takes effect.\n- (i) 31 October 2014;\n- (ii) the day a person’s appointment as chairman under section 229 takes effect.\n- (a) a reference in a provision of this part to the chairman is taken to be a reference to the person; and\n- (b) for that purpose, the provision applies with necessary changes.","sortOrder":811},{"sectionNumber":"sec.403","sectionType":"section","heading":"Part-time commissioners","content":"### sec.403 Part-time commissioners\n\nThis section applies if a person who was a part-time commissioner immediately before the commencement day—\nis appointed as a commissioner from the commencement day; or\nis appointed to act as a commissioner from the commencement day and is appointed as a commissioner from when that acting appointment ends.\nSee section 398 in relation to the continuation of the person’s appointment as a part-time commissioner until the commencement day.\nThe period for which the person was a part-time commissioner immediately before the commencement day is to be counted as a period for which the person holds office in the commission as a commissioner for the purposes of section 231(3).\nAlso, if subsection (1)(b) applies, the period for which the person was appointed to act as a commissioner from the commencement day is to be counted as a period for which the person holds office in the commission as a commissioner for the purposes of section 231(3).\ns 403 ins 2014 No. 21 s 81\n(sec.403-ssec.1) This section applies if a person who was a part-time commissioner immediately before the commencement day— is appointed as a commissioner from the commencement day; or is appointed to act as a commissioner from the commencement day and is appointed as a commissioner from when that acting appointment ends. See section 398 in relation to the continuation of the person’s appointment as a part-time commissioner until the commencement day.\n(sec.403-ssec.2) The period for which the person was a part-time commissioner immediately before the commencement day is to be counted as a period for which the person holds office in the commission as a commissioner for the purposes of section 231(3).\n(sec.403-ssec.3) Also, if subsection (1)(b) applies, the period for which the person was appointed to act as a commissioner from the commencement day is to be counted as a period for which the person holds office in the commission as a commissioner for the purposes of section 231(3).\n- (a) is appointed as a commissioner from the commencement day; or\n- (b) is appointed to act as a commissioner from the commencement day and is appointed as a commissioner from when that acting appointment ends.","sortOrder":812},{"sectionNumber":"sec.404","sectionType":"section","heading":"Acting part-time commissioners","content":"### sec.404 Acting part-time commissioners\n\nThis section applies if a person who held an appointment to act as a part-time commissioner immediately before the commencement day—\nis appointed as a commissioner from the commencement day; or\nis appointed to act as a commissioner from the commencement day and is appointed as a commissioner from when that acting appointment ends.\nSee section 398 in relation to the continuation of the person’s appointment to act as a part-time commissioner until the commencement day.\nThe period for which the person was appointed to act as a part-time commissioner immediately before the commencement day is to be counted as a period for which the person holds office in the commission as a commissioner for the purposes of section 231(3).\nAlso, if subsection (1)(b) applies, the period for which the person was appointed to act as a commissioner from the commencement day is to be counted as a period for which the person holds office in the commission as a commissioner for the purposes of section 231(3).\ns 404 ins 2014 No. 21 s 81\n(sec.404-ssec.1) This section applies if a person who held an appointment to act as a part-time commissioner immediately before the commencement day— is appointed as a commissioner from the commencement day; or is appointed to act as a commissioner from the commencement day and is appointed as a commissioner from when that acting appointment ends. See section 398 in relation to the continuation of the person’s appointment to act as a part-time commissioner until the commencement day.\n(sec.404-ssec.2) The period for which the person was appointed to act as a part-time commissioner immediately before the commencement day is to be counted as a period for which the person holds office in the commission as a commissioner for the purposes of section 231(3).\n(sec.404-ssec.3) Also, if subsection (1)(b) applies, the period for which the person was appointed to act as a commissioner from the commencement day is to be counted as a period for which the person holds office in the commission as a commissioner for the purposes of section 231(3).\n- (a) is appointed as a commissioner from the commencement day; or\n- (b) is appointed to act as a commissioner from the commencement day and is appointed as a commissioner from when that acting appointment ends.","sortOrder":813},{"sectionNumber":"sec.405","sectionType":"section","heading":"Provision for selection processes for roles of commissioners","content":"### sec.405 Provision for selection processes for roles of commissioners\n\nAn appointment of a person as a commissioner after the enactment of the amendment Act is not to be taken to be invalid only because action was taken in relation to the filling of the role of the commissioner before the enactment.\ns 405 ins 2014 No. 21 s 81","sortOrder":814},{"sectionNumber":"sec.406","sectionType":"section","heading":"Hearing, investigation or operation being conducted by former commissioner","content":"### sec.406 Hearing, investigation or operation being conducted by former commissioner\n\nThis section applies to a commission hearing, commission investigation or specific intelligence operation that, immediately before the commencement day, was being conducted by a former commissioner.\nFrom the start of the commencement day, the commission hearing, commission investigation or specific intelligence operation may be continued and be conducted by the following person (the presiding officer )—\nfor a commission hearing that is a public hearing—\nthe chairman; or\nif the chairman considers it necessary for the efficient operation of the commission—a sessional commissioner or senior executive officer as decided by the chairman;\nfor a commission hearing that is a closed hearing, any of the following as decided by the chairman—\nthe chairman;\na sessional commissioner;\na senior executive officer;\nanother person qualified for appointment as the chairman;\nfor a commission investigation or specific intelligence operation—an appropriately qualified commission officer decided by the chairman.\nFor subsection (2), anything done by the former commissioner in relation to the commission hearing, commission investigation or specific intelligence operation is taken to have been done by the presiding officer.\nIn this section—\nconducted includes undertaken.\nformer commissioner means a person who was any of the following under this Act as in force before the commencement day—\nthe acting chairperson;\na part-time commissioner;\nan acting part-time commissioner.\ns 406 ins 2014 No. 21 s 81\n(sec.406-ssec.1) This section applies to a commission hearing, commission investigation or specific intelligence operation that, immediately before the commencement day, was being conducted by a former commissioner.\n(sec.406-ssec.2) From the start of the commencement day, the commission hearing, commission investigation or specific intelligence operation may be continued and be conducted by the following person (the presiding officer )— for a commission hearing that is a public hearing— the chairman; or if the chairman considers it necessary for the efficient operation of the commission—a sessional commissioner or senior executive officer as decided by the chairman; for a commission hearing that is a closed hearing, any of the following as decided by the chairman— the chairman; a sessional commissioner; a senior executive officer; another person qualified for appointment as the chairman; for a commission investigation or specific intelligence operation—an appropriately qualified commission officer decided by the chairman.\n(sec.406-ssec.3) For subsection (2), anything done by the former commissioner in relation to the commission hearing, commission investigation or specific intelligence operation is taken to have been done by the presiding officer.\n(sec.406-ssec.4) In this section— conducted includes undertaken. former commissioner means a person who was any of the following under this Act as in force before the commencement day— the acting chairperson; a part-time commissioner; an acting part-time commissioner.\n- (a) for a commission hearing that is a public hearing— (i) the chairman; or (ii) if the chairman considers it necessary for the efficient operation of the commission—a sessional commissioner or senior executive officer as decided by the chairman;\n- (i) the chairman; or\n- (ii) if the chairman considers it necessary for the efficient operation of the commission—a sessional commissioner or senior executive officer as decided by the chairman;\n- (b) for a commission hearing that is a closed hearing, any of the following as decided by the chairman— (i) the chairman; (ii) a sessional commissioner; (iii) a senior executive officer; (iv) another person qualified for appointment as the chairman;\n- (i) the chairman;\n- (ii) a sessional commissioner;\n- (iii) a senior executive officer;\n- (iv) another person qualified for appointment as the chairman;\n- (c) for a commission investigation or specific intelligence operation—an appropriately qualified commission officer decided by the chairman.\n- (i) the chairman; or\n- (ii) if the chairman considers it necessary for the efficient operation of the commission—a sessional commissioner or senior executive officer as decided by the chairman;\n- (i) the chairman;\n- (ii) a sessional commissioner;\n- (iii) a senior executive officer;\n- (iv) another person qualified for appointment as the chairman;\n- (a) the acting chairperson;\n- (b) a part-time commissioner;\n- (c) an acting part-time commissioner.","sortOrder":815},{"sectionNumber":"sec.407","sectionType":"section","heading":"Things done by or in relation to former commissioner","content":"### sec.407 Things done by or in relation to former commissioner\n\nThis section applies to anything done by or in relation to a former commissioner under an Act (the empowering Act )—\nwhose effect had not ended immediately before the commencement day; and\nthat, on and from the commencement day, is something that can be done by or in relation to a commissioner under the empowering Act; and\nthat is not otherwise dealt with by a provision of this division.\nThe thing done by or in relation to the former commissioner—\ncontinues to have effect; and\nfrom the start of the commencement day, is taken to have been done by or in relation to—\nif the thing is something that may be done by or in relation to the chairman under the empowering Act—the chairman; or\nif subparagraph (i) does not apply and the thing is something that may be done by or in relation to the deputy chairman under the empowering Act—the deputy chairman; or\nif subparagraph (i) does not apply and the thing is something that may be done by or in relation to the chief executive officer under the empowering Act—the chief executive officer; or\notherwise—a commissioner.\nIn this section—\nformer commissioner means a person who was any of the following under this Act as in force before the commencement day—\nthe chairperson;\nthe acting chairperson;\na part-time commissioner;\nan acting part-time commissioner.\ns 407 ins 2014 No. 21 s 81\n(sec.407-ssec.1) This section applies to anything done by or in relation to a former commissioner under an Act (the empowering Act )— whose effect had not ended immediately before the commencement day; and that, on and from the commencement day, is something that can be done by or in relation to a commissioner under the empowering Act; and that is not otherwise dealt with by a provision of this division.\n(sec.407-ssec.2) The thing done by or in relation to the former commissioner— continues to have effect; and from the start of the commencement day, is taken to have been done by or in relation to— if the thing is something that may be done by or in relation to the chairman under the empowering Act—the chairman; or if subparagraph (i) does not apply and the thing is something that may be done by or in relation to the deputy chairman under the empowering Act—the deputy chairman; or if subparagraph (i) does not apply and the thing is something that may be done by or in relation to the chief executive officer under the empowering Act—the chief executive officer; or otherwise—a commissioner.\n(sec.407-ssec.3) In this section— former commissioner means a person who was any of the following under this Act as in force before the commencement day— the chairperson; the acting chairperson; a part-time commissioner; an acting part-time commissioner.\n- (a) whose effect had not ended immediately before the commencement day; and\n- (b) that, on and from the commencement day, is something that can be done by or in relation to a commissioner under the empowering Act; and\n- (c) that is not otherwise dealt with by a provision of this division.\n- (a) continues to have effect; and\n- (b) from the start of the commencement day, is taken to have been done by or in relation to— (i) if the thing is something that may be done by or in relation to the chairman under the empowering Act—the chairman; or (ii) if subparagraph (i) does not apply and the thing is something that may be done by or in relation to the deputy chairman under the empowering Act—the deputy chairman; or (iii) if subparagraph (i) does not apply and the thing is something that may be done by or in relation to the chief executive officer under the empowering Act—the chief executive officer; or (iv) otherwise—a commissioner.\n- (i) if the thing is something that may be done by or in relation to the chairman under the empowering Act—the chairman; or\n- (ii) if subparagraph (i) does not apply and the thing is something that may be done by or in relation to the deputy chairman under the empowering Act—the deputy chairman; or\n- (iii) if subparagraph (i) does not apply and the thing is something that may be done by or in relation to the chief executive officer under the empowering Act—the chief executive officer; or\n- (iv) otherwise—a commissioner.\n- (i) if the thing is something that may be done by or in relation to the chairman under the empowering Act—the chairman; or\n- (ii) if subparagraph (i) does not apply and the thing is something that may be done by or in relation to the deputy chairman under the empowering Act—the deputy chairman; or\n- (iii) if subparagraph (i) does not apply and the thing is something that may be done by or in relation to the chief executive officer under the empowering Act—the chief executive officer; or\n- (iv) otherwise—a commissioner.\n- (a) the chairperson;\n- (b) the acting chairperson;\n- (c) a part-time commissioner;\n- (d) an acting part-time commissioner.","sortOrder":816},{"sectionNumber":"ch.8-pt.11-div.5","sectionType":"division","heading":"Assistant commissioners","content":"## Assistant commissioners","sortOrder":817},{"sectionNumber":"sec.408","sectionType":"section","heading":"Assistant commissioners continue as senior executive officers","content":"### sec.408 Assistant commissioners continue as senior executive officers\n\nThis section applies to a person who, immediately before the commencement day, holds an appointment as an assistant commissioner.\nAt the start of the commencement day, the appointment and employment of the person as an assistant commissioner ends.\nFrom the start of the commencement day, the person is appointed as—\nfor the assistant commissioner (crime)—the senior executive officer (crime); or\nfor the assistant commissioner (misconduct)—the senior executive officer (corruption).\nThe person is taken to be employed as the senior executive officer (crime) or senior executive officer (corruption) under the contract under which the person was employed as an assistant commissioner before the commencement day.\nWithout limiting subsection (4), the person’s appointment and employment as the senior executive officer (crime) or senior executive officer (corruption) continues on the same terms, conditions and entitlements as those applying to the person’s appointment and employment as an assistant commissioner.