{"id":"C2022A00089","name":"National Anti-Corruption Commission (Consequential and Transitional Provisions) Act 2022","slug":"national-anti-corruption-commission-consequential-and-transitional-provisions-act-2022","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"89 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":44568,"registerId":"commonwealth-C2022A00089-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Amendments","content":"Schedule 1—Amendments\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Repeals","content":"Part 1—Repeals\n\nLaw Enforcement Integrity Commissioner Act 2006\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"The whole of the Act","content":"1 The whole of the Act\n\nRepeal the Act.\n\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Consequential amendments","content":"Part 2—Consequential amendments\n\nAdministrative Decisions (Judicial Review) Act 1977\n\n","sortOrder":3},{"sectionNumber":"2","sectionType":"section","heading":"At the end of Schedule 1","content":"2 At the end of Schedule 1\n\nAdd:\n\n ; (zi) decisions under the following provisions of the National Anti‑Corruption Commission Act 2022:\n (i) provisions in Part 6 (including that Part as applied by section 211 of that Act);\n (ii) provisions in Part 7 (including that Part as applied by sections 163 and 214 of that Act);\n (iii) sections 161, 162, 209, 210 and 213.\n\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Paragraph (eaa) of Schedule 2","content":"3 Paragraph (eaa) of Schedule 2\n\nRepeal the paragraph.\n\nAnti‑Money Laundering and Counter‑Terrorism Financing Act 2006\n\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Section 5 (definition of Australian Commission for Law Enforcement Integrity officer)","content":"4 Section 5 (definition of Australian Commission for Law Enforcement Integrity officer)\n\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Section 5 (paragraph (e) of the definition of entrusted investigating official)","content":"5 Section 5 (paragraph (e) of the definition of entrusted investigating official)\n\n (e) the National Anti‑Corruption Commissioner; or\n\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Section 5 (definition of Integrity Commissioner)","content":"6 Section 5 (definition of Integrity Commissioner)\n\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Section 5 (paragraph (f) of the definition of investigating officer)","content":"7 Section 5 (paragraph (f) of the definition of investigating officer)\n\n (f) a National Anti‑Corruption Commission officer.\n\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Section 5","content":"8 Section 5\n\n> National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n> National Anti‑Corruption Commission officer means a staff member of the NACC within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Paragraph 49(1)(f)","content":"9 Paragraph 49(1)(f)\n\n (f) the National Anti‑Corruption Commissioner; or\n\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Paragraph 121(2)(e)","content":"10 Paragraph 121(2)(e)\n\nArchives Act 1983\n\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Paragraph 33(1A)(ba)","content":"11 Paragraph 33(1A)(ba)\n\n (ba) a person who is providing, or has provided, confidential information to the Inspector of the National Anti‑Corruption Commission, or the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022), in relation to such a matter; or\n\nAustralian Border Force Act 2015\n\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Section 43 (heading)","content":"12 Section 43 (heading)\n\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Paragraph 43(b)","content":"13 Paragraph 43(b)\n\nAustralian Crime Commission Act 2002\n\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Subparagraph 7A(ca)(iii)","content":"14 Subparagraph 7A(ca)(iii)\n\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Paragraph 21C(2)(g)","content":"15 Paragraph 21C(2)(g)\n\n (g) as a NACC disclosure (within the meaning of the National Anti‑Corruption Commission Act 2022).\n\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Paragraph 21C(4)(e)","content":"16 Paragraph 21C(4)(e)\n\n (e) by making a NACC disclosure (within the meaning of the National Anti‑Corruption Commission Act 2022).\n\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Paragraph 29B(2)(g)","content":"17 Paragraph 29B(2)(g)\n\n (g) as a NACC disclosure (within the meaning of the National Anti‑Corruption Commission Act 2022).\n\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Paragraph 29B(4)(e)","content":"18 Paragraph 29B(4)(e)\n\n (e) by making a NACC disclosure (within the meaning of the National Anti‑Corruption Commission Act 2022).\n\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Subsection 51(4) (paragraph (c) of the definition of relevant Act)","content":"19 Subsection 51(4) (paragraph (c) of the definition of relevant Act)\n\nAustralian Federal Police Act 1979\n\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Subsection 4(1) (definition of corrupt conduct)","content":"20 Subsection 4(1) (definition of corrupt conduct)\n\n> corrupt conduct has the same meaning as in the National Anti‑Corruption Commission Act 2022.\n\n21 Subsection 4(1) (definition of corruption issue)\n\n22 Subsection 4(1) (definition of engages in corrupt conduct)\n\n23 Subsection 4(1)\n\n> National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Paragraph 40RB(2)(c)","content":"24 Paragraph 40RB(2)(c)\n\nOmit “Integrity Commissioner under the Law Enforcement Integrity Commissioner Act 2006”, substitute “National Anti‑Corruption Commissioner under the National Anti‑Corruption Commission Act 2022”.\n\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"At the end of paragraphs 40TL(1)(b) and (2)(b)","content":"25 At the end of paragraphs 40TL(1)(b) and (2)(b)\n\nAdd “or a corruption issue”.\n\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Subsection 40TL(3)","content":"26 Subsection 40TL(3)\n\n (3) This Subdivision also applies if the National Anti‑Corruption Commissioner refers a corruption issue that relates to the conduct of an AFP appointee to the Commissioner under paragraph 41(1)(c) of the National Anti‑Corruption Commission Act 2022.\n\n27 Subsection 40TO(7)\n\n28 Paragraph 40UB(1)(b)\n\n29 Subsections 40UD(3) and 40WA(4)\n\nOmit “Integrity Commissioner” (wherever occurring), substitute “National Anti‑Corruption Commissioner”.\n\n","sortOrder":25},{"sectionNumber":"30","sectionType":"section","heading":"Subsection 40WA(4)","content":"30 Subsection 40WA(4)\n\nOmit “Integrity Commissioner’s”, substitute “National Anti‑Corruption Commissioner’s”.\n\n","sortOrder":26},{"sectionNumber":"31","sectionType":"section","heading":"Subsection 40WB(1) (including the note)","content":"31 Subsection 40WB(1) (including the note)\n\nOmit “Integrity Commissioner” (wherever occurring), substitute “National Anti‑Corruption Commissioner”.\n\n","sortOrder":27},{"sectionNumber":"32","sectionType":"section","heading":"Paragraph 60A(2)(d)","content":"32 Paragraph 60A(2)(d)\n\n","sortOrder":28},{"sectionNumber":"33","sectionType":"section","heading":"Subsection 60A(3) (subparagraph (a)(ii) of the definition of prescribed information)","content":"33 Subsection 60A(3) (subparagraph (a)(ii) of the definition of prescribed information)\n\nAustralian Securities and Investments Commission Act 2001\n\n","sortOrder":29},{"sectionNumber":"34","sectionType":"section","heading":"Section 39H (modified paragraph 3ZQU(4)(h) of the Crimes Act 1914)","content":"34 Section 39H (modified paragraph 3ZQU(4)(h) of the Crimes Act 1914)\n\nCrimes Act 1914\n\n","sortOrder":30},{"sectionNumber":"35","sectionType":"section","heading":"Subsection 3(1)","content":"35 Subsection 3(1)\n\n> Inspector of the National Anti‑Corruption Commission means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":31},{"sectionNumber":"36","sectionType":"section","heading":"Subsection 3(1) (definition of Integrity Commissioner)","content":"36 Subsection 3(1) (definition of Integrity Commissioner)\n\n","sortOrder":32},{"sectionNumber":"37","sectionType":"section","heading":"Subsection 3(1) (paragraph (ba) of the definition of law enforcement officer)","content":"37 Subsection 3(1) (paragraph (ba) of the definition of law enforcement officer)\n\nOmit “ACLEI”, substitute “the NACC”.