{"id":"independent-commission-against-corruption-regulations-2013","name":"Independent Commission Against Corruption Regulations 2013","slug":"independent-commission-against-corruption-regulations-2013","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235656,"registerId":"sa-independent-commission-against-corruption-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Independent Commission Against Corruption Regulations 2013","content":"South Australia\nIndependent Commission Against Corruption Regulations 2013\nunder the Independent Commission Against Corruption Act 2012\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n3A\tDeclared law enforcement agency\nPart 2—Procedures for urgent applications for warrant to Commissioner\n4\tProcedures for urgent applications for warrant to Commissioner (section 31(4) of Act)\nPart 3—Property in custody of Commission\n5\tApplication of Part\n6\tInterpretation\n7\tCustody of property\n8\tMoney\n9\tInvestigation of ownership\n10\tDisposal of property\n11\tPerishable, unsafe, unlawful etc property\n12\tUnclaimed property\n13\tEffect, proceeds of sale\n14\tProceeds, unclaimed money to be paid into Consolidated Account\n15\tReturn of unclaimed property, proceeds of sale\n16\tCommissioner may prepare instruments\nPart 4—Miscellaneous\n16A\tDeposit holders (section 29A of Act)\n17\tService (section 58 of Act)\n18\tWitness and production fees\n19\tDeclared public officers, public authorities and responsible Ministers (Schedule 1 of Act)\n20\tPrescribed form (Schedule 3 of Act)\n21\tRelevant complaint (Schedule 4 of Act)\n22\tPrescribed modifications (Schedule 4 of Act)\nSchedule 1—Prescribed form\nSchedule 2—Savings and transitional provisions (Schedule 1 clause 76 of Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021)\n1\tApplication of laws to continuing complaints etc\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Independent Commission Against Corruption Regulations 2013.\n3—Interpretation\nIn these regulations—\nAct means the Independent Commission Against Corruption Act 2012.\n3A—Declared law enforcement agency\nIn accordance with paragraph (m) of the definition of law enforcement agency in section 4(1) of the Act, each of the following is declared to be a law enforcement agency:\n\t(a)\tthe Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth;\n\t(b)\tthe National Anti-Corruption Commission established by section 20 of the National Anti-Corruption Commission Act 2022 of the Commonwealth.\nPart 2—Procedures for urgent applications for warrant to Commissioner\n4—Procedures for urgent applications for warrant to Commissioner (section 31(4) of Act)\n\t(1)\tIf an application for a warrant is made to the Commissioner by fax or email, the following provisions apply:\n\t(a)\tthe applicant must be available to speak to the Commissioner by telephone;\n\t(b)\tthe Commissioner is entitled to assume, without further inquiry, that a person who identifies himself or herself as the applicant acting in the capacity of an investigator during a telephone conversation with the Commissioner is indeed the applicant acting in that capacity;\n\t(c)\tthe application must be accompanied (through fax or email) by a statutory declaration made by the applicant verifying the application;\n\t(d)\tthe Commissioner must forward the warrant to the applicant by fax or email.\n\t(2)\tIf an application for a warrant is made to the Commissioner by telephone, the following provisions apply:\n\t(a)\tthe applicant must inform the Commissioner of the applicant's name and identify himself or herself as an investigator and the Commissioner, on receiving that information, is entitled to assume its accuracy without further inquiry;\n\t(b)\tthe applicant must inform the Commissioner of the purpose for which the warrant is required and the grounds on which it is sought;\n\t(c)\tthe Commissioner may, on being satisfied as to the grounds for the issue of the warrant, inform the applicant of the facts on which the Commissioner relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make a statutory declaration verifying those facts;\n\t(d)\tthe Commissioner must inform the applicant of the terms of the warrant;\n\t(e)\tthe applicant must fill out and sign a warrant form (the duplicate warrant) that—\n\t(i)\tspecifies the person authorised to exercise the powers conferred by the warrant; and\n\t(ii)\tspecifies the place or vehicle to which the warrant relates; and\n\t(iii)\tstates whether entry is authorised at any time of the day or night or during specified hours of the day or night;\n\t(f)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the Commissioner a statutory declaration verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.