\nAlso, the following applies for the person—\nthe person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an assistant commissioner, including because of the operation of section 249(2) as in force before the commencement day;\nthe person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected;\ncontinuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;\nthe employment does not constitute a termination of employment or a retrenchment or redundancy;\nthe person is not entitled to a payment or other benefit because the person is no longer an assistant commissioner;\nsection 249(3) as in force before the commencement day does not apply to the person in relation to the person ceasing to be an assistant commissioner.\nSee also section 247(3C) in relation to counting time spent by a person as assistant commissioner as time spent by the person as a senior officer.\ns 408 ins 2014 No. 21 s 81\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.408-ssec.1) This section applies to a person who, immediately before the commencement day, holds an appointment as an assistant commissioner.\n(sec.408-ssec.2) At the start of the commencement day, the appointment and employment of the person as an assistant commissioner ends.\n(sec.408-ssec.3) From the start of the commencement day, the person is appointed as— for the assistant commissioner (crime)—the senior executive officer (crime); or for the assistant commissioner (misconduct)—the senior executive officer (corruption).\n(sec.408-ssec.4) The person is taken to be employed as the senior executive officer (crime) or senior executive officer (corruption) under the contract under which the person was employed as an assistant commissioner before the commencement day.\n(sec.408-ssec.5) Without limiting subsection (4), the person’s appointment and employment as the senior executive officer (crime) or senior executive officer (corruption) continues on the same terms, conditions and entitlements as those applying to the person’s appointment and employment as an assistant commissioner.\n(sec.408-ssec.6) Also, the following applies for the person— the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an assistant commissioner, including because of the operation of section 249(2) as in force before the commencement day; the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected; continuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; the employment does not constitute a termination of employment or a retrenchment or redundancy; the person is not entitled to a payment or other benefit because the person is no longer an assistant commissioner; section 249(3) as in force before the commencement day does not apply to the person in relation to the person ceasing to be an assistant commissioner. See also section 247(3C) in relation to counting time spent by a person as assistant commissioner as time spent by the person as a senior officer.\n- (a) for the assistant commissioner (crime)—the senior executive officer (crime); or\n- (b) for the assistant commissioner (misconduct)—the senior executive officer (corruption).\n- (a) the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an assistant commissioner, including because of the operation of section 249(2) as in force before the commencement day;\n- (b) the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected;\n- (c) continuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;\n- (d) the employment does not constitute a termination of employment or a retrenchment or redundancy;\n- (e) the person is not entitled to a payment or other benefit because the person is no longer an assistant commissioner;\n- (f) section 249(3) as in force before the commencement day does not apply to the person in relation to the person ceasing to be an assistant commissioner.","sortOrder":818},{"sectionNumber":"sec.409","sectionType":"section","heading":"Acting assistant commissioners","content":"### sec.409 Acting assistant commissioners\n\nThis section applies to a person who, immediately before the commencement day, holds an appointment to act as an assistant commissioner.\nAt the start of the commencement day, the person’s appointment and employment to act as the assistant commissioner ends.\nIf the person is appointed as a senior officer, the period for which the person was appointed to act as an assistant commissioner immediately before the commencement day is to be counted as a period for which the person holds office as the senior officer for the purposes of section 247.\ns 409 ins 2014 No. 21 s 81\n(sec.409-ssec.1) This section applies to a person who, immediately before the commencement day, holds an appointment to act as an assistant commissioner.\n(sec.409-ssec.2) At the start of the commencement day, the person’s appointment and employment to act as the assistant commissioner ends.\n(sec.409-ssec.3) If the person is appointed as a senior officer, the period for which the person was appointed to act as an assistant commissioner immediately before the commencement day is to be counted as a period for which the person holds office as the senior officer for the purposes of section 247.","sortOrder":819},{"sectionNumber":"sec.410","sectionType":"section","heading":"Hearing, investigation or operation being conducted by assistant commissioner","content":"### sec.410 Hearing, investigation or operation being conducted by assistant commissioner\n\nThis section applies to a commission hearing, commission investigation or specific intelligence operation that, immediately before the commencement day, was being conducted by an assistant commissioner.\nFrom the start of the commencement day, the commission hearing, commission investigation or specific intelligence operation may be continued and be conducted by—\nif the hearing, investigation or operation was being conducted by the assistant commissioner (crime)—the senior executive officer (crime); or\nif the hearing, investigation or operation was being conducted by the assistant commissioner (misconduct)—the senior executive officer (corruption).\nFor subsection (2), anything done by the assistant commissioner in relation to the commission hearing, commission investigation or specific intelligence operation is taken to have been done by—\nif the hearing, investigation or operation was being conducted by the assistant commissioner (crime)—the senior executive officer (crime); or\nif the hearing, investigation or operation was being conducted by the assistant commissioner (misconduct)—the senior executive officer (corruption).\nIn this section—\nconducted includes undertaken.\ns 410 ins 2014 No. 21 s 81\n(sec.410-ssec.1) This section applies to a commission hearing, commission investigation or specific intelligence operation that, immediately before the commencement day, was being conducted by an assistant commissioner.\n(sec.410-ssec.2) From the start of the commencement day, the commission hearing, commission investigation or specific intelligence operation may be continued and be conducted by— if the hearing, investigation or operation was being conducted by the assistant commissioner (crime)—the senior executive officer (crime); or if the hearing, investigation or operation was being conducted by the assistant commissioner (misconduct)—the senior executive officer (corruption).\n(sec.410-ssec.3) For subsection (2), anything done by the assistant commissioner in relation to the commission hearing, commission investigation or specific intelligence operation is taken to have been done by— if the hearing, investigation or operation was being conducted by the assistant commissioner (crime)—the senior executive officer (crime); or if the hearing, investigation or operation was being conducted by the assistant commissioner (misconduct)—the senior executive officer (corruption).\n(sec.410-ssec.4) In this section— conducted includes undertaken.\n- (a) if the hearing, investigation or operation was being conducted by the assistant commissioner (crime)—the senior executive officer (crime); or\n- (b) if the hearing, investigation or operation was being conducted by the assistant commissioner (misconduct)—the senior executive officer (corruption).\n- (a) if the hearing, investigation or operation was being conducted by the assistant commissioner (crime)—the senior executive officer (crime); or\n- (b) if the hearing, investigation or operation was being conducted by the assistant commissioner (misconduct)—the senior executive officer (corruption).","sortOrder":820},{"sectionNumber":"sec.411","sectionType":"section","heading":"Things done by or in relation to assistant commissioner (crime)","content":"### sec.411 Things done by or in relation to assistant commissioner (crime)\n\nThis section applies to anything done by or in relation to the assistant commissioner (crime) under an Act (the empowering Act )—\nwhose effect had not ended immediately before the commencement day; and\nthat, on and from the commencement day, is something that may be done by or in relation to the senior executive officer (crime) under the empowering Act; and\nthat is not otherwise dealt with by a provision of this division.\nThe thing done by or in relation to the assistant commissioner (crime)—\ncontinues to have effect; and\nfrom the start of the commencement day, is taken to have been done by or in relation to the senior executive officer (crime).\ns 411 ins 2014 No. 21 s 81\n(sec.411-ssec.1) This section applies to anything done by or in relation to the assistant commissioner (crime) under an Act (the empowering Act )— whose effect had not ended immediately before the commencement day; and that, on and from the commencement day, is something that may be done by or in relation to the senior executive officer (crime) under the empowering Act; and that is not otherwise dealt with by a provision of this division.\n(sec.411-ssec.2) The thing done by or in relation to the assistant commissioner (crime)— continues to have effect; and from the start of the commencement day, is taken to have been done by or in relation to the senior executive officer (crime).\n- (a) whose effect had not ended immediately before the commencement day; and\n- (b) that, on and from the commencement day, is something that may be done by or in relation to the senior executive officer (crime) under the empowering Act; and\n- (c) that is not otherwise dealt with by a provision of this division.\n- (a) continues to have effect; and\n- (b) from the start of the commencement day, is taken to have been done by or in relation to the senior executive officer (crime).","sortOrder":821},{"sectionNumber":"sec.412","sectionType":"section","heading":"Things done by or in relation to assistant commissioner (misconduct)","content":"### sec.412 Things done by or in relation to assistant commissioner (misconduct)\n\nThis section applies to anything done by or in relation to the assistant commissioner (misconduct) under an Act (the empowering Act )—\nwhose effect had not ended immediately before the commencement day; and\nthat, on and from the commencement day, is something that may be done by or in relation to the senior executive officer (corruption) under the empowering Act; and\nthat is not otherwise dealt with by a provision of this division.\nThe thing done by or in relation to the assistant commissioner (misconduct)—\ncontinues to have effect; and\nfrom the start of the commencement day, is taken to have been done by or in relation to the senior executive officer (corruption).\ns 412 ins 2014 No. 21 s 81\n(sec.412-ssec.1) This section applies to anything done by or in relation to the assistant commissioner (misconduct) under an Act (the empowering Act )— whose effect had not ended immediately before the commencement day; and that, on and from the commencement day, is something that may be done by or in relation to the senior executive officer (corruption) under the empowering Act; and that is not otherwise dealt with by a provision of this division.\n(sec.412-ssec.2) The thing done by or in relation to the assistant commissioner (misconduct)— continues to have effect; and from the start of the commencement day, is taken to have been done by or in relation to the senior executive officer (corruption).\n- (a) whose effect had not ended immediately before the commencement day; and\n- (b) that, on and from the commencement day, is something that may be done by or in relation to the senior executive officer (corruption) under the empowering Act; and\n- (c) that is not otherwise dealt with by a provision of this division.\n- (a) continues to have effect; and\n- (b) from the start of the commencement day, is taken to have been done by or in relation to the senior executive officer (corruption).","sortOrder":822},{"sectionNumber":"ch.8-pt.11-div.6","sectionType":"division","heading":"Functions of parliamentary commissioner","content":"## Functions of parliamentary commissioner","sortOrder":823},{"sectionNumber":"sec.413","sectionType":"section","heading":"Investigations on parliamentary commissioner’s own initiative","content":"### sec.413 Investigations on parliamentary commissioner’s own initiative\n\nSection 314(4) applies only in relation to conduct, of a commission officer, engaged in on or after the commencement day.\ns 413 ins 2014 No. 21 s 81","sortOrder":824},{"sectionNumber":"sec.414","sectionType":"section","heading":"Hearings conducted by parliamentary commissioner","content":"### sec.414 Hearings conducted by parliamentary commissioner\n\nSection 318 as in force on the commencement day applies only in relation to a matter that comes to the parliamentary commissioner’s knowledge on or after the commencement day.\nSection 318 as in force before the commencement day continues to apply in relation to a matter that comes to the parliamentary commissioner’s knowledge before the commencement day, as if the amendment Act had not been enacted.\ns 414 ins 2014 No. 21 s 81\n(sec.414-ssec.1) Section 318 as in force on the commencement day applies only in relation to a matter that comes to the parliamentary commissioner’s knowledge on or after the commencement day.\n(sec.414-ssec.2) Section 318 as in force before the commencement day continues to apply in relation to a matter that comes to the parliamentary commissioner’s knowledge before the commencement day, as if the amendment Act had not been enacted.","sortOrder":825},{"sectionNumber":"sec.415","sectionType":"section","heading":"Use of report of investigation conducted by parliamentary commissioner","content":"### sec.415 Use of report of investigation conducted by parliamentary commissioner\n\nSection 323A applies only in relation to a report of an investigation started on or after the commencement day.\ns 415 ins 2014 No. 21 s 81","sortOrder":826},{"sectionNumber":"ch.8-pt.11-div.7","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":827},{"sectionNumber":"sec.416","sectionType":"section","heading":"Existing complaints","content":"### sec.416 Existing complaints\n\nThe commission or a public official must deal with an existing complaint under this Act as in force on the commencement day.\nHowever, section 36(3) does not apply in relation to an existing complaint.\nAlso, section 216 as in force before the commencement day continues to apply in relation to an existing complaint.\nSection 216A does not apply in relation to an existing complaint, even if the person who made the complaint takes further action in relation to the complaint on or after the commencement day.\nIf an existing complaint relates to conduct that was official misconduct within the meaning of this Act as in force before the commencement day but is not corrupt conduct within the meaning of this Act as in force on the commencement day—\nanything done by the commission or public official in relation to the complaint before the commencement day is not invalidated by the amendment of this Act by the amendment Act; but\nthe commission or public official must take no action or discontinue action under this Act in relation to the complaint.\nSubsection (5)(b) does not affect a public official’s functions or powers about dealing with the complaint other than under this Act.\nIn this section—\nexisting complaint means either of the following made or referred to the commission, but not finally dealt with, immediately before the commencement day—\na complaint under section 36;\na complaint made to another entity that is under an obligation to refer the complaint to the commission.\ns 416 ins 2014 No. 21 s 81\n(sec.416-ssec.1) The commission or a public official must deal with an existing complaint under this Act as in force on the commencement day.\n(sec.416-ssec.2) However, section 36(3) does not apply in relation to an existing complaint.\n(sec.416-ssec.3) Also, section 216 as in force before the commencement day continues to apply in relation to an existing complaint.\n(sec.416-ssec.4) Section 216A does not apply in relation to an existing complaint, even if the person who made the complaint takes further action in relation to the complaint on or after the commencement day.