\n\n","sortOrder":33},{"sectionNumber":"38","sectionType":"section","heading":"Subsection 3(1)","content":"38 Subsection 3(1)\n\n> National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n> National Anti‑Corruption Deputy Commissioner means a Deputy Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n> person assisting the NACC Inspector means a person assisting the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":34},{"sectionNumber":"39","sectionType":"section","heading":"Subsection 3(1) (definition of staff member of ACLEI)","content":"39 Subsection 3(1) (definition of staff member of ACLEI)\n\n","sortOrder":35},{"sectionNumber":"40","sectionType":"section","heading":"Paragraph 3ZQU(1)(i)","content":"40 Paragraph 3ZQU(1)(i)\n\n (i) conducting a NACC Act process (within the meaning of the National Anti‑Corruption Commission Act 2022);\n\n41 Paragraph 3ZZEA(1)(h)\n\n42 Section 15GC (definition of ACLEI authorising officer)\n\n43 Section 15GC (paragraph (c) of the definition of appropriate authorising officer)\n\nOmit “an ACLEI authorising officer—any ACLEI”, substitute “a NACC authorising officer—any NACC”.\n\n","sortOrder":36},{"sectionNumber":"44","sectionType":"section","heading":"Section 15GC (paragraph (c) of the definition of authorising agency)","content":"44 Section 15GC (paragraph (c) of the definition of authorising agency)\n\nOmit “an ACLEI authorising officer—the Australian Commission for Law Enforcement Integrity”, substitute “a NACC authorising officer—the National Anti‑Corruption Commission”.\n\n","sortOrder":37},{"sectionNumber":"45","sectionType":"section","heading":"Section 15GC (paragraph (e) of the definition of chief officer)","content":"45 Section 15GC (paragraph (e) of the definition of chief officer)\n\nOmit “Australian Commission for Law Enforcement Integrity—the Integrity Commissioner”, substitute “National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner”.\n\n","sortOrder":38},{"sectionNumber":"46","sectionType":"section","heading":"Section 15GC (paragraph (c) of the definition of disciplinary or legal action)","content":"46 Section 15GC (paragraph (c) of the definition of disciplinary or legal action)\n\nOmit “, within the meaning of the Law Enforcement Integrity Commissioner Act 2006,”.\n\n","sortOrder":39},{"sectionNumber":"47","sectionType":"section","heading":"Section 15GC","content":"47 Section 15GC\n\n","sortOrder":40},{"sectionNumber":"48","sectionType":"section","heading":"Section 15GC (subparagraph (b)(iii) of the definition of entrusted person)","content":"48 Section 15GC (subparagraph (b)(iii) of the definition of entrusted person)\n\nOmit “the Law Enforcement Integrity Commissioner Act 2006”, substitute “section 12 of the National Anti‑Corruption Commission Act 2022”.\n\n","sortOrder":41},{"sectionNumber":"49","sectionType":"section","heading":"Section 15GC (subparagraph (b)(v) of the definition of entrusted person)","content":"49 Section 15GC (subparagraph (b)(v) of the definition of entrusted person)\n\nOmit “(within the meaning of the Law Enforcement Integrity Commissioner Act 2006) of the Australian Commission for Law Enforcement Integrity”, substitute “of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022)”.\n\n","sortOrder":42},{"sectionNumber":"50","sectionType":"section","heading":"Section 15GC (paragraph (c) of the definition of entrusted person)","content":"50 Section 15GC (paragraph (c) of the definition of entrusted person)\n\nOmit “government agency, or an integrity agency for a State or Territory, with which the Integrity Commissioner is jointly investigating a corruption issue under subsection 26(2) of the Law Enforcement Integrity Commissioner Act 2006”, substitute “Commonwealth agency, or a State or Territory government entity, with which the National Anti‑Corruption Commissioner is jointly conducting a corruption investigation under paragraph 41(1)(b) of the National Anti‑Corruption Commission Act 2022”.\n\n","sortOrder":43},{"sectionNumber":"51","sectionType":"section","heading":"Section 15GC (paragraph (e) of the definition of law enforcement agency)","content":"51 Section 15GC (paragraph (e) of the definition of law enforcement agency)\n\n","sortOrder":44},{"sectionNumber":"52","sectionType":"section","heading":"Section 15GC","content":"52 Section 15GC\n\n> NACC authorising officer has the meaning given by subsection 15GF(4).\n\n","sortOrder":45},{"sectionNumber":"53","sectionType":"section","heading":"Section 15GC (definition of staff member)","content":"53 Section 15GC (definition of staff member)\n\nOmit “the Law Enforcement Integrity Commissioner Act 2006” (first occurring), substitute “section 12 of the National Anti‑Corruption Commission Act 2022”.\n\n","sortOrder":46},{"sectionNumber":"54","sectionType":"section","heading":"Section 15GC (note to definition of staff member)","content":"54 Section 15GC (note to definition of staff member)\n\nRepeal the note.\n\n","sortOrder":47},{"sectionNumber":"55","sectionType":"section","heading":"Section 15GC (at the end of the definition of target agency)","content":"55 Section 15GC (at the end of the definition of target agency)\n\nAdd:\n\n","sortOrder":48},{"sectionNumber":"56","sectionType":"section","heading":"Paragraph 15GF(1)(d)","content":"56 Paragraph 15GF(1)(d)\n\nOmit “investigation of a corruption issue (within the meaning of the Law Enforcement Integrity Commissioner Act 2006)—any ACLEI”, substitute “conduct of a corruption investigation (within the meaning of the National Anti‑Corruption Commission Act 2022)—any NACC”.\n\n","sortOrder":49},{"sectionNumber":"57","sectionType":"section","heading":"Subsection 15GF(4)","content":"57 Subsection 15GF(4)\n\n (4) The following are NACC authorising officers:\n (a) the National Anti‑Corruption Commissioner;\n (b) a National Anti‑Corruption Deputy Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);\n (c) another staff member of the NACC (within the meaning of that Act) who:\n (i) is an SES employee; and\n (ii) is authorised in writing by the National Anti‑Corruption Commissioner for the purposes of this paragraph.\n\n","sortOrder":50},{"sectionNumber":"58","sectionType":"section","heading":"Paragraph 15HG(5)(d)","content":"58 Paragraph 15HG(5)(d)\n\n (d) in relation to the National Anti‑Corruption Commission—a National Anti‑Corruption Deputy Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n\n","sortOrder":51},{"sectionNumber":"59","sectionType":"section","heading":"Paragraph 15HK(2A)(b)","content":"59 Paragraph 15HK(2A)(b)\n\n","sortOrder":52},{"sectionNumber":"60","sectionType":"section","heading":"Paragraph 15HK(3)(a)","content":"60 Paragraph 15HK(3)(a)\n\nOmit “or the Integrity Commissioner”, substitute “, the National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission”.\n\n","sortOrder":53},{"sectionNumber":"61","sectionType":"section","heading":"Subparagraph 15HK(3)(c)(i)","content":"61 Subparagraph 15HK(3)(c)(i)\n\n (i) a corruption issue (within the meaning of the National Anti‑Corruption Commission Act 2022) or a NACC corruption issue (within the meaning of that Act) in relation to a controlled operation; or\n\n","sortOrder":54},{"sectionNumber":"62","sectionType":"section","heading":"Paragraph 15J(1)(a)","content":"62 Paragraph 15J(1)(a)\n\nOmit “an ACLEI”, substitute “a NACC”.