\nPart 3—Property in custody of Commission\n5—Application of Part\nThis Part applies subject to any other Act or regulation.\n6—Interpretation\nIn this Part, unless the contrary intention appears—\nmoney includes a negotiable instrument;\nprescribed account means an ADI account established and maintained by the Commission for the purpose of holding money that is in the custody of the Commission or the proceeds of the sale of other things in the custody of the Commission;\nproperty includes anything that has been seized or made the subject of a retention order under section 31 of the Act;\nunclaimed property means property that has been in the custody of the Commission for the period of at least 2 months after the designated period in respect of the property and in relation to which—\n\t(a)\tthere is no person who appears, to the satisfaction of the Commissioner, to be the owner of the property; or\n\t(b)\tthere is such a person but that person has not been located after reasonable inquiry; or\n\t(c)\tthere is such a person but that person has not exercised his or her right to recover the property.\n7—Custody of property\n\t(1)\tThe Commission must ensure the safety and security of property in the custody of the Commission.\n\t(2)\tIf an investigator seizes or otherwise takes custody of property, the investigator must cause—\n\t(a)\ta record of the property to be made in the manner approved by the Commissioner; and\n\t(b)\tsubject to this Part, the property to be kept in the manner and place approved by the Commissioner; and\n\t(c)\ta receipt to be issued, as soon as is reasonably practicable and in the manner approved by the Commissioner, to the person from whom the property was seized or otherwise obtained.\n\t(3)\tAn investigator must not use property that is in the custody of the Commission for purposes other than—\n\t(a)\tthose for which it was received, seized or otherwise taken; or\n\t(b)\tpurposes authorised under these regulations.\n8—Money\n\t(1)\tMoney that is in the custody of the Commission must, unless it is required in specie for evidentiary purposes in legal proceedings or to assist in the identification of its owner, be paid into a prescribed account by the Commission.\n\t(2)\tIf the money is not in Australian currency, it must be converted to Australian currency for retention in the account.\n\t(3)\tOn payment of money into a prescribed account—\n\t(a)\tthe amount in Australian currency paid into the account; and\n\t(b)\tany interest earned on the amount,\nis to be taken to constitute the relevant money for the purposes of the disposal of property in accordance with these regulations.\n9—Investigation of ownership\nThe Commission must cause all reasonable efforts to be made to determine and locate the owner of property that is in the custody of the Commission.\n10—Disposal of property\nSubject to section 32(3) of the Act, property that is in the custody of the Commission must be disposed of as follows:\n\t(a)\tif a court makes an order for the disposal of the property, the property must be disposed of in accordance with the order;\n\t(b)\tif proceedings to determine the ownership of the property have commenced, the property must be retained by the Commission until those proceedings have been completed or discontinued;\n\t(c)\tif there is a person who appears, to the satisfaction of the Commission, to be the owner, the property must be returned to that person unless he or she—\n\t(i)\tcannot be located after reasonable inquiry; or\n\t(ii)\tdoes not exercise his or her right to recover the property;\n\t(d)\tif the property is unclaimed property, it must be disposed of as unclaimed property in accordance with these regulations.\n11—Perishable, unsafe, unlawful etc property\nDespite these regulations—\n\t(a)\tif property in the custody of the Commission is of such a nature that no person is lawfully entitled to it, the Commission must, if the property is not required for use in connection with any legal proceedings or official investigations, cause the property to be destroyed; and\n\t(b)\tsubject to paragraph (a), if it appears to the Commission that property in the custody of the Commission whose owner is not known, cannot be located or does not exercise his or her right to recover the property—\n\t(i)\tis perishable or may rapidly depreciate in value; or\n\t(ii)\tis of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Commission to retain the property,\nthe Commission may cause the property to be sold, destroyed or otherwise disposed of at such time and in such manner as the Commission thinks fit.