\n(sec.416-ssec.5) If an existing complaint relates to conduct that was official misconduct within the meaning of this Act as in force before the commencement day but is not corrupt conduct within the meaning of this Act as in force on the commencement day— anything done by the commission or public official in relation to the complaint before the commencement day is not invalidated by the amendment of this Act by the amendment Act; but the commission or public official must take no action or discontinue action under this Act in relation to the complaint.\n(sec.416-ssec.6) Subsection (5)(b) does not affect a public official’s functions or powers about dealing with the complaint other than under this Act.\n(sec.416-ssec.7) In this section— existing complaint means either of the following made or referred to the commission, but not finally dealt with, immediately before the commencement day— a complaint under section 36; a complaint made to another entity that is under an obligation to refer the complaint to the commission.\n- (a) anything done by the commission or public official in relation to the complaint before the commencement day is not invalidated by the amendment of this Act by the amendment Act; but\n- (b) the commission or public official must take no action or discontinue action under this Act in relation to the complaint.\n- (a) a complaint under section 36;\n- (b) a complaint made to another entity that is under an obligation to refer the complaint to the commission.","sortOrder":828},{"sectionNumber":"sec.417","sectionType":"section","heading":"Initial research plan","content":"### sec.417 Initial research plan\n\nThe commission must prepare a research plan under section 52 for the period comprising—\nthe period starting from the start of the commencement day and ending at the end of the financial year in which commencement happens; and\nthe following 2 financial years.\ns 417 ins 2014 No. 21 s 81\n- (a) the period starting from the start of the commencement day and ending at the end of the financial year in which commencement happens; and\n- (b) the following 2 financial years.","sortOrder":829},{"sectionNumber":"sec.418","sectionType":"section","heading":"Investigation of holders of judicial officers","content":"### sec.418 Investigation of holders of judicial officers\n\nSection 58(3) applies only in relation to conduct of a judicial officer engaged in on or after the commencement day.\ns 418 ins 2014 No. 21 s 81","sortOrder":830},{"sectionNumber":"sec.419","sectionType":"section","heading":"Notifying parliamentary committee of improper conduct","content":"### sec.419 Notifying parliamentary committee of improper conduct\n\nSubsection (2) applies if—\nbefore the commencement day, the chairperson of the commission suspected conduct of a commission officer involved, or may have involved, improper conduct within the meaning of former section 329; and\nimmediately before the commencement day, the chairperson had not notified the parliamentary committee of the conduct under former section 329.\nFormer section 329 applies in relation to the conduct as if the reference to the chairperson were a reference to the chairman.\nNew section 329 applies in relation to the conduct of a commission officer engaged in before the commencement day only if the chairperson was not aware of the conduct before the commencement day.\nIn this section—\nformer section 329 means section 329 as in force before the commencement day.\nnew section 329 means section 329 as in force at the commencement day.\ns 419 ins 2014 No. 21 s 81\n(sec.419-ssec.1) Subsection (2) applies if— before the commencement day, the chairperson of the commission suspected conduct of a commission officer involved, or may have involved, improper conduct within the meaning of former section 329; and immediately before the commencement day, the chairperson had not notified the parliamentary committee of the conduct under former section 329.\n(sec.419-ssec.2) Former section 329 applies in relation to the conduct as if the reference to the chairperson were a reference to the chairman.\n(sec.419-ssec.3) New section 329 applies in relation to the conduct of a commission officer engaged in before the commencement day only if the chairperson was not aware of the conduct before the commencement day.\n(sec.419-ssec.4) In this section— former section 329 means section 329 as in force before the commencement day. new section 329 means section 329 as in force at the commencement day.\n- (a) before the commencement day, the chairperson of the commission suspected conduct of a commission officer involved, or may have involved, improper conduct within the meaning of former section 329; and\n- (b) immediately before the commencement day, the chairperson had not notified the parliamentary committee of the conduct under former section 329.","sortOrder":831},{"sectionNumber":"sec.420","sectionType":"section","heading":"Disciplinary action","content":"### sec.420 Disciplinary action\n\nChapter 6, part 1, division 9 applies in relation to a relevant commission officer—\nregardless of whether the officer’s employment with the commission started before, on or after the commencement day; and\ndespite the terms and conditions applying to the officer’s employment immediately before the commencement day.\nHowever, the chief executive officer may take disciplinary action against a relevant commission officer under chapter 6, part 1, division 9 only in relation to a disciplinary ground arising on or after the commencement day.\nIn this section—\ndisciplinary ground see section 273A.\nemployment see section 273A.\nrelevant commission officer see section 273A.\ns 420 ins 2014 No. 21 s 81\n(sec.420-ssec.1) Chapter 6, part 1, division 9 applies in relation to a relevant commission officer— regardless of whether the officer’s employment with the commission started before, on or after the commencement day; and despite the terms and conditions applying to the officer’s employment immediately before the commencement day.\n(sec.420-ssec.2) However, the chief executive officer may take disciplinary action against a relevant commission officer under chapter 6, part 1, division 9 only in relation to a disciplinary ground arising on or after the commencement day.\n(sec.420-ssec.3) In this section— disciplinary ground see section 273A. employment see section 273A. relevant commission officer see section 273A.\n- (a) regardless of whether the officer’s employment with the commission started before, on or after the commencement day; and\n- (b) despite the terms and conditions applying to the officer’s employment immediately before the commencement day.","sortOrder":832},{"sectionNumber":"sec.421","sectionType":"section","heading":"Declaration about s 385","content":"### sec.421 Declaration about s 385\n\nFrom the start of the commencement day, section 385 applies to a corruption hearing as if a reference in the section to a misconduct hearing were a reference to a corruption hearing.\nIn this section—\ncorruption hearing means a commission hearing in the context of a corruption investigation.\ns 421 ins 2014 No. 21 s 81\n(sec.421-ssec.1) From the start of the commencement day, section 385 applies to a corruption hearing as if a reference in the section to a misconduct hearing were a reference to a corruption hearing.\n(sec.421-ssec.2) In this section— corruption hearing means a commission hearing in the context of a corruption investigation.","sortOrder":833},{"sectionNumber":"sec.422","sectionType":"section","heading":"Application of Public Interest Disclosure Act 2010","content":"### sec.422 Application of Public Interest Disclosure Act 2010\n\nThis section applies if, before the commencement day, a person made a disclosure under the Public Interest Disclosure Act 2010 , section 17 about conduct of another person that—\ncould, if proved, be official misconduct within the meaning of this Act as in force before the commencement day; but\nwould not, if proved, be corrupt conduct within the meaning of this Act as in force on the commencement day.\nThe Public Interest Disclosure Act 2010 continues to apply in relation to the disclosure as if the amendment Act had not been enacted.\ns 422 ins 2014 No. 21 s 81\n(sec.422-ssec.1) This section applies if, before the commencement day, a person made a disclosure under the Public Interest Disclosure Act 2010 , section 17 about conduct of another person that— could, if proved, be official misconduct within the meaning of this Act as in force before the commencement day; but would not, if proved, be corrupt conduct within the meaning of this Act as in force on the commencement day.\n(sec.422-ssec.2) The Public Interest Disclosure Act 2010 continues to apply in relation to the disclosure as if the amendment Act had not been enacted.\n- (a) could, if proved, be official misconduct within the meaning of this Act as in force before the commencement day; but\n- (b) would not, if proved, be corrupt conduct within the meaning of this Act as in force on the commencement day.","sortOrder":834},{"sectionNumber":"ch.8-pt.12","sectionType":"part","heading":"Electoral and Other Legislation Amendment Act 2015","content":"# Electoral and Other Legislation Amendment Act 2015","sortOrder":835},{"sectionNumber":"sec.423","sectionType":"section","heading":"Chairman’s pension entitlements","content":"### sec.423 Chairman’s pension entitlements\n\nChapter 6, part 1, division 2, subdivision 3, applies to a person appointed as the chairman after 27 March 2015.\nSection 238C(b) applies to a period for which a person acted as the chairman only if the appointment to act started after 27 March 2015.\ns 423 ins 2015 No. 2 s 48\n(sec.423-ssec.1) Chapter 6, part 1, division 2, subdivision 3, applies to a person appointed as the chairman after 27 March 2015.\n(sec.423-ssec.2) Section 238C(b) applies to a period for which a person acted as the chairman only if the appointment to act started after 27 March 2015.","sortOrder":836},{"sectionNumber":"ch.8-pt.13","sectionType":"part","heading":"Crime and Corruption Amendment Act 2016","content":"# Crime and Corruption Amendment Act 2016","sortOrder":837},{"sectionNumber":"sec.424","sectionType":"section","heading":"Chief executive officer","content":"### sec.424 Chief executive officer\n\nThis section applies in relation to a person who, immediately before the commencement, held office as a commissioner and the chief executive officer under an appointment by the Governor in Council.\nOn the commencement, the appointment as a commissioner ends.\nThe appointment, to the extent it relates to the office of chief executive officer, continues under section 229 until it ends under this Act.\ns 424 ins 2016 No. 19 s 43\n(sec.424-ssec.1) This section applies in relation to a person who, immediately before the commencement, held office as a commissioner and the chief executive officer under an appointment by the Governor in Council.\n(sec.424-ssec.2) On the commencement, the appointment as a commissioner ends.\n(sec.424-ssec.3) The appointment, to the extent it relates to the office of chief executive officer, continues under section 229 until it ends under this Act.","sortOrder":838},{"sectionNumber":"sec.425","sectionType":"section","heading":"Acting appointments","content":"### sec.425 Acting appointments\n\nSection 237(2) does not apply to an appointment made under section 237 before the commencement that is still in effect on the commencement.\ns 425 ins 2016 No. 19 s 43","sortOrder":839},{"sectionNumber":"sec.426","sectionType":"section","heading":"References to chair titles","content":"### sec.426 References to chair titles\n\nA reference in an Act or document to the chairman of the crime and corruption commission may, if the context permits, be taken to be a reference to the chairperson.\nA reference in an Act or document to a person who was the chairman of the crime and corruption commission may, if the context permits, be taken to include a person who was the chairman of the crime and corruption commission.\ns 426 ins 2016 No. 19 s 43\n(sec.426-ssec.1) A reference in an Act or document to the chairman of the crime and corruption commission may, if the context permits, be taken to be a reference to the chairperson.\n(sec.426-ssec.2) A reference in an Act or document to a person who was the chairman of the crime and corruption commission may, if the context permits, be taken to include a person who was the chairman of the crime and corruption commission.","sortOrder":840},{"sectionNumber":"ch.8-pt.14","sectionType":"part","heading":"Serious and Organised Crime Legislation Amendment Act 2016","content":"# Serious and Organised Crime Legislation Amendment Act 2016","sortOrder":841},{"sectionNumber":"ch.8-pt.14-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":842},{"sectionNumber":"sec.427","sectionType":"section","heading":"Authorisation by chairperson of immediate response function","content":"### sec.427 Authorisation by chairperson of immediate response function\n\nThis section applies if—\nbefore the commencement, the chairperson authorised, under section 55F, a crime investigation or the holding of an intelligence hearing (or both) in response to, or to prevent, a threat to public safety; and\non the commencement, the investigation or hearing was not finalised.\nThe investigation or hearing is taken to have been authorised by the reference committee under section 55D.\ns 427 ins 2016 No. 62 s 55\n(sec.427-ssec.1) This section applies if— before the commencement, the chairperson authorised, under section 55F, a crime investigation or the holding of an intelligence hearing (or both) in response to, or to prevent, a threat to public safety; and on the commencement, the investigation or hearing was not finalised.\n(sec.427-ssec.2) The investigation or hearing is taken to have been authorised by the reference committee under section 55D.\n- (a) before the commencement, the chairperson authorised, under section 55F, a crime investigation or the holding of an intelligence hearing (or both) in response to, or to prevent, a threat to public safety; and\n- (b) on the commencement, the investigation or hearing was not finalised.","sortOrder":843},{"sectionNumber":"sec.428","sectionType":"section","heading":"Refusal to comply with notice to produce for fear of reprisal","content":"### sec.428 Refusal to comply with notice to produce for fear of reprisal\n\nThis section applies if—\nbefore the commencement, a person was given a notice to produce under section 74; and\nimmediately before the commencement, the person had not complied with the notice to produce and had not been convicted of an offence against section 74(5).\nSection 74, as amended by the Serious and Organised Crime Legislation Amendment Act 2016 , applies in relation to the notice to produce.\ns 428 ins 2016 No. 62 s 55\n(sec.428-ssec.1) This section applies if— before the commencement, a person was given a notice to produce under section 74; and immediately before the commencement, the person had not complied with the notice to produce and had not been convicted of an offence against section 74(5).\n(sec.428-ssec.2) Section 74, as amended by the Serious and Organised Crime Legislation Amendment Act 2016 , applies in relation to the notice to produce.\n- (a) before the commencement, a person was given a notice to produce under section 74; and\n- (b) immediately before the commencement, the person had not complied with the notice to produce and had not been convicted of an offence against section 74(5).","sortOrder":844},{"sectionNumber":"sec.429","sectionType":"section","heading":"Refusal to comply with attendance notice for fear of reprisal","content":"### sec.429 Refusal to comply with attendance notice for fear of reprisal\n\nThis section applies if—\nbefore the commencement, a person was given an attendance notice under section 82; and\nimmediately before the commencement, the person had not complied with the attendance notice and had not been convicted of an offence against section 82(5).\nSection 82, as amended by the Serious and Organised Crime Legislation Amendment Act 2016 , applies in relation to the attendance notice.\ns 429 ins 2016 No. 62 s 55\n(sec.429-ssec.1) This section applies if— before the commencement, a person was given an attendance notice under section 82; and immediately before the commencement, the person had not complied with the attendance notice and had not been convicted of an offence against section 82(5).\n(sec.429-ssec.2) Section 82, as amended by the Serious and Organised Crime Legislation Amendment Act 2016 , applies in relation to the attendance notice.\n- (a) before the commencement, a person was given an attendance notice under section 82; and\n- (b) immediately before the commencement, the person had not complied with the attendance notice and had not been convicted of an offence against section 82(5).","sortOrder":845},{"sectionNumber":"sec.430","sectionType":"section","heading":"Refusal to comply with requirement to produce stated document or thing for fear of reprisal","content":"### sec.430 Refusal to comply with requirement to produce stated document or thing for fear of reprisal\n\nThis section applies if—\nbefore the commencement, a person was required to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement; and\nimmediately before the commencement, the person had not complied with the requirement and had not been convicted of an offence against section 185(1).