\n\n","sortOrder":55},{"sectionNumber":"63","sectionType":"section","heading":"Section 15JA (paragraph beginning “This Part provides”)","content":"63 Section 15JA (paragraph beginning “This Part provides”)\n\nOmit “the Australian Crime Commission, the Australian Federal Police and the Immigration and Border Protection Department,”, substitute “target agencies”.\n\n","sortOrder":56},{"sectionNumber":"64","sectionType":"section","heading":"Section 15JA (paragraph beginning “Integrity testing”)","content":"64 Section 15JA (paragraph beginning “Integrity testing”)\n\nIntegrity testing operations may be authorised by the ACC, the Australian Federal Police and the Immigration and Border Protection Department in relation to their own agencies, or (if a corruption investigation is involved) the National Anti‑Corruption Commission.\n\nLaw enforcement officers and others may take part in integrity testing operations.\n\n","sortOrder":57},{"sectionNumber":"65","sectionType":"section","heading":"Section 15JC","content":"65 Section 15JC\n\n> corruption investigation has the same meaning as in the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":58},{"sectionNumber":"66","sectionType":"section","heading":"Section 15JC (definition of corruption issue)","content":"66 Section 15JC (definition of corruption issue)\n\nOmit “Law Enforcement Integrity Commissioner Act 2006”, substitute National Anti‑Corruption Commission Act 2022”.\n\n","sortOrder":59},{"sectionNumber":"67","sectionType":"section","heading":"Section 15JC (note to definition of corruption issue)","content":"67 Section 15JC (note to definition of corruption issue)\n\n> Note: See section 9 of the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":60},{"sectionNumber":"68","sectionType":"section","heading":"Section 15JC (paragraph (c) of the definition of disciplinary or legal action)","content":"68 Section 15JC (paragraph (c) of the definition of disciplinary or legal action)\n\nOmit “, within the meaning of the Law Enforcement Integrity Commissioner Act 2006,”.\n\n","sortOrder":61},{"sectionNumber":"69","sectionType":"section","heading":"Section 15JC","content":"69 Section 15JC\n\n","sortOrder":62},{"sectionNumber":"70","sectionType":"section","heading":"Section 15JC (paragraph (b) of the definition of integrity testing agency)","content":"70 Section 15JC (paragraph (b) of the definition of integrity testing agency)\n\nRepeal the paragraph.\n\n","sortOrder":63},{"sectionNumber":"71","sectionType":"section","heading":"Section 15JC (at the end of the definition of integrity testing agency)","content":"71 Section 15JC (at the end of the definition of integrity testing agency)\n\nAdd:\n\n ; (e) the National Anti‑Corruption Commission.\n\n","sortOrder":64},{"sectionNumber":"72","sectionType":"section","heading":"Section 15JC (paragraph (b) of the definition of law enforcement participant)","content":"72 Section 15JC (paragraph (b) of the definition of law enforcement participant)\n\n (b) an employee or officer of a body (whether incorporated or not) that is established by the law of a State or Territory for purposes that include the purpose of investigating corruption in State or Territory government entities.\n\n","sortOrder":65},{"sectionNumber":"73","sectionType":"section","heading":"Section 15JC (definition of staff member)","content":"73 Section 15JC (definition of staff member)\n\nOmit “the Law Enforcement Integrity Commissioner Act 2006” (first occurring), substitute “section 12 of the National Anti‑Corruption Commission Act 2022”.\n\n","sortOrder":66},{"sectionNumber":"74","sectionType":"section","heading":"Section 15JC (note to definition of staff member)","content":"74 Section 15JC (note to definition of staff member)\n\nRepeal the note.\n\n","sortOrder":67},{"sectionNumber":"75","sectionType":"section","heading":"Section 15JC (at the end of the definition of target agency)","content":"75 Section 15JC (at the end of the definition of target agency)\n\nAdd:\n\n","sortOrder":68},{"sectionNumber":"76","sectionType":"section","heading":"Subsection 15JD(2) (note 1)","content":"76 Subsection 15JD(2) (note 1)\n\n> Note 1: For target agency, see section 15JC.\n\n","sortOrder":69},{"sectionNumber":"77","sectionType":"section","heading":"Subsection 15JE(1) (table item 4)","content":"77 Subsection 15JE(1) (table item 4)\n\nRepeal the item, substitute:\n\n| 4 | a corruption investigation that relates to a staff member of a target agency | (a) the National Anti‑Corruption Commission; or(b) if the corruption issue being investigated relates to a staff member of the ACC—the ACC; or(c) if the corruption issue being investigated relates to a staff member of the Australian Federal Police—the Australian Federal Police; or(d) if the corruption issue being investigated relates to a staff member of the Immigration and Border Protection Department—that Department | (a) the National Anti‑Corruption Commissioner; or(b) a National Anti‑Corruption Deputy Commissioner; or(c) an SES employee in the National Anti‑Corruption Commission. |\n| --- | ---------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n","sortOrder":70},{"sectionNumber":"78","sectionType":"section","heading":"Subsection 15JE(1) (note 1)","content":"78 Subsection 15JE(1) (note 1)\n\n> Note 1: For target agency, see section 15JC.\n\n","sortOrder":71},{"sectionNumber":"79","sectionType":"section","heading":"Subsection 15JE(2)","content":"79 Subsection 15JE(2)\n\nOmit “a target agency”, substitute “the ACC, the Australian Federal Policy or the Immigration and Border Protection Department”.\n\n","sortOrder":72},{"sectionNumber":"80","sectionType":"section","heading":"Paragraph 15JG(2)(c)","content":"80 Paragraph 15JG(2)(c)\n\n (c) if the authorising officer is an officer of the National Anti‑Corruption Commission—in addition to the matters mentioned in paragraphs (a) and (b), the operation is part of a corruption investigation.\n\n","sortOrder":73},{"sectionNumber":"81","sectionType":"section","heading":"Section 15JI (heading)","content":"81 Section 15JI (heading)\n\n","sortOrder":74},{"sectionNumber":"82","sectionType":"section","heading":"Paragraphs 15JI(b) and 15JK(3)(b)","content":"82 Paragraphs 15JI(b) and 15JK(3)(b)\n\n (b) the National Anti‑Corruption Commissioner (unless the authorising officer is an officer of the National Anti‑Corruption Commission).\n\n83 Paragraph 15JQ(2)(d)\n\n84 Paragraphs 15JQ(3)(a) and (d)\n\n85 Paragraph 15JR(2)(d)\n\n86 Paragraphs 15JR(3)(a) and (d)\n\n87 Subsection 15JS(5) (paragraph (d) of the definition of chief officer)\n\n (d) for the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner.\n\n","sortOrder":75},{"sectionNumber":"88","sectionType":"section","heading":"Subsection 15JS(5) (definition of Law Enforcement Minister)","content":"88 Subsection 15JS(5) (definition of Law Enforcement Minister)\n\n","sortOrder":76},{"sectionNumber":"89","sectionType":"section","heading":"Section 15K (subparagraph (c)(iv) of the definition of chief officer)","content":"89 Section 15K (subparagraph (c)(iv) of the definition of chief officer)\n\n (iv) in relation to the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner;\n\n","sortOrder":77},{"sectionNumber":"90","sectionType":"section","heading":"Section 15K (paragraph (d) of the definition of law enforcement agency)","content":"90 Section 15K (paragraph (d) of the definition of law enforcement agency)\n\n (d) the National Anti‑Corruption Commission;\n\n","sortOrder":78},{"sectionNumber":"91","sectionType":"section","heading":"Section 15K (paragraph (d) of the definition of law enforcement officer)","content":"91 Section 15K (paragraph (d) of the definition of law enforcement officer)\n\n (d) in relation to the National Anti‑Corruption Commission—a staff member of the NACC; and\n\n","sortOrder":79},{"sectionNumber":"92","sectionType":"section","heading":"Paragraph 15KB(4)(d)","content":"92 Paragraph 15KB(4)(d)\n\nOmit “Australian Commission for Law Enforcement Integrity—a staff member of the Australian Commission for Law Enforcement Integrity”, substitute “National Anti‑Corruption Commission—a staff member of the NACC”.