\n12—Unclaimed property\n\t(1)\tThe Commission may cause the whole or any part of unclaimed property, other than unclaimed money, that is in the custody of the Commission to be sold, destroyed or otherwise disposed of at such time and in such manner as the Commission thinks fit.\n\t(2)\tUnclaimed money in the custody of the Commission is to be dealt with in accordance with regulation 8.\n13—Effect, proceeds of sale\n\t(1)\tA person who buys property sold by or on the authority of the Commission under this Part obtains good title to that property.\n\t(2)\tThe proceeds of a sale of property under this Part must be applied as follows:\n\t(a)\tfirstly, in payment of the expenses occasioned by the sale;\n\t(b)\tsecondly, in payment of storage or other expenses incurred by the Commission in relation to the property;\n\t(c)\tthirdly, by payment of the balance into a prescribed account.\n14—Proceeds, unclaimed money to be paid into Consolidated Account\n\t(1)\tProceeds of sale and unclaimed money held in a prescribed account under this Part must be retained in the account for a period of 6 months, after which the principal and any interest must be paid into the Consolidated Account.\n\t(2)\tIf unclaimed money held in a prescribed account was not unclaimed money at the time it was paid into the account but subsequently became unclaimed, the 6 month period referred to in subregulation (1) commences at the time at which the money became unclaimed.\n15—Return of unclaimed property, proceeds of sale\nThe Commissioner may, at his or her discretion—\n\t(a)\tif a person who appears, to the satisfaction of the Commission, to be the owner of property claims the property after it has become unclaimed property but while it remains in the custody of the Commission, authorise the property to be returned to the person;\n\t(b)\tif a person who appears, to the satisfaction of the Commission, to have been the owner of property before it was sold under this Part claims the balance of the proceeds of the sale while the money continues to be held in a prescribed account under this Part, authorise the payment of the balance (and any interest on the balance) to the person.\n16—Commissioner may prepare instruments\nThe Commission may prepare and execute all instruments necessary for carrying into effect the sale, destruction or other disposal of property under this Part.\nPart 4—Miscellaneous\n16A—Deposit holders (section 29A of Act)\n\t(1)\tIn accordance with paragraph (e) of the definition of deposit holder in section 29A(4) of the Act, an institution that is a credit provider is declared to be a deposit holder.\n\t(2)\tIn this regulation—\ncredit provider means a credit provider within the meaning of the National Credit Code in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth.\n17—Service (section 58 of Act)\n\t(a1)\tWithout derogating from section 58(e) of the Act, a notice or other document required or authorised to be given to or served on a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth may be transmitted by email to an email address provided by the company or registered body for that purpose (in which case the notice or other document will be taken to have been given or served at the time of transmission).\n\t(1)\tIf a person refuses to accept personal service of a notice or other document that is required to be served on the person, the notice or document will be taken to have been served personally on the person if the person serving the notice or document—\n\t(a)\tputs it down in the person's presence; and\n\t(b)\ttells the person what the notice or document is.\n\t(2)\tIt is not necessary to show the original of the notice or document to the person being served.\n\t(3)\tA summons issued under Schedule 2 clause 4 or Schedule 4 clause 6 of the Act requiring a person to appear before an examiner or the Inspector (as the case requires) must be served on the person—\n\t(a)\tat least 5 days before the day specified in the summons as the day on which the person is required to appear before the examiner or the Inspector; or\n\t(b)\tat an earlier or later date specified in the summons.