\nSection 185, as amended by the Serious and Organised Crime Legislation Amendment Act 2016 , applies in relation to the requirement.\ns 430 ins 2016 No. 62 s 55\n(sec.430-ssec.1) This section applies if— before the commencement, a person was required to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement; and immediately before the commencement, the person had not complied with the requirement and had not been convicted of an offence against section 185(1).\n(sec.430-ssec.2) Section 185, as amended by the Serious and Organised Crime Legislation Amendment Act 2016 , applies in relation to the requirement.\n- (a) before the commencement, a person was required to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement; and\n- (b) immediately before the commencement, the person had not complied with the requirement and had not been convicted of an offence against section 185(1).","sortOrder":846},{"sectionNumber":"sec.431","sectionType":"section","heading":"Refusal to answer question for fear of reprisal","content":"### sec.431 Refusal to answer question for fear of reprisal\n\nThis section applies if—\nbefore the commencement, a witness at a commission hearing was required to answer a question put to the person at the hearing by the presiding officer; and\nimmediately before the commencement, the person had not answered the question and had not been convicted of an offence against section 190(1).\nSection 190, as amended by the Serious and Organised Crime Legislation Amendment Act 2016 , applies in relation to the requirement.\ns 431 ins 2016 No. 62 s 55\n(sec.431-ssec.1) This section applies if— before the commencement, a witness at a commission hearing was required to answer a question put to the person at the hearing by the presiding officer; and immediately before the commencement, the person had not answered the question and had not been convicted of an offence against section 190(1).\n(sec.431-ssec.2) Section 190, as amended by the Serious and Organised Crime Legislation Amendment Act 2016 , applies in relation to the requirement.\n- (a) before the commencement, a witness at a commission hearing was required to answer a question put to the person at the hearing by the presiding officer; and\n- (b) immediately before the commencement, the person had not answered the question and had not been convicted of an offence against section 190(1).","sortOrder":847},{"sectionNumber":"sec.432","sectionType":"section","heading":"Punishment for contempt","content":"### sec.432 Punishment for contempt\n\nTo remove any doubt, it is declared that for section 199(8B), as amended by the Serious and Organised Crime Legislation Amendment Act 2016 —\na first contempt means a first contempt committed after the commencement of the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 ; and\na second contempt means a second contempt committed after the commencement of the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 ; and\na third or subsequent contempt means a third or subsequent contempt committed after the commencement of the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 .\nAlso, section 199, as amended by the Serious and Organised Crime Legislation Amendment Act 2016 , applies to a proceeding for a contempt that has not been finalised before the commencement, whether the contempt was committed before or after the commencement.\ns 432 ins 2016 No. 62 s 55\n(sec.432-ssec.1) To remove any doubt, it is declared that for section 199(8B), as amended by the Serious and Organised Crime Legislation Amendment Act 2016 — a first contempt means a first contempt committed after the commencement of the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 ; and a second contempt means a second contempt committed after the commencement of the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 ; and a third or subsequent contempt means a third or subsequent contempt committed after the commencement of the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 .\n(sec.432-ssec.2) Also, section 199, as amended by the Serious and Organised Crime Legislation Amendment Act 2016 , applies to a proceeding for a contempt that has not been finalised before the commencement, whether the contempt was committed before or after the commencement.\n- (a) a first contempt means a first contempt committed after the commencement of the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 ; and\n- (b) a second contempt means a second contempt committed after the commencement of the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 ; and\n- (c) a third or subsequent contempt means a third or subsequent contempt committed after the commencement of the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 .","sortOrder":848},{"sectionNumber":"sec.433","sectionType":"section","heading":"Commission must give evidence to defence","content":"### sec.433 Commission must give evidence to defence\n\nSection 201, as amended by the Serious and Organised Crime Legislation Amendment Act 2016 , applies to anything stated at, or a document or thing produced at, a commission hearing, whether the commission hearing started before or after the commencement.\ns 433 ins 2016 No. 62 s 55","sortOrder":849},{"sectionNumber":"ch.8-pt.14-div.2","sectionType":"division","heading":"Proceedings for offences and contempts relating to fear of reprisal","content":"## Proceedings for offences and contempts relating to fear of reprisal","sortOrder":850},{"sectionNumber":"sec.434","sectionType":"section","heading":"Definitions for division","content":"### sec.434 Definitions for division\n\nIn this division—\nfear of reprisal , of a person, means fear, genuinely held, of—\npersonal physical harm or damage to the person’s property; or\nphysical harm to someone else, or damage to the property of someone else, with whom the person has a connection or bond.\npre-amended Act means this Act as in force before the commencement.\nrequirement the subject of the contempt means—\nfor a contempt constituted by a failure by a person, under section 183, to take an oath when required by the presiding officer—the requirement to take the oath; or\nfor a contempt constituted by a failure by a person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse—the requirement to produce the stated document or thing; or\nfor a contempt constituted by a failure by a person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse—the requirement to answer the question.\nrequirement the subject of the offence means—\nfor an offence against section 74(5) of the pre-amended Act—the requirement to comply with the notice to produce under section 74(2) of the pre-amended Act; or\nfor an offence against section 82(5) of the pre-amended Act—the requirement to comply with the attendance notice under section 82(1) of the pre-amended Act; or\nfor an offence against section 185(1) of the pre-amended Act—the requirement to produce a stated document or thing at the commission hearing under the attendance notice or section 75B requirement given under the pre-amended Act; or\nfor an offence against section 190(1) of the pre-amended Act—the requirement to answer a question put to the person at the commission hearing under the pre-amended Act by the presiding officer.\ns 434 ins 2016 No. 62 s 55\n- (a) personal physical harm or damage to the person’s property; or\n- (b) physical harm to someone else, or damage to the property of someone else, with whom the person has a connection or bond.\n- (a) for a contempt constituted by a failure by a person, under section 183, to take an oath when required by the presiding officer—the requirement to take the oath; or\n- (b) for a contempt constituted by a failure by a person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse—the requirement to produce the stated document or thing; or\n- (c) for a contempt constituted by a failure by a person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse—the requirement to answer the question.\n- (a) for an offence against section 74(5) of the pre-amended Act—the requirement to comply with the notice to produce under section 74(2) of the pre-amended Act; or\n- (b) for an offence against section 82(5) of the pre-amended Act—the requirement to comply with the attendance notice under section 82(1) of the pre-amended Act; or\n- (c) for an offence against section 185(1) of the pre-amended Act—the requirement to produce a stated document or thing at the commission hearing under the attendance notice or section 75B requirement given under the pre-amended Act; or\n- (d) for an offence against section 190(1) of the pre-amended Act—the requirement to answer a question put to the person at the commission hearing under the pre-amended Act by the presiding officer.","sortOrder":851},{"sectionNumber":"sec.435","sectionType":"section","heading":"Application of division","content":"### sec.435 Application of division\n\nThis division applies if—\na person has been convicted of an offence against the pre-amended Act, section 74(5), 82(5), 185(1) or 190(1); and\nat the time of failing to comply with the requirement the subject of the offence, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal.\nThis division also applies if—\na person has been found guilty under section 199(8) by the Supreme Court of a contempt of the presiding officer constituted by—\na failure by the person, under section 183, to take an oath when required by the presiding officer; or\na failure by the person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse; or\na failure by the person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse; and\nat the time of failing to comply with the requirement the subject of the contempt, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal.\nFor subsection (1)(b) and (2)(b), it does not matter if the reasonable excuse based on the fear of reprisal is raised by the person for the first time in an application under this division.\ns 435 ins 2016 No. 62 s 55\n(sec.435-ssec.1) This division applies if— a person has been convicted of an offence against the pre-amended Act, section 74(5), 82(5), 185(1) or 190(1); and at the time of failing to comply with the requirement the subject of the offence, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal.\n(sec.435-ssec.2) This division also applies if— a person has been found guilty under section 199(8) by the Supreme Court of a contempt of the presiding officer constituted by— a failure by the person, under section 183, to take an oath when required by the presiding officer; or a failure by the person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse; or a failure by the person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse; and at the time of failing to comply with the requirement the subject of the contempt, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal.\n(sec.435-ssec.3) For subsection (1)(b) and (2)(b), it does not matter if the reasonable excuse based on the fear of reprisal is raised by the person for the first time in an application under this division.\n- (a) a person has been convicted of an offence against the pre-amended Act, section 74(5), 82(5), 185(1) or 190(1); and\n- (b) at the time of failing to comply with the requirement the subject of the offence, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal.\n- (a) a person has been found guilty under section 199(8) by the Supreme Court of a contempt of the presiding officer constituted by— (i) a failure by the person, under section 183, to take an oath when required by the presiding officer; or (ii) a failure by the person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse; or (iii) a failure by the person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse; and\n- (i) a failure by the person, under section 183, to take an oath when required by the presiding officer; or\n- (ii) a failure by the person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse; or\n- (iii) a failure by the person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse; and\n- (b) at the time of failing to comply with the requirement the subject of the contempt, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal.\n- (i) a failure by the person, under section 183, to take an oath when required by the presiding officer; or\n- (ii) a failure by the person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse; or\n- (iii) a failure by the person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse; and","sortOrder":852},{"sectionNumber":"sec.436","sectionType":"section","heading":"Application to Supreme Court","content":"### sec.436 Application to Supreme Court\n\nThe person may apply to the Supreme Court—\nfor an offence mentioned in section 435 (1) (a) —to set aside the conviction for the offence on the grounds the person, at the time of failing to comply with the requirement the subject of the offence, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement; or\nfor a contempt mentioned in section 435 (2) (a) —to set aside the finding of guilt and any punishment for the contempt imposed by the court under section 199 (8) on the grounds the person, at the time of failing to comply with the requirement the subject of the contempt, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement.\nThe application must be made within 3 months after the commencement.\nThe court may, at any time, extend the period mentioned in subsection (2) .\nThe court must give a copy of the application to the commission.\nWithin 10 business days after the making of the application, the court must give directions to enable the application to be heard.\nSubject to any directions given by the court, the application must be heard within 20 business days after the day on which the application is made.\ns 436 ins 2016 No. 62 s 55\n(sec.436-ssec.1) The person may apply to the Supreme Court— for an offence mentioned in section 435 (1) (a) —to set aside the conviction for the offence on the grounds the person, at the time of failing to comply with the requirement the subject of the offence, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement; or for a contempt mentioned in section 435 (2) (a) —to set aside the finding of guilt and any punishment for the contempt imposed by the court under section 199 (8) on the grounds the person, at the time of failing to comply with the requirement the subject of the contempt, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement.\n(sec.436-ssec.2) The application must be made within 3 months after the commencement.\n(sec.436-ssec.3) The court may, at any time, extend the period mentioned in subsection (2) .\n(sec.436-ssec.4) The court must give a copy of the application to the commission.\n(sec.436-ssec.5) Within 10 business days after the making of the application, the court must give directions to enable the application to be heard.\n(sec.436-ssec.6) Subject to any directions given by the court, the application must be heard within 20 business days after the day on which the application is made.\n- (a) for an offence mentioned in section 435 (1) (a) —to set aside the conviction for the offence on the grounds the person, at the time of failing to comply with the requirement the subject of the offence, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement; or\n- (b) for a contempt mentioned in section 435 (2) (a) —to set aside the finding of guilt and any punishment for the contempt imposed by the court under section 199 (8) on the grounds the person, at the time of failing to comply with the requirement the subject of the contempt, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement.","sortOrder":853},{"sectionNumber":"sec.437","sectionType":"section","heading":"Hearing—offence","content":"### sec.437 Hearing—offence\n\nOn the hearing of an application under section 436 (1) (a) to set aside a conviction for the offence, the Supreme Court may—\nset aside the conviction; or\nconfirm the conviction.\nThe court may have regard to any material relevant to the application.\ns 437 ins 2016 No. 62 s 55\n(sec.437-ssec.1) On the hearing of an application under section 436 (1) (a) to set aside a conviction for the offence, the Supreme Court may— set aside the conviction; or confirm the conviction.\n(sec.437-ssec.2) The court may have regard to any material relevant to the application.\n- (a) set aside the conviction; or\n- (b) confirm the conviction.","sortOrder":854},{"sectionNumber":"sec.438","sectionType":"section","heading":"Hearing—contempt","content":"### sec.438 Hearing—contempt\n\nOn the hearing of an application under section 436 (1) (b) to set aside the finding of guilt and any punishment for the contempt imposed by the court under section 199 (8) , the Supreme Court may—\nset aside the finding of guilt and the punishment; or\nconfirm the finding of guilt and the punishment.