\n\n","sortOrder":80},{"sectionNumber":"93","sectionType":"section","heading":"Paragraph 15KB(4)(d)","content":"93 Paragraph 15KB(4)(d)\n\n","sortOrder":81},{"sectionNumber":"94","sectionType":"section","heading":"After paragraph 15LC(4)(d)","content":"94 After paragraph 15LC(4)(d)\n\n (da) in connection with the exercise of a power, or the performance of a function or duty, of the Inspector of the National Anti‑Corruption Commission or a person assisting the NACC Inspector; or\n\n","sortOrder":82},{"sectionNumber":"95","sectionType":"section","heading":"Subsection 15LD(1)","content":"95 Subsection 15LD(1)\n\nOmit “Law Enforcement Integrity Commissioner Act 2006 (the LEIC Minister)”, substitute “National Anti‑Corruption Commission Act 2022 (the NACC Minister)”.\n\n","sortOrder":83},{"sectionNumber":"96","sectionType":"section","heading":"Paragraph 15LD(1)(g)","content":"96 Paragraph 15LD(1)(g)\n\nOmit “LEIC Minister”, substitute “NACC Minister”.\n\n","sortOrder":84},{"sectionNumber":"97","sectionType":"section","heading":"Subsections 15LD(2) and (3)","content":"97 Subsections 15LD(2) and (3)\n\nOmit “LEIC Minister” (wherever occurring), substitute “NACC Minister”.\n\n","sortOrder":85},{"sectionNumber":"98","sectionType":"section","heading":"Subsection 15LH(3) (paragraph (d) of the definition of senior officer)","content":"98 Subsection 15LH(3) (paragraph (d) of the definition of senior officer)\n\n (d) in relation to the National Anti‑Corruption Commission:\n (i) a National Anti‑Corruption Deputy Commissioner; or\n (ii) another staff member of the NACC who is an SES employee, or a person occupying an equivalent or higher position, and who is authorised in writing by the National Anti‑Corruption Commissioner for the purposes of this provision; and\n\n","sortOrder":86},{"sectionNumber":"99","sectionType":"section","heading":"Subsection 15M(1) (paragraph (d) of the definition of chief officer)","content":"99 Subsection 15M(1) (paragraph (d) of the definition of chief officer)\n\nOmit “Australian Commission for Law Enforcement Integrity—the Integrity Commissioner”, substitute “National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner”.\n\n","sortOrder":87},{"sectionNumber":"100","sectionType":"section","heading":"Subsection 15M(1) (paragraph (d) of the definition of law enforcement agency)","content":"100 Subsection 15M(1) (paragraph (d) of the definition of law enforcement agency)\n\n (d) the National Anti‑Corruption Commission;\n\n","sortOrder":88},{"sectionNumber":"101","sectionType":"section","heading":"Section 85ZL (paragraph (bb) of the definition of law enforcement agency)","content":"101 Section 85ZL (paragraph (bb) of the definition of law enforcement agency)\n\n (bb) the National Anti‑Corruption Commission; or\n\nCriminal Code Act 1995\n\n","sortOrder":89},{"sectionNumber":"102","sectionType":"section","heading":"Subparagraph 122.5(3)(a)(iii) of the Criminal Code","content":"102 Subparagraph 122.5(3)(a)(iii) of the Criminal Code\n\n (iii) the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022);\n (iv) the Inspector of the National Anti‑Corruption Commission or a person assisting the Inspector (within the meaning of the National Anti‑Corruption Commission Act 2022); and\n\n","sortOrder":90},{"sectionNumber":"103","sectionType":"section","heading":"Paragraph 122.5(3)(b) of the Criminal Code","content":"103 Paragraph 122.5(3)(b) of the Criminal Code\n\nOmit “or the Law Enforcement Integrity Commissioner”, substitute “, the National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission”.\n\n","sortOrder":91},{"sectionNumber":"104","sectionType":"section","heading":"Subparagraph 122.5(12)(b)(ii) of the Criminal Code","content":"104 Subparagraph 122.5(12)(b)(ii) of the Criminal Code\n\nOmit “or the Law Enforcement Integrity Commissioner”, substitute “, the National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission”.\n\n","sortOrder":92},{"sectionNumber":"105","sectionType":"section","heading":"Section 146.1 of the Criminal Code (paragraph (aa) of the definition of Commonwealth law enforcement officer)","content":"105 Section 146.1 of the Criminal Code (paragraph (aa) of the definition of Commonwealth law enforcement officer)\n\n","sortOrder":93},{"sectionNumber":"106","sectionType":"section","heading":"Section 146.1 of the Criminal Code (paragraph (ab) of the definition of Commonwealth law enforcement officer)","content":"106 Section 146.1 of the Criminal Code (paragraph (ab) of the definition of Commonwealth law enforcement officer)\n\n (ab) another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n\n","sortOrder":94},{"sectionNumber":"107","sectionType":"section","heading":"Section 473.1 of the Criminal Code (at the end of the definition of law enforcement officer)","content":"107 Section 473.1 of the Criminal Code (at the end of the definition of law enforcement officer)\n\nAdd:\n\n ; (m) a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022).\n\nData Availability and Transparency Act 2022\n\n","sortOrder":95},{"sectionNumber":"108","sectionType":"section","heading":"Subsection 11(3) (paragraph (a) of the definition of excluded entity)","content":"108 Subsection 11(3) (paragraph (a) of the definition of excluded entity)\n\n","sortOrder":96},{"sectionNumber":"109","sectionType":"section","heading":"Subsection 11(3) (after paragraph (a) of the definition of excluded entity)","content":"109 Subsection 11(3) (after paragraph (a) of the definition of excluded entity)\n\nAdd:\n\n (ab) the Inspector of the National Anti‑Corruption Commission;\n\n","sortOrder":97},{"sectionNumber":"110","sectionType":"section","heading":"Paragraph 108(2)(k)","content":"110 Paragraph 108(2)(k)\n\n","sortOrder":98},{"sectionNumber":"111","sectionType":"section","heading":"After paragraph 108(2)(k)","content":"111 After paragraph 108(2)(k)\n\n (ka) the Inspector of the National Anti‑Corruption Commission;\n\nFinancial Transaction Reports Act 1988\n\n","sortOrder":99},{"sectionNumber":"112","sectionType":"section","heading":"Subsection 3(1) (definition of Integrity Commissioner)","content":"112 Subsection 3(1) (definition of Integrity Commissioner)\n\n","sortOrder":100},{"sectionNumber":"113","sectionType":"section","heading":"Subsection 3(1)","content":"113 Subsection 3(1)\n\n> National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":101},{"sectionNumber":"114","sectionType":"section","heading":"Subsection 3(1) (definition of staff member of ACLEI)","content":"114 Subsection 3(1) (definition of staff member of ACLEI)\n\n","sortOrder":102},{"sectionNumber":"115","sectionType":"section","heading":"Subsection 16(6) (paragraph (d) of the definition of investigating officer)","content":"115 Subsection 16(6) (paragraph (d) of the definition of investigating officer)\n\n (d) a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n\n","sortOrder":103},{"sectionNumber":"116","sectionType":"section","heading":"Subsection 16(6) (paragraph (aa) of the definition of relevant authority)","content":"116 Subsection 16(6) (paragraph (aa) of the definition of relevant authority)\n\nInspector‑General of Intelligence and Security Act 1986\n\n","sortOrder":104},{"sectionNumber":"117","sectionType":"section","heading":"Subsection 3(1) (subparagraph (a)(iv) of the definition of integrity body)","content":"117 Subsection 3(1) (subparagraph (a)(iv) of the definition of integrity body)\n\nRepeal the subparagraph, insert:\n\n (iv) the National Anti‑Corruption Commissioner;\n (iva) the Inspector of the National Anti‑Corruption Commission;\n\n","sortOrder":105},{"sectionNumber":"118","sectionType":"section","heading":"Subsection 3(1) (definition of Integrity Commissioner)","content":"118 Subsection 3(1) (definition of Integrity Commissioner)\n\n","sortOrder":106},{"sectionNumber":"119","sectionType":"section","heading":"Subparagraph 11(4A)(a)(iv)","content":"119 Subparagraph 11(4A)(a)(iv)\n\n (iv) the National Anti‑Corruption Commissioner;\n (iva) the Inspector of the National Anti‑Corruption Commission;\n\n","sortOrder":107},{"sectionNumber":"120","sectionType":"section","heading":"Section 32AD (note)","content":"120 Section 32AD (note)\n\nOmit “23A of the Law Enforcement Integrity Commissioner Act 2006,”.