\n18—Witness and production fees\n\t(1)\tSubject to this regulation, where a person has been summoned to appear at an examination under the Act, the following amounts may be certified by the Commissioner or, in a case where the summons was issued under Schedule 4 clause 6 of the Act, by the Inspector:\n\t(a)\tthe actual amount lost, or the expenses necessarily incurred, by the person by reason of his or her absence from home or business for the purpose of attending at the examination or $100 per day, whichever is the lesser;\n\t(b)\tan allowance for the travelling expenses of the person in attending at the examination, calculated on the basis of travel by public transport to and from the place where the examination is held, or, if the use of public transport by the person is not reasonably practicable, $0.20 per kilometre necessarily travelled to and from the place where the examination is held;\n\t(c)\tif the person is required at the examination to produce documents or things referred to in the summons—the expenses incurred by the person in complying with this requirement as determined by the Commissioner or the Inspector (in a case where the summons was issued under Schedule 4 clause 6 of the Act) to be just and reasonable in the circumstances;\n\t(d)\tif the person is necessarily absent from home overnight—the accommodation and meal expenses reasonably incurred by the person;\n\t(e)\tif the person is necessarily accompanied by another person—an amount equal to that which could be certified in accordance with these regulations in respect of that other person if he or she were required to attend at the examination.\n\t(2)\tIf—\n\t(a)\tthe amount lost, or the expenses incurred by the person exceed the amount determined in accordance with subregulation (1)(a); or\n\t(b)\tthe travelling expenses incurred by the person exceed the amount determined in accordance with subregulation (1)(b),\nthe amount certified may include such further amount as the Commissioner or the Inspector (in a case where the summons was issued under Schedule 4 clause 6 of the Act) thinks just and reasonable in the circumstances.\n\t(3)\tSubject to this regulation, if a person is required by notice in writing to produce a document or thing specified in the notice at a specified time and place, the Commissioner may certify that an amount determined by the Commissioner to be just and reasonable in the circumstances is payable to the person for expenses incurred in complying with the requirement.\n\t(3a)\tSubject to this regulation, if a person is required by order under Schedule 4 clause 7 to produce a document or thing, the Inspector may certify that an amount determined by the Inspector to be just and reasonable in the circumstances is payable to the person for expenses incurred in complying with the requirement.\n\t(4)\tA claim for fees or expenses under this regulation must be verified by a declaration in writing signed by the person making the claim.\n\t(5)\tNo amount is to be certified in respect of a person required to attend at an examination who is an officer or employee of the State or Commonwealth, including a police officer but excluding an officer or employee who is on leave during the period of attendance at the examination.\n19—Declared public officers, public authorities and responsible Ministers (Schedule 1 of Act)\nThe table below specifies—\n\t(a)\tpublic officers; and\n\t(b)\tthe public authorities responsible for the officers; and\n\t(c)\tthe Ministers responsible for the public authorities,\nthat are declared in accordance with Schedule 1 of the Act.\n\nPublic officers\nPublic authority\nMinister\nan accredited professional within the meaning of the Planning, Development and Infrastructure Act 2016 (other than an accredited professional who only performs the functions of a relevant authority under that Act as a member of an assessment panel or as an assessment manager for an assessment panel)\nthe Minister responsible for the administration of the Planning, Development and Infrastructure Act 2016\nPremier\na member of a joint planning board or a subsidiary of a joint planning board established under the Planning, Development and Infrastructure Act 2016\nan employee of a joint planning board or a subsidiary of a joint planning board\nthe joint planning board\nthe Minister responsible for the administration of the Planning, Development and Infrastructure Act 2016\na private certifier within the meaning of the Development Act 1993\nthe Minister responsible for the administration of the Development Act 1993\nPremier\nan authorised examiner appointed under the Motor Vehicles Act 1959 (other than a police officer)\nthe Registrar of Motor Vehicles under the Motor Vehicles Act 1959\nthe Minister responsible for the administration of the Motor Vehicles Act 1959\n20—Prescribed form (Schedule 3 of Act)\nNotice of an application under Schedule 3 clause 3 of the Act must be in the form prescribed in Schedule 1.