\nThe court may have regard to any material relevant to the application.\ns 438 ins 2016 No. 62 s 55\n(sec.438-ssec.1) On the hearing of an application under section 436 (1) (b) to set aside the finding of guilt and any punishment for the contempt imposed by the court under section 199 (8) , the Supreme Court may— set aside the finding of guilt and the punishment; or confirm the finding of guilt and the punishment.\n(sec.438-ssec.2) The court may have regard to any material relevant to the application.\n- (a) set aside the finding of guilt and the punishment; or\n- (b) confirm the finding of guilt and the punishment.","sortOrder":855},{"sectionNumber":"sec.439","sectionType":"section","heading":"Appeals","content":"### sec.439 Appeals\n\nA person making an application under section 436 , or the Attorney-General, may appeal to the Court of Appeal against a decision of the Supreme Court under section 437 or 438 on any ground which involves a question of law alone.\ns 439 ins 2016 No. 62 s 55","sortOrder":856},{"sectionNumber":"sec.440","sectionType":"section","heading":"No cause of action","content":"### sec.440 No cause of action\n\nNo cause of action may be started or continued against the State in relation to any period of imprisonment the person may have actually served in relation to a conviction for an offence, or a finding of guilt and imposition of punishment for contempt, set aside under this division.\ns 440 ins 2016 No. 62 s 55","sortOrder":857},{"sectionNumber":"ch.8-pt.15","sectionType":"part","heading":"Crime and Corruption and Other Legislation Amendment Act 2018","content":"# Crime and Corruption and Other Legislation Amendment Act 2018","sortOrder":858},{"sectionNumber":"ch.8-pt.15-div.1","sectionType":"division","heading":"Amendments commencing on assent","content":"## Amendments commencing on assent","sortOrder":859},{"sectionNumber":"sec.441","sectionType":"section","heading":"Corruption functions","content":"### sec.441 Corruption functions\n\nThe commission may perform its corruption functions under section 33(2) in relation to conduct that happened, or that is suspected to have happened, before the commencement.\nThis Act as in force from the commencement applies to a corruption investigation—\nstarted but not finished before the commencement; or\nstarted after the commencement in relation to conduct that happened, or that is suspected to have happened, before the commencement.\ns 441 ins 2018 No. 29 s 43\n(sec.441-ssec.1) The commission may perform its corruption functions under section 33(2) in relation to conduct that happened, or that is suspected to have happened, before the commencement.\n(sec.441-ssec.2) This Act as in force from the commencement applies to a corruption investigation— started but not finished before the commencement; or started after the commencement in relation to conduct that happened, or that is suspected to have happened, before the commencement.\n- (a) started but not finished before the commencement; or\n- (b) started after the commencement in relation to conduct that happened, or that is suspected to have happened, before the commencement.","sortOrder":860},{"sectionNumber":"sec.442","sectionType":"section","heading":"Reports to prosecuting authorities","content":"### sec.442 Reports to prosecuting authorities\n\nThis section applies if, before the commencement, the commission reported on an investigation of a complaint about, or information or matter involving, corruption to the director of public prosecutions under section 49(2)(a) as in force before the commencement.\nSection 49(5) as in force immediately before the commencement continues to apply in relation to the matters the subject of the report.\ns 442 ins 2018 No. 29 s 43\n(sec.442-ssec.1) This section applies if, before the commencement, the commission reported on an investigation of a complaint about, or information or matter involving, corruption to the director of public prosecutions under section 49(2)(a) as in force before the commencement.\n(sec.442-ssec.2) Section 49(5) as in force immediately before the commencement continues to apply in relation to the matters the subject of the report.","sortOrder":861},{"sectionNumber":"sec.443","sectionType":"section","heading":"QCAT orders about corrupt conduct","content":"### sec.443 QCAT orders about corrupt conduct\n\nQCAT may make an order under section 219I against a prescribed person, as defined under section 50(3), in relation to corrupt conduct whether or not the person was a prescribed person under section 50 as in force when the conduct happened.\ns 443 ins 2018 No. 29 s 43","sortOrder":862},{"sectionNumber":"sec.444","sectionType":"section","heading":"Period for starting proceedings relating to reviewable decisions","content":"### sec.444 Period for starting proceedings relating to reviewable decisions\n\nSection 219G(2) as in force before the commencement continues to apply to a reviewable decision made before the commencement.\nSection 219G(2) as in force from the commencement applies in relation to a reviewable decision made after the commencement even if the decision relates to conduct that happened before the commencement.\ns 444 ins 2018 No. 29 s 43\n(sec.444-ssec.1) Section 219G(2) as in force before the commencement continues to apply to a reviewable decision made before the commencement.\n(sec.444-ssec.2) Section 219G(2) as in force from the commencement applies in relation to a reviewable decision made after the commencement even if the decision relates to conduct that happened before the commencement.","sortOrder":863},{"sectionNumber":"sec.445","sectionType":"section","heading":"Disciplinary action against a relevant commission officer who was a relevant employee","content":"### sec.445 Disciplinary action against a relevant commission officer who was a relevant employee\n\nThis section applies to a person who is a relevant commission officer and was a relevant employee.\nThe person may be disciplined under chapter 6, part 1, division 9, subdivision 3 only in relation to a relevant disciplinary ground arising on or after 3 February 2017.\nParticular provisions of the Public Service Act 2008 about disciplinary action have applied to the commission, as a public service office under that Act, since 3 February 2017.\nHowever, if the relevant disciplinary ground arising on or after 3 February 2017 relates to conduct that is a part of a course of conduct that also includes conduct giving rise to a relevant disciplinary ground arising before 3 February 2017, the person may be disciplined under chapter 6, part 1, division 9, subdivision 3 in relation to all of the grounds as if they all arose on or after 3 February 2017.\nSubsection (3) does not apply in relation to a relevant disciplinary ground arising before 3 February 2017 if disciplinary action has been, or is being, taken in relation to the ground under this Act or a relevant disciplinary law for the person within the meaning of section 273AA(3).\nIf, at the commencement, the chairperson is taking disciplinary action under the Public Service Act 2008 , section 187A or 188AB in relation to a person to whom this section applies—\nthe chairperson must stop taking the disciplinary action under the Public Service Act 2008 ; and\nthe disciplinary action may be continued under chapter 6, part 1, division 9, subdivision 3; and\nanything done under the Public Service Act 2008 in relation to the disciplinary action by the chairperson is taken to have been done under chapter 6, part 1, division 9, subdivision 3 by the chief executive officer.\nIn this section—\nrelevant commission officer see section 273A.\nrelevant employee see section 273A.\ns 445 ins 2018 No. 29 s 43\n(sec.445-ssec.1) This section applies to a person who is a relevant commission officer and was a relevant employee.\n(sec.445-ssec.2) The person may be disciplined under chapter 6, part 1, division 9, subdivision 3 only in relation to a relevant disciplinary ground arising on or after 3 February 2017. Particular provisions of the Public Service Act 2008 about disciplinary action have applied to the commission, as a public service office under that Act, since 3 February 2017.\n(sec.445-ssec.3) However, if the relevant disciplinary ground arising on or after 3 February 2017 relates to conduct that is a part of a course of conduct that also includes conduct giving rise to a relevant disciplinary ground arising before 3 February 2017, the person may be disciplined under chapter 6, part 1, division 9, subdivision 3 in relation to all of the grounds as if they all arose on or after 3 February 2017.\n(sec.445-ssec.4) Subsection (3) does not apply in relation to a relevant disciplinary ground arising before 3 February 2017 if disciplinary action has been, or is being, taken in relation to the ground under this Act or a relevant disciplinary law for the person within the meaning of section 273AA(3).\n(sec.445-ssec.5) If, at the commencement, the chairperson is taking disciplinary action under the Public Service Act 2008 , section 187A or 188AB in relation to a person to whom this section applies— the chairperson must stop taking the disciplinary action under the Public Service Act 2008 ; and the disciplinary action may be continued under chapter 6, part 1, division 9, subdivision 3; and anything done under the Public Service Act 2008 in relation to the disciplinary action by the chairperson is taken to have been done under chapter 6, part 1, division 9, subdivision 3 by the chief executive officer.\n(sec.445-ssec.6) In this section— relevant commission officer see section 273A. relevant employee see section 273A.\n- (a) the chairperson must stop taking the disciplinary action under the Public Service Act 2008 ; and\n- (b) the disciplinary action may be continued under chapter 6, part 1, division 9, subdivision 3; and\n- (c) anything done under the Public Service Act 2008 in relation to the disciplinary action by the chairperson is taken to have been done under chapter 6, part 1, division 9, subdivision 3 by the chief executive officer.","sortOrder":864},{"sectionNumber":"sec.446","sectionType":"section","heading":"Sharing disciplinary information","content":"### sec.446 Sharing disciplinary information\n\nSections 273DA and 273DB apply only in relation to a request for information made after the commencement.\nHowever, a request mentioned in column 1 made but not complied with before the commencement is taken to be a request mentioned in column 2 made after the commencement—\nColumn 1\nColumn 2\nrequest under the Public Service Act 2008 , section 188B to the chairperson in relation to a person who is or was a relevant commission officer\nrequest under section 273DA to the chief executive officer\nrequest under the Public Service Act 2008 , section 188B by the chairperson in relation to a person who is or was a relevant employee\nrequest under section 273DB by the chief executive officer\ns 446 ins 2018 No. 29 s 43\n(sec.446-ssec.1) Sections 273DA and 273DB apply only in relation to a request for information made after the commencement.\n(sec.446-ssec.2) However, a request mentioned in column 1 made but not complied with before the commencement is taken to be a request mentioned in column 2 made after the commencement— Column 1 Column 2 request under the Public Service Act 2008 , section 188B to the chairperson in relation to a person who is or was a relevant commission officer request under section 273DA to the chief executive officer request under the Public Service Act 2008 , section 188B by the chairperson in relation to a person who is or was a relevant employee request under section 273DB by the chief executive officer","sortOrder":865},{"sectionNumber":"sec.447","sectionType":"section","heading":"Notification of prosecution proceedings by relevant prosecuting authorities","content":"### sec.447 Notification of prosecution proceedings by relevant prosecuting authorities\n\nSection 273H applies only in relation to a person charged with a relevant offence on or after 3 February 2017.\nThe Public Service Act 2008 , section 170 has applied to the commission, as a public service office under that Act, in relation to all of the commission’s employees since 3 February 2017.\nA written notice given to the chairperson under the Public Service Act 2008 , section 170 —\nis, from the commencement, taken to have been given to the chief executive officer under section 273H; and\nmay be dealt with by the chief executive officer under this Act.\ns 447 ins 2018 No. 29 s 43\n(sec.447-ssec.1) Section 273H applies only in relation to a person charged with a relevant offence on or after 3 February 2017. The Public Service Act 2008 , section 170 has applied to the commission, as a public service office under that Act, in relation to all of the commission’s employees since 3 February 2017.\n(sec.447-ssec.2) A written notice given to the chairperson under the Public Service Act 2008 , section 170 — is, from the commencement, taken to have been given to the chief executive officer under section 273H; and may be dealt with by the chief executive officer under this Act.\n- (a) is, from the commencement, taken to have been given to the chief executive officer under section 273H; and\n- (b) may be dealt with by the chief executive officer under this Act.","sortOrder":866},{"sectionNumber":"sec.448","sectionType":"section","heading":"Liability of officials and others","content":"### sec.448 Liability of officials and others\n\nCurrent section 335 does not apply to conduct, or the result of conduct, engaged in by a protected entity before the commencement.\nPrevious section 335 continues to apply to an act done, or omission made, by an official before the commencement.\nAlso, the Public Service Act 2008 , section 26C continues to apply to conduct engaged in by a commission officer before the commencement.\nHowever, if a protected entity engages in conduct to which current section 335 applies after the commencement and the conduct is a part of a course of conduct that also includes conduct engaged in before the commencement, current section 335 applies to all of the conduct as if it was all engaged in after the commencement.\nA term used in this section in relation to current section 335 or previous section 335 has the meaning it has under that section.\nIn this section—\ncurrent section 335 means section 335 as in force from the commencement.\nprevious section 335 means section 335 as in force before the commencement.\ns 448 ins 2018 No. 29 s 43\n(sec.448-ssec.1) Current section 335 does not apply to conduct, or the result of conduct, engaged in by a protected entity before the commencement.\n(sec.448-ssec.2) Previous section 335 continues to apply to an act done, or omission made, by an official before the commencement.\n(sec.448-ssec.3) Also, the Public Service Act 2008 , section 26C continues to apply to conduct engaged in by a commission officer before the commencement.\n(sec.448-ssec.4) However, if a protected entity engages in conduct to which current section 335 applies after the commencement and the conduct is a part of a course of conduct that also includes conduct engaged in before the commencement, current section 335 applies to all of the conduct as if it was all engaged in after the commencement.\n(sec.448-ssec.5) A term used in this section in relation to current section 335 or previous section 335 has the meaning it has under that section.\n(sec.448-ssec.6) In this section— current section 335 means section 335 as in force from the commencement. previous section 335 means section 335 as in force before the commencement.","sortOrder":867},{"sectionNumber":"ch.8-pt.15-div.2","sectionType":"division","heading":"Amendments commencing by proclamation","content":"## Amendments commencing by proclamation","sortOrder":868},{"sectionNumber":"sec.449","sectionType":"section","heading":"Existing complaints about corrupt conduct","content":"### sec.449 Existing complaints about corrupt conduct\n\nThis section applies to the following—\na complaint about corrupt conduct made or referred to the commission, but not finally dealt with, before the commencement;\na complaint that a public official reasonably suspects involves, or may involve, corrupt conduct that was made or referred to the public official, but not notified, before the commencement.\nThe complaint must be dealt with and, for a complaint mentioned in subsection (1)(b), notified in the context of corrupt conduct within the meaning of section 15 as in force on the commencement.\nIn this section—\ncomplaint , about corrupt conduct, includes information or a matter involving corrupt conduct.\ndealt with means dealt with under this Act.\nnotified means notified to the commission under chapter 2, part 3, division 3.