\n\n","sortOrder":108},{"sectionNumber":"121","sectionType":"section","heading":"After section 34AA","content":"121 After section 34AA\n\n## 34AB Disclosure of information or documents to the National Anti‑Corruption Commission\n\n#### 34AB Disclosure of information or documents to the National Anti‑Corruption Commission\n\n (1) The Inspector‑General, or a member of the staff of the Inspector‑General, may divulge or communicate information, or give documents, to a staff member of the NACC if:\n (a) the information is, or the documents are, relevant to the National Anti‑Corruption Commissioner’s functions or powers; and\n (b) the Inspector‑General is satisfied on reasonable grounds that the National Anti‑Corruption Commissioner has satisfactory arrangements in place for protecting the information or documents.\n (2) The Inspector‑General, or a member of the staff of the Inspector‑General, may divulge or communicate information, or give documents, to the Inspector of the National Anti‑Corruption Commission or a person assisting the Inspector if:\n (a) the information is, or the documents are, relevant to the Inspector of the National Anti‑Corruption Commission’s functions or powers; and\n (b) the Inspector‑General is satisfied on reasonable grounds that the Inspector of the National Anti‑Corruption Commission has satisfactory arrangements in place for protecting the information or documents.\n (3) This section applies despite anything in this Act or any other Act.\n (4) In this section:\n\n> person assisting the Inspector has the same meaning as in the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":109},{"sectionNumber":"122","sectionType":"section","heading":"At the end of section 34B","content":"122 At the end of section 34B\n\nAdd:\n\n> Note: This section applies subject to sections 100 to 102 of the National Anti‑Corruption Commission Act 2022, including those sections as applied by section 214 of that Act.\n\nNational Consumer Credit Protection Act 2009\n\n","sortOrder":110},{"sectionNumber":"123","sectionType":"section","heading":"Section 272F (modified paragraph 3ZQU(4)(h) of the Crimes Act 1914)","content":"123 Section 272F (modified paragraph 3ZQU(4)(h) of the Crimes Act 1914)\n\nNational Emergency Declaration Act 2020\n\n","sortOrder":111},{"sectionNumber":"124","sectionType":"section","heading":"Paragraph 15(8)(ge)","content":"124 Paragraph 15(8)(ge)\n\nOmbudsman Act 1976\n\n","sortOrder":112},{"sectionNumber":"125","sectionType":"section","heading":"Subsection 3(1)","content":"125 Subsection 3(1)\n\n> National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":113},{"sectionNumber":"126","sectionType":"section","heading":"Subsection 5(3B)","content":"126 Subsection 5(3B)\n\nRepeal the subsection.\n\n","sortOrder":114},{"sectionNumber":"127","sectionType":"section","heading":"Subsections 6(16) to (19)","content":"127 Subsections 6(16) to (19)\n\nRepeal the subsections.\n\n128 Section 6B (heading)\n\n129 Subparagraph 6B(1)(a)(i)\n\n130 After section 6F\n\n## 6G Transfer of information to the National Anti‑Corruption Commissioner or the Inspector\n\n#### 6G Transfer of information to the National Anti‑Corruption Commissioner or the Inspector\n\n (1) This section applies if the Ombudsman forms the opinion that a complaint raises:\n (a) a corruption issue that is likely to involve corrupt conduct that is serious or systemic; or\n (b) a NACC corruption issue.\n (2) The Ombudsman may:\n (a) decide to refer the information the subject of the complaint to the National Anti‑Corruption Commissioner or the Inspector, as the case requires; and\n (b) decide:\n (i) to investigate the complaint, or to investigate the complaint further; or\n (ii) not to investigate the complaint, or not to investigate the complaint further.\n (3) If the Ombudsman decides to refer the information to the National Anti‑Corruption Commissioner or the Inspector, the Ombudsman must:\n (a) refer the information as soon as is reasonably practicable; and\n (b) include with the referral all information relevant to the corruption issue or the NACC corruption issue that is in the Ombudsman’s possession or control at the time the referral is made; and\n (c) as soon as is reasonably practicable, give the complainant written notice of the following:\n (i) that the information has been referred to the National Anti‑Corruption Commissioner or the Inspector;\n (ii) the Ombudsman’s decision on whether to investigate, or continue to investigate, the complaint; and\n (d) if the Ombudsman subsequently becomes aware of any further information that is relevant to the issue—give the National Anti‑Corruption Commissioner or the Inspector the further information as soon as is reasonably practicable.\n (4) The Ombudsman is not required to provide information to the National Anti‑Corruption Commissioner or the Inspector under subsection (3) if:\n (a) the Ombudsman has reasonable grounds to believe the National Anti‑Corruption Commissioner or the Inspector is already aware of the information; or\n (b) the National Anti‑Corruption Commissioner or the Inspector has advised the Ombudsman that the provision of the information is not required.\n (5) In this section:\n\n> corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022.\n\n> NACC corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":115},{"sectionNumber":"131","sectionType":"section","heading":"Section 8C (heading)","content":"131 Section 8C (heading)\n\nOmit “ACLEI”, substitute “National Anti‑Corruption Commission”.\n\n","sortOrder":116},{"sectionNumber":"132","sectionType":"section","heading":"Subsection 8C(1)","content":"132 Subsection 8C(1)\n\n","sortOrder":117},{"sectionNumber":"133","sectionType":"section","heading":"Subsection 8C(1)","content":"133 Subsection 8C(1)\n\nOmit “ACLEI”, substitute “the NACC”.\n\n","sortOrder":118},{"sectionNumber":"134","sectionType":"section","heading":"Subsection 8C(3)","content":"134 Subsection 8C(3)\n\nOmit “Integrity Commissioner”, substitute “Ombudsman”.\n\n","sortOrder":119},{"sectionNumber":"135","sectionType":"section","heading":"Subsection 8C(7)","content":"135 Subsection 8C(7)\n\n (7) In this section:\n\n","sortOrder":120},{"sectionNumber":"136","sectionType":"section","heading":"Paragraph 9(3)(f)","content":"136 Paragraph 9(3)(f)\n\nOmit “Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006)”, substitute “National Anti‑Corruption Commissioner”.\n\n137 Paragraph 20ZK(1)(h)\n\n138 Paragraph 20ZK(1)(k)\n\n139 Subsection 20ZS(1) (table item 10, column 1)\n\n140 Subsection 20ZS(1) (table items 11 and 12, column 1)\n\n141 Section 35AA (heading)\n\nOmit “Integrity Commissioner”, substitute “National Anti‑Corruption Commissioner or Inspector”.