\n21—Relevant complaint (Schedule 4 of Act)\nA relevant complaint under Schedule 4 of the Act—\n\t(a)\tmay only be made by—\n\t(i)\temail addressed to Inspector@sa.gov.au; or\n\t(ii)\tmail addressed to The Inspector, GPO Box 2371, Adelaide, SA, 5001; and\n\t(b)\tmust include—\n\t(i)\tdetails of the alleged conduct that is the subject of the complaint; and\n\t(ii)\tcontact details for the complainant.\n22—Prescribed modifications (Schedule 4 of Act)\nPursuant to Schedule 4 clause 6(4) of the Act, the following modifications to Schedule 2 of the Act are prescribed:\n\t(a)\treferences in Schedule 2 to a summons under clause 4 of that Schedule are taken to be references to a summons issued under Schedule 4 clause 6 of the Act;\n\t(b)\treferences in Schedule 2 to an oath or affirmation under clause 4 of that Schedule or to a requirement to take such an oath or make such an affirmation pursuant to clause 4 of that Schedule are taken to be references to an oath or affirmation under Schedule 4 clause 5 of the Act or to a requirement to take such an oath or make such an affirmation pursuant to Schedule 4 clause 5 of the Act (as the case may be);\n\t(c)\treferences in Schedule 2 to an investigation into corruption in public administration (or to an investigation) are taken to be references to a review by the Inspector under Schedule 4 of the Act;\n\t(d)\treferences in Schedule 2 to the Commission, the Commissioner or the Office are taken to be references to the Inspector;\n\t(e)\treferences in Schedule 2 to a member of the staff of the Commission (or to a member of the staff of the Commission approved by the examiner) are taken to be references to the Deputy Inspector and to staff referred to in Schedule 4 clause 4 of the Act who have been approved by the Inspector.\nSchedule 1—Prescribed form\nNOTICE OF APPLICATION TO DETERMINE CLAIM OF PRIVILEGE \nIndependent Commission Against Corruption Act 2012 Schedule 3 Clause 3\nTo: INDEPENDENT COMMISSION AGAINST CORRUPTION\nAddress: Level 1, 55 Currie St ADELAIDE 5000\nClaimant: [insert name of claimant]\nAddress: [insert address of claimant]\nYou are notified that, having made a claim of privilege in relation to a document or a thing at a search of [insert place or vehicle] on [insert date], the claimant has applied to the Supreme Court under Schedule 3 Clause 3 Independent Commission Against Corruption Act 2012 for a determination of the claim of privilege with respect to [list documents or other things over which the claim is made*] on the basis that [identify nature of the claim*].\n * attach schedule if insufficient space\nA copy of the application bearing the seal of the Supreme Court is attached.\nThe application will be heard in the Supreme Court at 1 Gouger St, Adelaide on [insert hearing date] at [insert time of hearing] or so soon afterwards as the business of the Court allows.\nSigned…………………………………………………\nName: [insert name]\nClaimant/Solicitor for the Claimant (delete whichever is inapplicable)\nDate: [insert date]\nAddress for service: [insert address for service]\nSchedule 2—Savings and transitional provisions (Schedule 1 clause 76 of Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021)\n1—Application of laws to continuing complaints etc\n\t(1)\tThe Act as in force before the commencement of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 continues to apply in relation to a complaint made on or before 25 August 2021 under any of the integrity Acts.\n\t(2)\tIn this clause—\nintegrity Acts means each of the following:\n\t(a)\tJudicial Conduct Commissioner Act 2015;\n\t(b)\tOmbudsman Act 1972;\n\t(c)\tPolice Complaints and Discipline Act 2016.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nIndependent Commissioner Against Corruption Regulations 2013\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2013\n204\nGazette 15.8.2013 p3507 \n1.9.2013: r 2\n2014\n282\nGazette 11.12.2014 p6762\n11.12.2014: r 2\n2015\n217\nGazette 15.10.2015 p4611\n15.10.2015: r 2\n2017\n198\nGazette 11.7.2017 p2851\n15.7.2017: r 2\n2017\n284\nGazette 26.9.2017 p4193\n26.9.2017: r 2\n2019\n176\nGazette 27.6.2019 p2556\n1.7.2019: r 2\n2020\n11\nGazette 6.2.2020 p225\n6.2.2020: r 2\n2021\n157\nGazette 7.10.2021 p3716\n7.10.2021: r 2\n2022\n113\nGazette 15.12.2022 p6918\n15.12.2022: r 2\n2023\n10\nGazette 23.3.2023 p565\n23.3.2023: r 2\n2023\n73\nGazette 27.7.2023 p2386\n27.7.2023: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 1\nvaried by 157/2021 r 4\n7.10.2021\nr 2\nomitted under Legislation Revision and Publication Act 2002\n11.12.2014\nr 3\n\n\nAct\nvaried by 157/2021 r 5\n7.10.2021\nr 3A\ninserted by 217/2015 r 4\n15.10.2015\n\nsubstituted by 73/2023 r 3\n27.7.2023\nPt 3\n\n\nheading\nvaried by 157/2021 r 6\n7.10.2021\nr 6\n\n\nprescribed account\nvaried by 157/2021 r 7\n7.10.2021\nunclaimed property\nvaried by 157/2021 r 7\n7.10.2021\n