\ns 449 ins 2018 No. 29 s 44\n(sec.449-ssec.1) This section applies to the following— a complaint about corrupt conduct made or referred to the commission, but not finally dealt with, before the commencement; a complaint that a public official reasonably suspects involves, or may involve, corrupt conduct that was made or referred to the public official, but not notified, before the commencement.\n(sec.449-ssec.2) The complaint must be dealt with and, for a complaint mentioned in subsection (1)(b), notified in the context of corrupt conduct within the meaning of section 15 as in force on the commencement.\n(sec.449-ssec.3) In this section— complaint , about corrupt conduct, includes information or a matter involving corrupt conduct. dealt with means dealt with under this Act. notified means notified to the commission under chapter 2, part 3, division 3.\n- (a) a complaint about corrupt conduct made or referred to the commission, but not finally dealt with, before the commencement;\n- (b) a complaint that a public official reasonably suspects involves, or may involve, corrupt conduct that was made or referred to the public official, but not notified, before the commencement.","sortOrder":869},{"sectionNumber":"sec.450","sectionType":"section","heading":"Existing disciplinary proceedings about corrupt conduct","content":"### sec.450 Existing disciplinary proceedings about corrupt conduct\n\nThis section applies to a disciplinary proceeding about corrupt conduct started, but not finished, before the commencement.\nQCAT must hear and decide the disciplinary proceeding under this Act in the context of corrupt conduct within the meaning of section 15 as in force before the commencement.\nIn this section—\ndisciplinary proceeding means disciplinary proceeding within the meaning of section 219B as in force before the commencement.\ns 450 ins 2018 No. 29 s 44\n(sec.450-ssec.1) This section applies to a disciplinary proceeding about corrupt conduct started, but not finished, before the commencement.\n(sec.450-ssec.2) QCAT must hear and decide the disciplinary proceeding under this Act in the context of corrupt conduct within the meaning of section 15 as in force before the commencement.\n(sec.450-ssec.3) In this section— disciplinary proceeding means disciplinary proceeding within the meaning of section 219B as in force before the commencement.","sortOrder":870},{"sectionNumber":"ch.8-pt.16","sectionType":"part","heading":"Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019","content":"# Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019","sortOrder":871},{"sectionNumber":"sec.451","sectionType":"section","heading":"Definition for part","content":"### sec.451 Definition for part\n\nIn this part—\nprevious , in relation to a provision of this Act or the Police Service Administration Act 1990 , means as in force from time to time before the commencement.\ns 451 ins 2019 No. 32 s 29","sortOrder":872},{"sectionNumber":"sec.452","sectionType":"section","heading":"Saving of previous ch 5, pt 2","content":"### sec.452 Saving of previous ch 5, pt 2\n\nThis section applies in relation to a previous ch 5, pt 2 decision if—\na disciplinary proceeding under previous section 219G for the decision was started, but not finally dealt with, before the commencement; or\nthe period for applying for a review of the decision under previous section 219G had not ended immediately before the commencement.\nAlso, this section applies in relation to a finding mentioned in the Police Service Administration Act 1990 , previous section 7 .4(2A)(b) or 7A.5(1)(b), as applied by part 11 , division 10 of that Act, about an allegation of corruption, except if section 11.21 applies in relation to the finding.\nPrevious chapter 5, part 2 applies for the review of the decision or finding as if the Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019 had not commenced.\nIn this section—\nprevious ch 5, pt 2 decision means—\na decision made before the commencement in relation to an allegation of corruption against a prescribed person who was an officer within the meaning of previous section 219B; or\na finding mentioned in the Police Service Administration Act 1990 , previous section 7 .4(2A)(b) made before the commencement.\ns 452 ins 2019 No. 32 s 29\n(sec.452-ssec.1) This section applies in relation to a previous ch 5, pt 2 decision if— a disciplinary proceeding under previous section 219G for the decision was started, but not finally dealt with, before the commencement; or the period for applying for a review of the decision under previous section 219G had not ended immediately before the commencement.\n(sec.452-ssec.2) Also, this section applies in relation to a finding mentioned in the Police Service Administration Act 1990 , previous section 7 .4(2A)(b) or 7A.5(1)(b), as applied by part 11 , division 10 of that Act, about an allegation of corruption, except if section 11.21 applies in relation to the finding.\n(sec.452-ssec.3) Previous chapter 5, part 2 applies for the review of the decision or finding as if the Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019 had not commenced.\n(sec.452-ssec.4) In this section— previous ch 5, pt 2 decision means— a decision made before the commencement in relation to an allegation of corruption against a prescribed person who was an officer within the meaning of previous section 219B; or a finding mentioned in the Police Service Administration Act 1990 , previous section 7 .4(2A)(b) made before the commencement.\n- (a) a disciplinary proceeding under previous section 219G for the decision was started, but not finally dealt with, before the commencement; or\n- (b) the period for applying for a review of the decision under previous section 219G had not ended immediately before the commencement.\n- (a) a decision made before the commencement in relation to an allegation of corruption against a prescribed person who was an officer within the meaning of previous section 219B; or\n- (b) a finding mentioned in the Police Service Administration Act 1990 , previous section 7 .4(2A)(b) made before the commencement.","sortOrder":873},{"sectionNumber":"sec.452A","sectionType":"section","heading":"Application of ch 5, pt 2—particular reviewable decisions relating to former officers","content":"### sec.452A Application of ch 5, pt 2—particular reviewable decisions relating to former officers\n\nThis section applies in relation to a decision made after the commencement under the Police Service Administration Act 1990 , part 7A to do neither of the following in relation to a former officer—\ngive the former officer a written notice under section 7A.3(1)(a) of that Act;\nhold a disciplinary hearing under section 7A.3(1)(b) of that Act.\nChapter 5, part 2, as amended by the Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019 , applies to the reviewable decision even if it relates to a disciplinary ground that arose before the commencement.\nSee also the Police Service Administration Act 1990 , section 11 .26.\nIn this section—\ndisciplinary ground has the meaning given under the Police Service Administration Act 1990 , previous section 1 .4.\ns 452A ins 2019 No. 32 s 29\n(sec.452A-ssec.1) This section applies in relation to a decision made after the commencement under the Police Service Administration Act 1990 , part 7A to do neither of the following in relation to a former officer— give the former officer a written notice under section 7A.3(1)(a) of that Act; hold a disciplinary hearing under section 7A.3(1)(b) of that Act.\n(sec.452A-ssec.2) Chapter 5, part 2, as amended by the Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019 , applies to the reviewable decision even if it relates to a disciplinary ground that arose before the commencement. See also the Police Service Administration Act 1990 , section 11 .26.\n(sec.452A-ssec.3) In this section— disciplinary ground has the meaning given under the Police Service Administration Act 1990 , previous section 1 .4.\n- (a) give the former officer a written notice under section 7A.3(1)(a) of that Act;\n- (b) hold a disciplinary hearing under section 7A.3(1)(b) of that Act.","sortOrder":874},{"sectionNumber":"sec.453","sectionType":"section","heading":"Ending of particular suspensions under previous s 219L","content":"### sec.453 Ending of particular suspensions under previous s 219L\n\nThis section applies if—\nunder previous section 219L, QCAT suspended or suspends an order made under previous section 219I or discipline mentioned in previous section 219J(2); and\nthe prescribed person is a person mentioned in section 50(3), definition prescribed person , paragraph (a)(i); and\nduring the operational period, the prescribed person is found to have committed an act of corruption or to have contravened a condition of the suspension.\nSection 219L(4), as in force on the commencement, applies in relation to the revocation of the suspension.\nSubsection (2) applies despite section 452(3).\nIn this section—\nprevious section 219L includes previous section 219L as applied by section 452.\ns 453 ins 2019 No. 32 s 29\n(sec.453-ssec.1) This section applies if— under previous section 219L, QCAT suspended or suspends an order made under previous section 219I or discipline mentioned in previous section 219J(2); and the prescribed person is a person mentioned in section 50(3), definition prescribed person , paragraph (a)(i); and during the operational period, the prescribed person is found to have committed an act of corruption or to have contravened a condition of the suspension.\n(sec.453-ssec.2) Section 219L(4), as in force on the commencement, applies in relation to the revocation of the suspension.\n(sec.453-ssec.3) Subsection (2) applies despite section 452(3).\n(sec.453-ssec.4) In this section— previous section 219L includes previous section 219L as applied by section 452.\n- (a) under previous section 219L, QCAT suspended or suspends an order made under previous section 219I or discipline mentioned in previous section 219J(2); and\n- (b) the prescribed person is a person mentioned in section 50(3), definition prescribed person , paragraph (a)(i); and\n- (c) during the operational period, the prescribed person is found to have committed an act of corruption or to have contravened a condition of the suspension.","sortOrder":875},{"sectionNumber":"ch.8-pt.17","sectionType":"part","heading":"Police Powers and Responsibilities and Other Legislation Amendment Act 2020","content":"# Police Powers and Responsibilities and Other Legislation Amendment Act 2020","sortOrder":876},{"sectionNumber":"sec.454","sectionType":"section","heading":"Definitions for part","content":"### sec.454 Definitions for part\n\nIn this part—\namending Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2020 .\nformer , in relation to a provision, means as in force from time to time before the provision was amended by part 3 of the amending Act.\ns 454 ins 2020 No. 7 s 10","sortOrder":877},{"sectionNumber":"sec.455","sectionType":"section","heading":"Particular applications or orders made before commencement","content":"### sec.455 Particular applications or orders made before commencement\n\nThis section applies in relation to—\nan application for an order under former section 88A or 88B that was made but not decided before the commencement; or\nan order made before the commencement under former section 88A or 88B to the extent a power under the order was not exercised before the commencement.\nEach of the following may happen under the former section as if part 3 of the amending Act had not commenced—\na proceeding relating to the application or order may be continued or decided;\na power under the order mentioned in subsection (1)(b) may be exercised.\ns 455 ins 2020 No. 7 s 10\n(sec.455-ssec.1) This section applies in relation to— an application for an order under former section 88A or 88B that was made but not decided before the commencement; or an order made before the commencement under former section 88A or 88B to the extent a power under the order was not exercised before the commencement.\n(sec.455-ssec.2) Each of the following may happen under the former section as if part 3 of the amending Act had not commenced— a proceeding relating to the application or order may be continued or decided; a power under the order mentioned in subsection (1)(b) may be exercised.\n- (a) an application for an order under former section 88A or 88B that was made but not decided before the commencement; or\n- (b) an order made before the commencement under former section 88A or 88B to the extent a power under the order was not exercised before the commencement.\n- (a) a proceeding relating to the application or order may be continued or decided;\n- (b) a power under the order mentioned in subsection (1)(b) may be exercised.","sortOrder":878},{"sectionNumber":"sec.456","sectionType":"section","heading":"Declaratory provision about effect of amending Act","content":"### sec.456 Declaratory provision about effect of amending Act\n\nThis section applies for deciding, after the commencement, a matter to which a provision of former chapter 3, part 2 applies.\nThe amendment of the former provision by the amending Act is to be disregarded.\ns 456 ins 2020 No. 7 s 10\n(sec.456-ssec.1) This section applies for deciding, after the commencement, a matter to which a provision of former chapter 3, part 2 applies.\n(sec.456-ssec.2) The amendment of the former provision by the amending Act is to be disregarded.","sortOrder":879},{"sectionNumber":"ch.8-pt.18","sectionType":"part","heading":"Integrity and Other Legislation Amendment Act 2024","content":"# Integrity and Other Legislation Amendment Act 2024","sortOrder":880},{"sectionNumber":"sec.457","sectionType":"section","heading":"Matters relating to funding","content":"### sec.457 Matters relating to funding\n\nChapter 6, part 1, division 6A applies in relation to the commission for the next financial year and each subsequent financial year.\nIn this section—\nnext financial year means the next financial year to start after this section commences.\ns 457 ins 2024 No. 3 s 25\n(sec.457-ssec.1) Chapter 6, part 1, division 6A applies in relation to the commission for the next financial year and each subsequent financial year.\n(sec.457-ssec.2) In this section— next financial year means the next financial year to start after this section commences.","sortOrder":881},{"sectionNumber":"ch.8-pt.19","sectionType":"part","heading":"Emblems of Queensland and Other Legislation Amendment Act 2023","content":"# Emblems of Queensland and Other Legislation Amendment Act 2023","sortOrder":882},{"sectionNumber":"sec.458","sectionType":"section","heading":"Validation of quorum and voting at particular meetings of parliamentary committee","content":"### sec.458 Validation of quorum and voting at particular meetings of parliamentary committee\n\nSubsection (2) applies if, in a meeting of the parliamentary committee held during the validation period, the committee reached quorum only by counting 1 or more members of the committee who were not present in person.\nThe parliamentary committee is declared to be, and always to have been, as validly quorate as it would have been if the 1 or more members were present in person.\nSubsection (4) applies if, in a meeting of the parliamentary committee held during the validation period, the committee decided a question by counting a vote of 1 or more members of the committee who were not present in person.\nThe question is declared to be, and always to have been, as validly decided as it would have been if the 1 or more members were present in person.\nIn this section—\nparliamentary committee includes the Criminal Justice Committee of the Legislative Assembly established under the repealed Criminal Justice Act 1989 , section 115 .\nvalidation period means the period—\nstarting on 23 April 1998; and\nending on the commencement.\ns 458 ins 2023 No. 31 s 4\n(sec.458-ssec.1) Subsection (2) applies if, in a meeting of the parliamentary committee held during the validation period, the committee reached quorum only by counting 1 or more members of the committee who were not present in person.\n(sec.458-ssec.2) The parliamentary committee is declared to be, and always to have been, as validly quorate as it would have been if the 1 or more members were present in person.\n(sec.458-ssec.3) Subsection (4) applies if, in a meeting of the parliamentary committee held during the validation period, the committee decided a question by counting a vote of 1 or more members of the committee who were not present in person.\n(sec.458-ssec.4) The question is declared to be, and always to have been, as validly decided as it would have been if the 1 or more members were present in person.