\n\n","sortOrder":121},{"sectionNumber":"142","sectionType":"section","heading":"At the end of paragraph 35AA(1)(b)","content":"142 At the end of paragraph 35AA(1)(b)\n\nAdd “or a NACC corruption issue”.\n\n","sortOrder":122},{"sectionNumber":"143","sectionType":"section","heading":"Subsection 35AA(2)","content":"143 Subsection 35AA(2)\n\nOmit “to the Integrity Commissioner.”, substitute:\n\n to:\n (d) if the information, statement or document is, or may be, relevant to a corruption issue—the National Anti‑Corruption Commissioner; or\n (e) if the information, statement or document is, or may be, relevant to a NACC corruption issue—the Inspector.\n\n144 Subsection 35AA(3) (definition of corruption issue)\n\n145 Subsection 35AA(3) (definition of Integrity Commissioner)\n\n146 Subsection 35AA(3)\n\n> NACC corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":123},{"sectionNumber":"147","sectionType":"section","heading":"Section 35C (heading)","content":"147 Section 35C (heading)\n\n","sortOrder":124},{"sectionNumber":"148","sectionType":"section","heading":"Subsection 35C(1)","content":"148 Subsection 35C(1)\n\nOmit “ACLEI” (wherever occurring), substitute “NACC”.\n\n","sortOrder":125},{"sectionNumber":"149","sectionType":"section","heading":"Paragraph 35C(1)(c)","content":"149 Paragraph 35C(1)(c)\n\nOmit “Integrity Commissioner”, substitute “National Anti‑Corruption Commissioner or the Inspector”.\n\n","sortOrder":126},{"sectionNumber":"150","sectionType":"section","heading":"Subsection 35C(2) (definition of ACLEI information)","content":"150 Subsection 35C(2) (definition of ACLEI information)\n\n","sortOrder":127},{"sectionNumber":"151","sectionType":"section","heading":"Subsection 35C(2)","content":"151 Subsection 35C(2)\n\n> NACC information means information or the contents of a document that is, or was, in the possession or under the control of the National Anti‑Corruption Commissioner or the Inspector.\n\nPrivacy Act 1988\n\n","sortOrder":128},{"sectionNumber":"152","sectionType":"section","heading":"Subsection 6(1) (paragraph (aa) of the definition of enforcement body)","content":"152 Subsection 6(1) (paragraph (aa) of the definition of enforcement body)\n\n (ab) the Inspector of the National Anti‑Corruption Commission; or\n\n","sortOrder":129},{"sectionNumber":"153","sectionType":"section","heading":"Subsection 6(1) (definition of Integrity Commissioner)","content":"153 Subsection 6(1) (definition of Integrity Commissioner)\n\n","sortOrder":130},{"sectionNumber":"154","sectionType":"section","heading":"Subparagraph 7(1)(a)(iiia)","content":"154 Subparagraph 7(1)(a)(iiia)\n\n (iiia) the National Anti‑Corruption Commissioner; or\n (iiib) the Inspector of the National Anti‑Corruption Commission; or\n\n","sortOrder":131},{"sectionNumber":"155","sectionType":"section","heading":"Paragraph 7(1)(ga)","content":"155 Paragraph 7(1)(ga)\n\n (ga) the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n (gb) the Inspector of the National Anti‑Corruption Commission or a person assisting the Inspector (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n\n","sortOrder":132},{"sectionNumber":"156","sectionType":"section","heading":"Subsection 20E(5) (note)","content":"156 Subsection 20E(5) (note)\n\n","sortOrder":133},{"sectionNumber":"157","sectionType":"section","heading":"Paragraph 70(2)(c)","content":"157 Paragraph 70(2)(c)\n\nOmit “Integrity Commissioner”, substitute “National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission”.\n\nProceeds of Crime Act 2002\n\n158 Subsection 15B(1) (note 1)\n\n159 Section 15C (note)\n\n160 Subsections 15D(1) and 15P(1) (note)\n\n161 Paragraph 213(3)(ca)\n\n (ca) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n\n","sortOrder":134},{"sectionNumber":"162","sectionType":"section","heading":"Section 338 (paragraph (aa) of the definition of authorised officer)","content":"162 Section 338 (paragraph (aa) of the definition of authorised officer)\n\n (aa) any of the following:\n (i) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022);\n (ii) a National Anti‑Corruption Deputy Commissioner (within the meaning of that Act);\n (iii) another staff member of the NACC (within the meaning of that Act) who is authorised in writing by the National Anti‑Corruption Commissioner for the purposes of this paragraph; or\n\nPublic Interest Disclosure Act 2013\n\n","sortOrder":135},{"sectionNumber":"164","sectionType":"section","heading":"Section 8 (paragraphs (l) and (m) of the definition of designated publication restriction)","content":"164 Section 8 (paragraphs (l) and (m) of the definition of designated publication restriction)\n\n (l) section 98 or 101, or subsection 233(3), of the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":136},{"sectionNumber":"165","sectionType":"section","heading":"Section 8","content":"165 Section 8\n\n> NACC disclosure has the same meaning as in the National Anti‑Corruption Commission Act 2022.\n\n> stop action direction under the NACC Act means a direction under subsection 43(1) of the National Anti‑Corruption Commission Act 2022 (including as applied by section 211 of that Act) to stop taking action in relation to a corruption issue or a NACC corruption issue.\n\n","sortOrder":137},{"sectionNumber":"166","sectionType":"section","heading":"Section 25 (paragraph beginning “a disclosure to an Australian legal practitioner”)","content":"166 Section 25 (paragraph beginning “a disclosure to an Australian legal practitioner”)\n\nOmit “matters.”, substitute “matters; or”.\n\n","sortOrder":138},{"sectionNumber":"167","sectionType":"section","heading":"Section 25 (after the paragraph beginning “a disclosure to an Australian legal practitioner”)","content":"167 Section 25 (after the paragraph beginning “a disclosure to an Australian legal practitioner”)\n\n• a NACC disclosure concerning disclosable conduct.\n\n","sortOrder":139},{"sectionNumber":"168","sectionType":"section","heading":"After subsection 26(1)","content":"168 After subsection 26(1)\n\n (1A) A disclosure of information is also a public interest disclosure if:\n (a) the disclosure is made by a person who is, or has been, a public official; and\n (b) the information tends to show, or the discloser believes on reasonable grounds that the information tends to show, one or more instances of disclosable conduct; and\n (c) the disclosure is a NACC disclosure.\n\n","sortOrder":140},{"sectionNumber":"169","sectionType":"section","heading":"At the end of section 28","content":"169 At the end of section 28\n\nAdd:\n\n (4) This section does not apply to a public interest disclosure that is also a NACC disclosure (see subsection 26(1A)).\n\n> Note: NACC disclosures are dealt with under the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":141},{"sectionNumber":"170","sectionType":"section","heading":"Section 42 (after the paragraph beginning “If a disclosure”)","content":"170 Section 42 (after the paragraph beginning “If a disclosure”)\n\nA stop action direction under the NACC Act may prevent the allocation of some or all of a disclosure.\n\n","sortOrder":142},{"sectionNumber":"175","sectionType":"section","heading":"Section 46 (after the paragraph beginning “The principal officer of”)","content":"175 Section 46 (after the paragraph beginning “The principal officer of”)\n\nHowever, a stop action direction under the NACC Act may prevent the investigation of some or all of the disclosure.\n\n","sortOrder":143},{"sectionNumber":"176","sectionType":"section","heading":"At the end of section 47","content":"176 At the end of section 47\n\nAdd:\n\n Stop action directions under the NACC Act\n (5) This section has effect subject to any stop action direction under the NACC Act.