r 7\n\n\nr 7(1)\nvaried by 157/2021 r 8\n7.10.2021\nr 7(3)\nvaried by 157/2021 r 8\n7.10.2021\nr 8\n\n\nr 8(1)\nvaried by 157/2021 r 9\n7.10.2021\nr 9\nvaried by 157/2021 r 10\n7.10.2021\nr 10\nvaried by 157/2021 r 11\n7.10.2021\nr 11\nvaried by 157/2021 r 12\n7.10.2021\nr 12\n\n\nr 12(1)\nvaried by 157/2021 r 13\n7.10.2021\nr 12(2)\nvaried by 157/2021 r 13\n7.10.2021\nr 13\n\n\nr 13(1)\nvaried by 157/2021 r 14\n7.10.2021\nr 13(2)\nvaried by 157/2021 r 14\n7.10.2021\nr 15\nvaried by 157/2021 r 15\n7.10.2021\nr 16\nvaried by 157/2021 r 16\n7.10.2021\nPt 4\n\n\nr 16A\ninserted by 217/2015 r 5\n15.10.2015\nr 16A(1)\nvaried by 157/2021 r 17\n7.10.2021\nr 16B\ninserted by 217/2015 r 5\n15.10.2015\n\ndeleted by 157/2021 r 18\n7.10.2021\nr 17\n\n\nr 17(a1)\ninserted by 217/2015 r 6\n15.10.2015\nr 17(3)\nsubstituted by 10/2023 r 3\n23.3.2023\nr 18\n\n\nr 18(1)\namended by 10/2023 r 4(1)—(3)\n23.3.2023\nr 18(2)\namended by 10/2023 r 4(4)\n23.3.2023\nr 18(3a)\ninserted by 10/2023 r 4(5)\n23.3.2023\nr 19\ninserted by 282/2014 r 4\n11.12.2014\n\nvaried by 217/2015 r 7\n15.10.2015\n\nvaried by 284/2017 r 4\n26.9.2017\n\nvaried by 176/2019 r 4\n1.7.2019\n\nvaried by 11/2020 r 4\n6.2.2020\nr 20\ninserted by 198/2017 r 4\n15.7.2017\nr 21\ninserted by 198/2017 r 4\n15.7.2017\n\namended by 113/2022 r 3(1)—(3)\n15.12.2022\nr 22\ninserted by 10/2023 r 5\n23.3.2023\nSch 1\ninserted by 198/2017 r 4\n15.7.2017\n\nvaried by 157/2021 r 19\n7.10.2021\nSch 2\ninserted by 157/2021 r 20\n7.10.2021\nHistorical versions\n11.12.2014\n\n15.10.2015\n\n15.7.2017\n\n26.9.2017\n\n1.7.2019\n\n6.2.2020\n\n7.10.2021\n\n15.12.2022\n\n23.3.2023\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative content was retrievable — the source returned a 404/Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual text","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The Independent Commission Against Corruption Regulations 2013 (SA) are subordinate rules governing how South Australia’s ICAC operates—setting practical details like procedures, forms, fees and confidentiality around investigations and complaints.  \n\nThey affect public servants, whistleblowers and anyone involved in ICAC inquiries, and matter because they shape how anti‑corruption complaints are processed and enforced."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations have expanded and clarified operational scope since initial enactment. They expressly declare additional bodies as law‑enforcement agencies (reg 3A), declare credit providers as deposit holders (reg 16A), prescribe remote warrant procedures and verification steps (reg 4), enable electronic service and set prescribed forms (reg 17, reg 20, Schedule 1), detail custody/disposal and financial handling including a 6‑month retention then payment to the Consolidated Account (regs 7–15), and prescribe modifications and transitional savings for Inspector functions and legacy complaints (reg 22, Schedule 2). These amendments broaden the range of bodies covered and add procedural detail and administrative obligations."},"complexity_factors":["Multiple procedural tracks for urgent warrants (fax/email vs telephone) with verification and statutory declaration requirements (reg 4)","Detailed custody, record‑keeping and use restrictions for seized property, including special rules for perishable, unsafe or unlawful items (regs 7, 11)","Financial handling rules for money and proceeds, conversion to Australian currency, prescribed ADI account, interest treatment and time‑limited retention before payment to the Consolidated Account (regs 6, 8, 13, 14)","Discretion granted to the Commissioner to return unclaimed property or proceeds, and to authorise sale/destruction (regs 11, 12, 15, 16)","Cross‑references to the Act and other statutes, and frequent use of defined terms, increasing interpretive dependency on external instruments (reg 3 and throughout)","Service and form rules including electronic service by email and prescribed notice forms (reg 17, Schedule 1, reg 20)","Witness/production fee schedules with caps and residuary discretion for ‘just and reasonable’ amounts (reg 18)","Modifications and procedural substitutions for Inspector/examiner processes and transitional/savings provisions affecting pre‑existing complaints (regs 21, 22, Schedule 2)"],"plain_english_summary":"These regulations set out how the Independent Commission Against Corruption operates in practice: procedures for urgent remote warrant applications, how seized property and money must be recorded, stored, returned, sold or paid into public accounts, forms and service methods, witness fees, and which outside bodies count as law‑enforcement or deposit holders. They affect investigators, the Commissioner, owners of seized property, companies and witnesses by imposing verification, custody, disposal, record‑keeping and payment rules and by giving the Commissioner specified discretions."