\n(sec.458-ssec.5) In this section— parliamentary committee includes the Criminal Justice Committee of the Legislative Assembly established under the repealed Criminal Justice Act 1989 , section 115 . validation period means the period— starting on 23 April 1998; and ending on the commencement. s 458 ins 2023 No. 31 s 4\n- (a) starting on 23 April 1998; and\n- (b) ending on the commencement.","sortOrder":883},{"sectionNumber":"ch.8-pt.20","sectionType":"part","heading":"Crime and Corruption and Other Legislation Amendment Act 2024","content":"# Crime and Corruption and Other Legislation Amendment Act 2024","sortOrder":884},{"sectionNumber":"sec.459","sectionType":"section","heading":"Application of ch 2, pt 3, div 5, sdiv 2 to prosecution of corruption offences","content":"### sec.459 Application of ch 2, pt 3, div 5, sdiv 2 to prosecution of corruption offences\n\nChapter 2, part 3, division 5, subdivision 2 applies only in relation to the prosecution of a corruption offence—\nthat is commenced against a person after the commencement of this section; and\nwhether the investigation from which the prosecution arises commenced before or after the commencement of this section.\ns 459 ins 2024 No. 41 s 47\n- (a) that is commenced against a person after the commencement of this section; and\n- (b) whether the investigation from which the prosecution arises commenced before or after the commencement of this section.","sortOrder":885},{"sectionNumber":"sec.460","sectionType":"section","heading":"Claims of reasonable excuse","content":"### sec.460 Claims of reasonable excuse\n\nThis section applies in relation to a person if—\nbefore the commencement—\nthe person was given a notice to discover, notice to produce or an attendance notice; and\na requirement was made of the person under the notice to—\nproduce a document, thing or information to the commission; or\nprovide information in answer to a question at a commission hearing; and\neither of the following applies—\nthe period within which the person must produce the document, thing or information ends on or after the commencement and the person has not complied with the requirement before the commencement;\nthe stated time at which the person is required to attend at the commission hearing to produce the document, thing or information, or provide information in answer to a question, is on or after the commencement; and\non or after the commencement, the person makes a claim of reasonable excuse, including privilege.\nThis Act as in force from the commencement applies to the person.\ns 460 ins 2024 No. 41 s 47\n(sec.460-ssec.1) This section applies in relation to a person if— before the commencement— the person was given a notice to discover, notice to produce or an attendance notice; and a requirement was made of the person under the notice to— produce a document, thing or information to the commission; or provide information in answer to a question at a commission hearing; and either of the following applies— the period within which the person must produce the document, thing or information ends on or after the commencement and the person has not complied with the requirement before the commencement; the stated time at which the person is required to attend at the commission hearing to produce the document, thing or information, or provide information in answer to a question, is on or after the commencement; and on or after the commencement, the person makes a claim of reasonable excuse, including privilege.\n(sec.460-ssec.2) This Act as in force from the commencement applies to the person.\n- (a) before the commencement— (i) the person was given a notice to discover, notice to produce or an attendance notice; and (ii) a requirement was made of the person under the notice to— (A) produce a document, thing or information to the commission; or (B) provide information in answer to a question at a commission hearing; and\n- (i) the person was given a notice to discover, notice to produce or an attendance notice; and\n- (ii) a requirement was made of the person under the notice to— (A) produce a document, thing or information to the commission; or (B) provide information in answer to a question at a commission hearing; and\n- (A) produce a document, thing or information to the commission; or\n- (B) provide information in answer to a question at a commission hearing; and\n- (b) either of the following applies— (i) the period within which the person must produce the document, thing or information ends on or after the commencement and the person has not complied with the requirement before the commencement; (ii) the stated time at which the person is required to attend at the commission hearing to produce the document, thing or information, or provide information in answer to a question, is on or after the commencement; and\n- (i) the period within which the person must produce the document, thing or information ends on or after the commencement and the person has not complied with the requirement before the commencement;\n- (ii) the stated time at which the person is required to attend at the commission hearing to produce the document, thing or information, or provide information in answer to a question, is on or after the commencement; and\n- (c) on or after the commencement, the person makes a claim of reasonable excuse, including privilege.\n- (i) the person was given a notice to discover, notice to produce or an attendance notice; and\n- (ii) a requirement was made of the person under the notice to— (A) produce a document, thing or information to the commission; or (B) provide information in answer to a question at a commission hearing; and\n- (A) produce a document, thing or information to the commission; or\n- (B) provide information in answer to a question at a commission hearing; and\n- (A) produce a document, thing or information to the commission; or\n- (B) provide information in answer to a question at a commission hearing; and\n- (i) the period within which the person must produce the document, thing or information ends on or after the commencement and the person has not complied with the requirement before the commencement;\n- (ii) the stated time at which the person is required to attend at the commission hearing to produce the document, thing or information, or provide information in answer to a question, is on or after the commencement; and","sortOrder":886},{"sectionNumber":"sec.461","sectionType":"section","heading":"Misdemeanours","content":"### sec.461 Misdemeanours\n\nSections 82(6) and 183(2) apply only in relation to an offence committed after the commencement.\ns 461 ins 2024 No. 41 s 47","sortOrder":887},{"sectionNumber":"sec.462","sectionType":"section","heading":"Attendance at commission hearings under s 182A","content":"### sec.462 Attendance at commission hearings under s 182A\n\nSection 182A applies to the attendance of a person at a commission hearing under an attendance notice whether the attendance notice was issued before or after the commencement.\ns 462 ins 2024 No. 41 s 47","sortOrder":888},{"sectionNumber":"sec.463","sectionType":"section","heading":"When document, thing or information given to journalist","content":"### sec.463 When document, thing or information given to journalist\n\nFor section 205D(1)(c), it is irrelevant whether the informant gave the document, thing or information to the journalist before or after the commencement.\ns 463 ins 2024 No. 41 s 47","sortOrder":889},{"sectionNumber":"sec.464","sectionType":"section","heading":"Reference in s 211","content":"### sec.464 Reference in s 211\n\nIn section 211(c) a reference to section 81F is taken to include a reference to former section 75.\nIn this section—\nformer section 75 means the provision of that number as in force from time to time before the commencement.\ns 464 ins 2024 No. 41 s 47\n(sec.464-ssec.1) In section 211(c) a reference to section 81F is taken to include a reference to former section 75.\n(sec.464-ssec.2) In this section— former section 75 means the provision of that number as in force from time to time before the commencement.","sortOrder":890},{"sectionNumber":"sec.465","sectionType":"section","heading":"Application of s 225 to existing ordinary commissioners and particular new appointments","content":"### sec.465 Application of s 225 to existing ordinary commissioners and particular new appointments\n\nSection 225(2) as in force immediately before the commencement continues to apply to an ordinary commissioner who holds office on the commencement despite the amendment of that section by the Crime and Corruption and Other Legislation Amendment Act 2024 .\nIf, at the time of the appointment of an ordinary commissioner (the appointee ), none of the ordinary commissioners holds the qualifications mentioned in section 225(2)(b)—\nsection 225(2)(b) does not apply to the appointment; and\nthe appointee must hold the qualifications mentioned in section 225(2)(b).\ns 465 ins 2024 No. 41 s 47\n(sec.465-ssec.1) Section 225(2) as in force immediately before the commencement continues to apply to an ordinary commissioner who holds office on the commencement despite the amendment of that section by the Crime and Corruption and Other Legislation Amendment Act 2024 .\n(sec.465-ssec.2) If, at the time of the appointment of an ordinary commissioner (the appointee ), none of the ordinary commissioners holds the qualifications mentioned in section 225(2)(b)— section 225(2)(b) does not apply to the appointment; and the appointee must hold the qualifications mentioned in section 225(2)(b).\n- (a) section 225(2)(b) does not apply to the appointment; and\n- (b) the appointee must hold the qualifications mentioned in section 225(2)(b).","sortOrder":891},{"sectionNumber":"sec.466","sectionType":"section","heading":"Application of provisions about responses to consultation on nominations under s 228","content":"### sec.466 Application of provisions about responses to consultation on nominations under s 228\n\nSection 228(2) and (3) applies to consultation by the Minister on a nomination only if the consultation starts after the commencement.\nSection 292(1)(h) applies to information about the parliamentary committee’s involvement in a nomination only if the Minister’s consultation on the nomination starts after the commencement.\ns 466 ins 2024 No. 41 s 47\n(sec.466-ssec.1) Section 228(2) and (3) applies to consultation by the Minister on a nomination only if the consultation starts after the commencement.\n(sec.466-ssec.2) Section 292(1)(h) applies to information about the parliamentary committee’s involvement in a nomination only if the Minister’s consultation on the nomination starts after the commencement.","sortOrder":892},{"sectionNumber":"sec.467","sectionType":"section","heading":"Application of former s 231 to commissioners","content":"### sec.467 Application of former s 231 to commissioners\n\nSection 231 as in force immediately before the commencement continues to apply to a commissioner who holds office on the commencement despite the replacement of that section by the Crime and Corruption and Other Legislation Amendment Act 2024 .\ns 467 ins 2024 No. 41 s 47","sortOrder":893},{"sectionNumber":"sec.468","sectionType":"section","heading":"Application of s 257 to particular commission officers","content":"### sec.468 Application of s 257 to particular commission officers\n\nSection 257, as amended by the Crime and Corruption and Other Legislation Amendment Act 2024 , applies to a commission officer engaged by the commission under section 256 only if—\nthe officer was engaged after the commencement; or\nif the officer was engaged before the commencement (an existing engagement )—the officer is further engaged after the commencement and the further engagement is a replacement or renewal of the existing engagement.\ns 468 ins 2024 No. 41 s 47\n- (a) the officer was engaged after the commencement; or\n- (b) if the officer was engaged before the commencement (an existing engagement )—the officer is further engaged after the commencement and the further engagement is a replacement or renewal of the existing engagement.","sortOrder":894},{"sectionNumber":"sec.469","sectionType":"section","heading":"Application of former s 374 to particular applications for access to data and records of CJC inquiry","content":"### sec.469 Application of former s 374 to particular applications for access to data and records of CJC inquiry\n\nUntil the parliamentary commissioner makes a request of the archivist under section 346C(2) in relation to the data and records of the CJC inquiry, a person may apply for access to the data and records under former section 374(2).\nSubsection (3) applies if an application under former section 374(2)—\nwas made before the commencement and on the commencement is not decided; or\nis made after the commencement.\nIf the parliamentary commissioner is satisfied the person has a legitimate need to access the data and records, the commissioner must give the person access to them.\nIf an application mentioned in subsection (2) is not decided at the time the parliamentary commissioner makes a request of the archivist under section 346C(2), section 346C(5) applies to the application.\nIn this section—\narchivist see section 346C(11).\nCJC inquiry see section 346C(11).\nformer section 374(2) means the provision of that number as in force immediately before the commencement.\ns 469 ins 2024 No. 41 s 47\n(sec.469-ssec.1) Until the parliamentary commissioner makes a request of the archivist under section 346C(2) in relation to the data and records of the CJC inquiry, a person may apply for access to the data and records under former section 374(2).\n(sec.469-ssec.2) Subsection (3) applies if an application under former section 374(2)— was made before the commencement and on the commencement is not decided; or is made after the commencement.\n(sec.469-ssec.3) If the parliamentary commissioner is satisfied the person has a legitimate need to access the data and records, the commissioner must give the person access to them.\n(sec.469-ssec.4) If an application mentioned in subsection (2) is not decided at the time the parliamentary commissioner makes a request of the archivist under section 346C(2), section 346C(5) applies to the application.\n(sec.469-ssec.5) In this section— archivist see section 346C(11). CJC inquiry see section 346C(11). former section 374(2) means the provision of that number as in force immediately before the commencement.\n- (a) was made before the commencement and on the commencement is not decided; or\n- (b) is made after the commencement.","sortOrder":895},{"sectionNumber":"ch.8-pt.21","sectionType":"part","heading":"Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025","content":"# Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025","sortOrder":896},{"sectionNumber":"sec.470","sectionType":"section","heading":"Definitions for part","content":"### sec.470 Definitions for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 470 ins 2025 No. 7 s 30","sortOrder":897},{"sectionNumber":"sec.471","sectionType":"section","heading":"Validation of past reports","content":"### sec.471 Validation of past reports\n\nThis section applies to a report on a particular complaint about, or information or matter involving, corruption or a particular corruption investigation that was—\nbefore 13 September 2023, purportedly prepared or made under former section 64; and\nbefore the introduction day—\ntabled in the Legislative Assembly; or\npurportedly published under former section 69.\nThe report and any accompanying document, and any action taken or decision made by the commission in relation to the report, including publication of the report to another person, is taken to be, and to have always been, as valid and lawful as it would be or would have been if—\nthe report were prepared or made under new section 64A; and\nthe commission had complied with this Act and any other law applying in relation to the preparation and making of the report; and\nthe report were signed by the chairperson under new section 69; and\nthe report and accompanying document were given, and tabled or published, under new section 69.\nFor subsection (2)(a), new section 64A(2) is taken not to have applied to the report or the commission’s decisions in relation to the report.\nIn this section—\naction includes a failure to take action.\ndecision includes a failure to make a decision.\nintroduction day means the day the Bill for the Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025 was introduced into the Legislative Assembly.\nreport includes a copy of a report and a report in draft form.\ns 471 ins 2025 No. 7 s 30\n(sec.471-ssec.1) This section applies to a report on a particular complaint about, or information or matter involving, corruption or a particular corruption investigation that was— before 13 September 2023, purportedly prepared or made under former section 64; and before the introduction day— tabled in the Legislative Assembly; or purportedly published under former section 69.