\n\n","sortOrder":144},{"sectionNumber":"177","sectionType":"section","heading":"At the end of subsection 50(1)","content":"177 At the end of subsection 50(1)\n\nAdd:\n\n ; (c) that the principal officer cannot investigate, or further investigate, the disclosure because of a stop action direction under the NACC Act.\n\n","sortOrder":145},{"sectionNumber":"178","sectionType":"section","heading":"Subsection 50(4)","content":"178 Subsection 50(4)\n\nAfter “this section”, insert “(other than subsection (4A))”.\n\n","sortOrder":146},{"sectionNumber":"179","sectionType":"section","heading":"After subsection 50(4)","content":"179 After subsection 50(4)\n\n (4A) The principal officer must, as soon as reasonably practicable, inform the discloser if the principal officer investigates, or further investigates, a disclosure that is no longer subject to a stop action direction under the NACC Act.\n\n","sortOrder":147},{"sectionNumber":"180","sectionType":"section","heading":"Section 50A (heading)","content":"180 Section 50A (heading)\n\nOmit “of decision not to investigate”, substitute “about investigation”.\n\n","sortOrder":148},{"sectionNumber":"181","sectionType":"section","heading":"At the end of section 50A","content":"181 At the end of section 50A\n\nAdd:\n\n (3) If a stop action direction under the NACC Act prevents the principal officer of the agency from investigating, or further investigating, the disclosure under this Division, the principal officer must:\n (a) inform the Ombudsman of the stop action direction (unless paragraph (b) applies); or\n (b) inform the IGIS of the stop action direction if the disclosure concerns conduct relating to:\n (i) an intelligence agency; or\n (ii) the IGIS; or\n (iii) the intelligence functions of either ACIC or the Australian Federal Police.\n\n","sortOrder":149},{"sectionNumber":"183","sectionType":"section","heading":"Paragraph 69(3)(c)","content":"183 Paragraph 69(3)(c)\n\n (c) a person (other than the National Anti‑Corruption Commissioner) who is listed in section 266 of the National Anti‑Corruption Commission Act 2022 is taken to be a member of the staff of the National Anti‑Corruption Commission.\n\nRadiocommunications Act 1992\n\n","sortOrder":150},{"sectionNumber":"184","sectionType":"section","heading":"Paragraph 27(1)(baa)","content":"184 Paragraph 27(1)(baa)\n\nOmit “Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006)”, substitute “National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022)”.\n\nRoyal Commissions Act 1902\n\n","sortOrder":151},{"sectionNumber":"185","sectionType":"section","heading":"Subsection 6P(2B)","content":"185 Subsection 6P(2B)\n\nOmit “Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006)”, substitute “National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission”.\n\n","sortOrder":152},{"sectionNumber":"186","sectionType":"section","heading":"Subsection 6P(2B)","content":"186 Subsection 6P(2B)\n\nOmit “, as the case may be, to the Integrity Commissioner”, substitute “to the National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission, as the case requires”.\n\n","sortOrder":153},{"sectionNumber":"187","sectionType":"section","heading":"Paragraph 9(3)(h)","content":"187 Paragraph 9(3)(h)\n\n (h) the National Anti‑Corruption Commission;\n (ha) the Inspector of the National Anti‑Corruption Commission;\n\nSurveillance Devices Act 2004\n\n188 Subsection 6(1) (note to definition of appropriate authorising officer)\n\n189 Subsection 6(1) (definition of disciplinary proceeding)\n\n190 Subsection 6(1)\n\n> National Anti‑Corruption Commission officer means a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022).\n\n","sortOrder":154},{"sectionNumber":"191","sectionType":"section","heading":"Subsection 6(1) (definition of staff member of ACLEI)","content":"191 Subsection 6(1) (definition of staff member of ACLEI)\n\n","sortOrder":155},{"sectionNumber":"191A","sectionType":"section","heading":"Subsection 6(1)","content":"191A Subsection 6(1)\n\n> superior Court Judge means:\n\n (a) a Judge of the Federal Court of Australia; or\n (b) a Judge of the Federal Circuit and Family Court of Australia (Division 1).\n\n","sortOrder":156},{"sectionNumber":"192","sectionType":"section","heading":"Subsection 6(1) (at the end of the definition of target agency)","content":"192 Subsection 6(1) (at the end of the definition of target agency)\n\nAdd:\n\n","sortOrder":157},{"sectionNumber":"193","sectionType":"section","heading":"Paragraph 6(4)(c)","content":"193 Paragraph 6(4)(c)\n\n (c) a reference to a person who belongs or is seconded to a law enforcement agency, in the case of the National Anti‑Corruption Commission, is a reference to a National Anti‑Corruption Commission officer; and\n\n","sortOrder":158},{"sectionNumber":"194","sectionType":"section","heading":"Paragraph 6(4)(d)","content":"194 Paragraph 6(4)(d)\n\n","sortOrder":159},{"sectionNumber":"195","sectionType":"section","heading":"Subsection 6A(6) (table item 10)","content":"195 Subsection 6A(6) (table item 10)\n\nRepeal the item, substitute:\n\n| 10 | National Anti‑Corruption Commission | the National Anti‑Corruption Commissioner | (a) the National Anti‑Corruption Commissioner; or(b) a Deputy Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or(c) a National Anti‑Corruption Commission officer authorised under section 6B | (a) the National Anti‑Corruption Commissioner; or(b) a Deputy Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or(c) a National Anti‑Corruption Commission officer who is an SES employee the chief officer authorises under subsection (5) |\n| --- | ----------------------------------- | ----------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n","sortOrder":160},{"sectionNumber":"196","sectionType":"section","heading":"Section 6B","content":"196 Section 6B\n\n","sortOrder":161},{"sectionNumber":"197","sectionType":"section","heading":"Section 6B","content":"197 Section 6B\n\nOmit “staff member of ACLEI to be a law enforcement officer of ACLEI”, substitute “National Anti‑Corruption Commission officer to be a law enforcement officer of the National Anti‑Corruption Commission”.\n\n","sortOrder":162},{"sectionNumber":"197A","sectionType":"section","heading":"Section 11","content":"197A Section 11\n\nRepeal the section, substitute:\n\n## 11 Who may issue etc. warrants?\n\n#### 11 Who may issue etc. warrants?\n\n (1) Any warrant under this Part may be issued by:\n (a) in relation to an application for a warrant by a law enforcement officer of the National Anti‑Corruption Commission—an eligible Judge; or\n Warrants issued to law enforcement officers of the NACC\n (2) An application made under this Part by a law enforcement officer of the National Anti‑Corruption Commission may be made only to an eligible Judge.\n\n> Note: An application under this Part may be for a warrant, or to extend or vary a warrant.\n\n (3) A warrant issued under this Part to a law enforcement officer of the National Anti‑Corruption Commission may be revoked only by an eligible Judge.\n\n> Note: Warrants may be revoked under this Part by an eligible Judge or nominated AAT member on their own initiative. As a result of this subsection, warrants issued to law enforcement officers of the National Anti‑Corruption Commission may be revoked only by an eligible Judge.\n\n","sortOrder":163},{"sectionNumber":"197B","sectionType":"section","heading":"Subsection 12(1) (definition of eligible Judge)","content":"197B Subsection 12(1) (definition of eligible Judge)\n\n> eligible Judge means a person:\n\n (a) in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force; and\n (b) in relation to any of the following issued to, or applied for by, a law enforcement officer of the National Anti‑Corruption Commission—who is a superior Court Judge:\n (i) a warrant;\n (ii) an emergency authorisation;\n (iii) an assistance order (within the meaning of subsection 64A(1)).