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond simple procedural matters. Originally likely focused on basic operational rules, they now: (1) incorporate complex transitional arrangements for complaints made under three separate repealed Acts (Judicial Conduct Commissioner, Ombudsman, and Police Complaints); (2) establish detailed property management regimes equivalent to police property rules; (3) create a parallel system for the Inspector to review ICAC conduct (Schedule 4 modifications); and (4) declare federal agencies as law enforcement partners. The 2021 amendments in particular added substantial machinery for the Inspector oversight function, indicating scope creep from pure ICAC operational support to a broader integrity framework."},"complexity_factors":["Multiple cross-references to the parent Act (Independent Commission Against Corruption Act 2012) and other Commonwealth legislation (Corporations Act, National Credit Code, etc.)","Nested conditional logic in Part 3 regarding disposal of property (court orders vs ownership proceedings vs unclaimed property vs perishable property)","Detailed procedural requirements for urgent warrants with multiple steps and verification requirements","Prescribed modifications in regulation 22 that effectively rewrite references in Schedule 2 of the Act when applied to Inspector reviews","Tabular declaration structure in regulation 19 mapping public officers to authorities to Ministers","Savings and transitional provisions dealing with historical complaints under repealed integrity legislation"],"plain_english_summary":"These regulations set out the practical rules for how South Australia's anti-corruption watchdog (the Independent Commission Against Corruption, or ICAC) operates day-to-day.\n\n**What it covers:**\n\n- **Urgent warrants**: How investigators can quickly get approval to search places or vehicles when there's no time to go to court. They can apply by phone, fax, or email, but must follow strict steps like providing a sworn statement (statutory declaration) afterwards.\n\n- **Handling seized property**: Rules for storing, tracking, and eventually returning (or selling/destroying) anything the Commission takes during investigations. This includes:\n  - Keeping money in special bank accounts\n  - Trying to find owners\n  - Selling or destroying perishable, dangerous, or abandoned items\n  - Eventually sending unclaimed money to the state's Consolidated Account (the government's main bank account)\n\n- **Serving documents**: How legal notices can be delivered to people and companies, including by email to companies, and what to do if someone refuses to accept papers.\n\n- **Witness expenses**: How much people get paid when they're forced to attend ICAC hearings—covering lost wages, travel, accommodation, and document production costs. Government employees generally don't get paid.\n\n- **Who counts as 'public officers'**: Lists specific roles (like planning professionals, motor vehicle examiners, and private certifiers) who are subject to ICAC's jurisdiction, along with which Minister is responsible for them.\n\n- **Complaints to the Inspector**: Sets out how people can complain about the ICAC itself—only by email or post to specific addresses, and must include details of the alleged problem plus contact information.\n\n- **Cooperation with other agencies**: Declares that federal bodies like the ACCC (consumer watchdog) and the National Anti-Corruption Commission can share information with ICAC as 'law enforcement agencies'.\n\n**Why it matters:**\nThese rules ensure the ICAC can act quickly in corruption investigations while protecting people's rights—making sure property isn't lost, witnesses are compensated fairly, and there are clear channels to complain about the Commission itself."}},"importantCases":[],"_links":{"self":"/api/acts/independent-commission-against-corruption-regulations-2013","history":"/api/acts/independent-commission-against-corruption-regulations-2013/history","analysis":"/api/acts/independent-commission-against-corruption-regulations-2013/analysis","conflicts":"/api/acts/independent-commission-against-corruption-regulations-2013/conflicts","importantCases":"/api/acts/independent-commission-against-corruption-regulations-2013/important-cases","documents":"/api/acts/independent-commission-against-corruption-regulations-2013/documents"}}