\n(sec.471-ssec.2) The report and any accompanying document, and any action taken or decision made by the commission in relation to the report, including publication of the report to another person, is taken to be, and to have always been, as valid and lawful as it would be or would have been if— the report were prepared or made under new section 64A; and the commission had complied with this Act and any other law applying in relation to the preparation and making of the report; and the report were signed by the chairperson under new section 69; and the report and accompanying document were given, and tabled or published, under new section 69.\n(sec.471-ssec.3) For subsection (2)(a), new section 64A(2) is taken not to have applied to the report or the commission’s decisions in relation to the report.\n(sec.471-ssec.4) In this section— action includes a failure to take action. decision includes a failure to make a decision. introduction day means the day the Bill for the Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025 was introduced into the Legislative Assembly. report includes a copy of a report and a report in draft form.\n- (a) before 13 September 2023, purportedly prepared or made under former section 64; and\n- (b) before the introduction day— (i) tabled in the Legislative Assembly; or (ii) purportedly published under former section 69.\n- (i) tabled in the Legislative Assembly; or\n- (ii) purportedly published under former section 69.\n- (i) tabled in the Legislative Assembly; or\n- (ii) purportedly published under former section 69.\n- (a) the report were prepared or made under new section 64A; and\n- (b) the commission had complied with this Act and any other law applying in relation to the preparation and making of the report; and\n- (c) the report were signed by the chairperson under new section 69; and\n- (d) the report and accompanying document were given, and tabled or published, under new section 69.","sortOrder":898},{"sectionNumber":"sec.472","sectionType":"section","heading":"Validation of past public statements","content":"### sec.472 Validation of past public statements\n\nThis section applies to a statement prepared and made to the public, before 13 September 2023, by the commission about—\na particular complaint about, or information or matter involving, corruption; or\na particular corruption investigation.\nThe statement, and any action taken by the commission in relation to the statement, is taken to be, and to have always been, as valid and lawful as it would be or would have been if the statement were prepared and made under new section 65A.\nFor subsection (2), new section 65A(3) and (4) is taken not to have applied to the statement or the commission’s decisions in relation to the statement.\ns 472 ins 2025 No. 7 s 30\n(sec.472-ssec.1) This section applies to a statement prepared and made to the public, before 13 September 2023, by the commission about— a particular complaint about, or information or matter involving, corruption; or a particular corruption investigation.\n(sec.472-ssec.2) The statement, and any action taken by the commission in relation to the statement, is taken to be, and to have always been, as valid and lawful as it would be or would have been if the statement were prepared and made under new section 65A.\n(sec.472-ssec.3) For subsection (2), new section 65A(3) and (4) is taken not to have applied to the statement or the commission’s decisions in relation to the statement.\n- (a) a particular complaint about, or information or matter involving, corruption; or\n- (b) a particular corruption investigation.","sortOrder":899},{"sectionNumber":"sec.473","sectionType":"section","heading":"Application of new provisions in relation to complaints and investigations","content":"### sec.473 Application of new provisions in relation to complaints and investigations\n\nSubject to sections 471 and 472, the new provisions of this Act apply to a complaint about, or information or matter (also a complaint ) involving, corruption or a corruption investigation—\nwhether the complaint was made or notified to the commission before, or is made or notified to the commission after, the commencement; and\nwhether the investigation was completed before, or is started before and completed after, the commencement; and\nwhether the complaint or investigation relates to conduct that happened, or is suspected to have happened, before the commencement.\ns 473 ins 2025 No. 7 s 30\n- (a) whether the complaint was made or notified to the commission before, or is made or notified to the commission after, the commencement; and\n- (b) whether the investigation was completed before, or is started before and completed after, the commencement; and\n- (c) whether the complaint or investigation relates to conduct that happened, or is suspected to have happened, before the commencement.","sortOrder":900},{"sectionNumber":"sec.474","sectionType":"section","heading":"Validation of particular agreements for giving notices by email","content":"### sec.474 Validation of particular agreements for giving notices by email\n\nThis section applies if, before the commencement, the chairperson purportedly entered into an agreement with a person for the giving of notices of a particular type to the person by email under former section 85AA.\nThe agreement is taken to be, and to have always been, as valid as it would be or would have been if the agreement were entered into under new section 85AB(2).\nThe giving of a notice by the commission to the person under the agreement before the commencement is taken to be, and to have always been, as valid and lawful as it would be or would have been if the agreement were entered into under new section 85AB(2).\nAnything done by the person in compliance with a notice given by the commission under the agreement before the commencement is taken to be, and to have always been, as valid and lawful as it would be or would have been if the agreement were entered into under new section 85AB(2).\ns 474 ins 2025 No. 7 s 30\n(sec.474-ssec.1) This section applies if, before the commencement, the chairperson purportedly entered into an agreement with a person for the giving of notices of a particular type to the person by email under former section 85AA.\n(sec.474-ssec.2) The agreement is taken to be, and to have always been, as valid as it would be or would have been if the agreement were entered into under new section 85AB(2).\n(sec.474-ssec.3) The giving of a notice by the commission to the person under the agreement before the commencement is taken to be, and to have always been, as valid and lawful as it would be or would have been if the agreement were entered into under new section 85AB(2).\n(sec.474-ssec.4) Anything done by the person in compliance with a notice given by the commission under the agreement before the commencement is taken to be, and to have always been, as valid and lawful as it would be or would have been if the agreement were entered into under new section 85AB(2).","sortOrder":901},{"sectionNumber":"sec.475","sectionType":"section","heading":"Existing agreements for giving notices by email","content":"### sec.475 Existing agreements for giving notices by email\n\nThis section applies if—\nbefore the commencement, the chairperson purportedly entered into an agreement with a person for the giving of notices of a particular type to the person by email under former section 85AA; and\nthe chairperson and the person could have entered into the agreement under new section 85AB(2) if that section had been in force; and\nimmediately before the commencement, the agreement was in effect.\nFrom the commencement, the agreement is taken to be an agreement entered into by the chairperson and the person under new section 85AB(2).\ns 475 ins 2025 No. 7 s 30\n(sec.475-ssec.1) This section applies if— before the commencement, the chairperson purportedly entered into an agreement with a person for the giving of notices of a particular type to the person by email under former section 85AA; and the chairperson and the person could have entered into the agreement under new section 85AB(2) if that section had been in force; and immediately before the commencement, the agreement was in effect.\n(sec.475-ssec.2) From the commencement, the agreement is taken to be an agreement entered into by the chairperson and the person under new section 85AB(2).\n- (a) before the commencement, the chairperson purportedly entered into an agreement with a person for the giving of notices of a particular type to the person by email under former section 85AA; and\n- (b) the chairperson and the person could have entered into the agreement under new section 85AB(2) if that section had been in force; and\n- (c) immediately before the commencement, the agreement was in effect.","sortOrder":902}],"analysis":{"summary":{"name":"Crime and Corruption Act 2001","slug":"crime-and-corruption-act-2001","title_id":"qld:act-2001-069","version_id":104630,"analysis_type":"summary","content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"Complete in-force Queensland statute of 1,582,859 characters covering the full CCC framework including investigative powers, hearings, compelled evidence, parliamentary oversight and transitional provisions."},"complexity_factors":["Dual mandate covering both major crime and public sector corruption with different investigative frameworks","Layered compelled-evidence and privilege regime including journalist privilege (Chapter 4A)","Closed vs public hearing distinction with multi-factorial decision criteria","Graduated offence regime from non-compliance to contempt to perjury","Parliamentary privilege intersection for report tabling under s 69","Extensive amendment history including 2024 amendments adding Chapter 4A"],"plain_english_summary":"The Crime and Corruption Act 2001 (Qld) establishes the Crime and Corruption Commission (CCC) and gives it the powers and functions to combat major crime and corruption in the Queensland public sector. The Act's main purposes under s 4 are to combat and reduce major crime and to continuously improve the integrity of, and reduce corruption in, the public sector.\n\nThe Act merged the former Criminal Justice Commission and Queensland Crime Commission into a single statutory body (s 220). The CCC has four core functions: investigating major crime; a corruption function (investigating, referring and preventing corrupt conduct); an intelligence function; and a prevention function.\n\n'Corrupt conduct' is defined in s 15 as conduct that adversely affects or could adversely affect the performance of public sector functions in a way that is dishonest, partial, a breach of trust, or a misuse of information, and that would constitute a criminal offence or disciplinary breach warranting termination. A second limb covers conduct that impairs public confidence in public administration and involves collusive tendering, fraudulent licence applications, dishonest use of public funds, tax evasion, or fraudulently obtaining a public appointment.\n\nThe CCC has broad investigative powers in Chapter 3, including powers to compel production of documents (s 73), conduct surveillance under Supreme Court warrant (s 121), and hold hearings (Chapter 4). Hearings are generally closed to the public (s 177), though public hearings can be approved for crime investigations or where fairness requires. Witnesses compelled to give evidence at hearings face maximum penalties of 85 penalty units or 1 year imprisonment for non-compliance (s 194-type provisions), with higher penalties for contempt of process (200 penalty units or 5 years; perjury-related offences up to 350 penalty units or 7 years).\n\nChapter 4A (inserted in 2024) creates a privilege regime protecting journalists from compelled disclosure of sources before the CCC. Chapter 5 creates offences applying the Criminal Code contempt provisions to Commission hearings. Chapter 6 establishes the CCC's governance, including oversight by the Parliamentary Crime and Corruption Committee. Section 69 governs the tabling of Commission reports in the Legislative Assembly. Chapter 8 contains extensive transitional provisions."},"kimi_summary":{"_metrics":{"completionTokens":845},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2001 scope. Originally focused on establishing the CCC with crime and corruption functions, it has grown to include: assumed identities (Part 6B, 2006), controlled operations for corruption (Part 6A, 2005), digital device search powers (2016, expanded 2020), monitoring and suspension orders for financial investigations (Part 5A, 2002), and most recently (2024-2025) a complex prosecutorial advice framework requiring Director of Public Prosecutions input before corruption prosecutions can commence, plus enhanced procedural fairness requirements. The 2024 amendments also added entry and search powers for official premises in corruption investigations and expanded email service provisions."},"complexity_factors":["Multiple overlapping investigative frameworks (crime investigations, corruption investigations, specific intelligence operations, confiscation related investigations, witness protection)","Extensive defined terms and cross-references (e.g., 'unit of public administration' has 8 categories plus exclusions and Ministerial prescription powers)","Nested conditional logic for warrants—different approval requirements for Supreme Court judges vs magistrates depending on whether structural damage, immediate attendance, or confidential documents are involved","Layered secrecy provisions with criminal penalties for disclosure of monitoring orders, suspension orders, surveillance warrants, controlled operations, and assumed identities","Complex procedural fairness requirements including 30-day response periods, Supreme Court appeals for extensions, and restrictions on findings the CCC can make","Multiple privilege regimes—legal professional privilege, self-incrimination privilege, journalist privilege, with different procedures for each","Delegated legislation and regulation-making powers throughout (e.g., prescribing entities as units of public administration, setting timeframes for complaints)","Recent 2024-2025 amendments adding new divisions on prosecutorial advice (sections 49A-49G), email service of notices, and adverse comment procedures that interact with existing provisions"],"plain_english_summary":"This is the **Crime and Corruption Act 2001** (Queensland), which establishes the **Crime and Corruption Commission (CCC)**—an independent body with extraordinary powers to investigate major crime and corruption in the public sector.\n\n**What it does:**\n- **Creates the CCC** as a permanent commission with broad investigative powers not ordinarily available to police, including covert surveillance, controlled operations, assumed identities, and coercive hearings.\n- **Defines \"corrupt conduct\"** broadly to include dishonesty, breach of trust, misuse of information, collusive tendering, fraud involving public funds, and conduct that impairs public confidence in public administration.\n- **Establishes three key committees:**\n  - **Crime Reference Committee**—refers major crime to the CCC and authorises intelligence operations\n  - **Parliamentary Crime and Corruption Committee**—monitors and reviews CCC performance\n  - **Public Interest Monitor**—tests the validity of surveillance and covert search warrant applications\n\n**Who it affects:**\n- **Public officials** in \"units of public administration\" (government departments, police, local councils, courts, state-owned corporations, and prescribed entities)\n- **Police officers**—the CCC has a specific monitoring role over police misconduct\n- **Anyone suspected of major crime or corruption**—the CCC can compel attendance at hearings, demand documents, conduct covert searches, and use surveillance devices\n\n**Why it matters:**\nThe Act gives the CCC **coercive powers** that override normal legal protections. People can be compelled to answer questions (with limited privilege against self-incrimination), produce documents, and attend hearings. The CCC can authorise covert operations where officers may engage in otherwise unlawful conduct. There are strict secrecy provisions and offences for disclosing information about covert operations, assumed identities, and surveillance warrants.\n\nThe Act balances these extraordinary powers with **oversight mechanisms**—parliamentary scrutiny, judicial approval for certain warrants, and procedural fairness requirements including new 2025 amendments requiring the CCC to give people draft reports and opportunity to respond before making adverse findings public."}},"importantCases":[],"_links":{"self":"/api/acts/crime-and-corruption-act-2001","history":"/api/acts/crime-and-corruption-act-2001/history","analysis":"/api/acts/crime-and-corruption-act-2001/analysis","conflicts":"/api/acts/crime-and-corruption-act-2001/conflicts","importantCases":"/api/acts/crime-and-corruption-act-2001/important-cases","documents":"/api/acts/crime-and-corruption-act-2001/documents"}}