\n\n","sortOrder":164},{"sectionNumber":"197C","sectionType":"section","heading":"Subsection 13(1)","content":"197C Subsection 13(1)\n\nAfter “warrants”, insert “(except to law enforcement officers of the National Anti‑Corruption Commission)”.\n\n","sortOrder":165},{"sectionNumber":"197D","sectionType":"section","heading":"Subsection 33(1)","content":"197D Subsection 33(1)\n\n (1) Within 48 hours after giving an emergency authorisation to a law enforcement officer, the appropriate authorising officer who gave the authorisation (or another person on that appropriate authorising officer’s behalf) must apply, for approval of the giving of the emergency authorisation, to:\n (a) for an authorisation given to a law enforcement officer of the National Anti‑Corruption Commission—an eligible Judge; or\n\n","sortOrder":166},{"sectionNumber":"198","sectionType":"section","heading":"Paragraphs 37(1)(aa) and 38(1)(aa)","content":"198 Paragraphs 37(1)(aa) and 38(1)(aa)\n\n (aa) if the officer belongs or is seconded to the National Anti‑Corruption Commission—that is within the functions of the National Anti‑Corruption Commissioner set out in section 17 of the National Anti‑Corruption Commission Act 2022; or\n\n","sortOrder":167},{"sectionNumber":"199","sectionType":"section","heading":"Subsection 45A(5) (definition of staff member)","content":"199 Subsection 45A(5) (definition of staff member)\n\nOmit “the Law Enforcement Integrity Commissioner Act 2006 (see section 10 of that Act)”, substitute “section 12 of the National Anti‑Corruption Commission Act 2022”.\n\n","sortOrder":168},{"sectionNumber":"200","sectionType":"section","heading":"Subparagraphs 64(1)(a)(ii) and (2)(b)(ii)","content":"200 Subparagraphs 64(1)(a)(ii) and (2)(b)(ii)\n\nRepeal the subparagraphs, substitute:\n\n (ii) the National Anti‑Corruption Commissioner or another National Anti‑Corruption Commission officer;\n\n","sortOrder":169},{"sectionNumber":"200A","sectionType":"section","heading":"Subsection 64A(1)","content":"200A Subsection 64A(1)\n\nOmit “to an eligible Judge or to a nominated AAT member”.\n\n","sortOrder":170},{"sectionNumber":"200B","sectionType":"section","heading":"After subsection 64A(1)","content":"200B After subsection 64A(1)\n\n (1A) The application may be made to:\n (a) for an application made by a law enforcement officer of the National Anti‑Corruption Commission—an eligible Judge; or\n\nTaxation Administration Act 1953\n\n","sortOrder":171},{"sectionNumber":"201","sectionType":"section","heading":"Subsection 355‑65(5) in Schedule 1 (at the end of the table)","content":"201 Subsection 355‑65(5) in Schedule 1 (at the end of the table)\n\nAdd:\n\n| 6 | the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022) | (a) is for the purposes of the National Anti‑Corruption Commission Act 2022; and(b) is in relation to a corruption issue that relates to the Australian Taxation Office or the Inspector‑General of Taxation. |\n| --- | ------------------------------------------------------------------------------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n","sortOrder":172},{"sectionNumber":"202","sectionType":"section","heading":"Paragraph 355‑70(4)(d) in Schedule 1","content":"202 Paragraph 355‑70(4)(d) in Schedule 1\n\n (d) the National Anti‑Corruption Commission; or\n\n","sortOrder":173},{"sectionNumber":"203","sectionType":"section","heading":"After section 355‑190 in Schedule 1","content":"203 After section 355‑190 in Schedule 1\n\n## 355‑192 Exception—on‑disclosure in relat 355‑192 Exception—on‑disclosure in relation to National Anti‑Corruption Commission Act 2022\n\n#### 355‑192 Exception—on‑disclosure in relation to National Anti‑Corruption Commission Act 2022\n\n (1) Section 355‑155 does not apply if:\n (a) the entity is the Inspector‑General of Taxation; and\n (b) the information was acquired by the Inspector‑General of Taxation under the exception in subsection 355‑65(1) operating in relation to item 5 in the table in subsection 355‑65(5); and\n (c) the record is made for, or the disclosure is to:\n (i) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n (ii) another staff member of the NACC (within the meaning of that Act); and\n (d) the record or disclosure is:\n (i) for the purposes of the National Anti‑Corruption Commission Act 2022; and\n (ii) in relation to a corruption issue (within the meaning of that Act) that relates to the Australian Taxation Office or the Inspector‑General of Taxation.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n (2) Section 355‑155 does not apply if:\n (a) the entity is:\n (i) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n (ii) another staff member of the NACC (within the meaning of that Act); and\n (b) the information was acquired by the entity under subsection (1) or this subsection; and\n (c) the record or disclosure is for the purpose of performing a function or duty of the National Anti‑Corruption Commissioner or another staff member of the NACC under the National Anti‑Corruption Commission Act 2022.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.\n\n","sortOrder":174},{"sectionNumber":"204","sectionType":"section","heading":"Application provision—amendments of Taxation Administration Act 1953","content":"204 Application provision—amendments of Taxation Administration Act 1953\n\nThe amendments of Schedule 1 to the Taxation Administration Act 1953 made by this Schedule apply in relation to records and disclosures of information made on or after this item’s commencement (whether the information was obtained before, on or after that commencement).\n\nTelecommunications Act 1997\n\n","sortOrder":175},{"sectionNumber":"205","sectionType":"section","heading":"Subsection 280(1A)","content":"205 Subsection 280(1A)\n\n (1A) In applying paragraph (1)(a) to the National Anti‑Corruption Commission, the reference in that paragraph to the operation of an enforcement agency is taken to be a reference to the performance of the functions of the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022).\n\nTelecommunications (Interception and Access) Act 1979\n\n206 Subsection 5(1) (definition of Assistant Integrity Commissioner)\n\n207 Subsection 5(1) (paragraph (aa) of the definition of certifying officer)\n\n208 Subsection 5(1) (subparagraphs (aa)(i) and (ii) of the definition of certifying officer)\n\nRepeal the subparagraphs, substitute:\n\n (i) the National Anti‑Corruption Commissioner; or\n\n","sortOrder":176},{"sectionNumber":"209","sectionType":"section","heading":"Subsection 5(1) (subparagraph (aa)(iii) of the definition of certifying officer)","content":"209 Subsection 5(1) (subparagraph (aa)(iii) of the definition of certifying officer)\n\nOmit “ACLEI”, substitute “the National Anti‑Corruption Commission”.\n\n","sortOrder":177},{"sectionNumber":"210","sectionType":"section","heading":"Subsection 5(1) (paragraph (aa) of the definition of chief officer)","content":"210 Subsection 5(1) (paragraph (aa) of the definition of chief officer)\n\nOmit “Australian Commission for Law Enforcement Integrity—the Integrity Commissioner”, substitute “National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner”.\n\n","sortOrder":178},{"sectionNumber":"211","sectionType":"section","heading":"Subsection 5(1) (paragraph (aa) of the definition of Commonwealth agency)","content":"211 Subsection 5(1) (paragraph (aa) of the definition of Commonwealth agency)\n\n (aa) the National Anti‑Corruption Commission; or\n\n","sortOrder":179},{"sectionNumber":"212","sectionType":"section","heading":"Subsection 5(1)","content":"212 Subsection 5(1)\n\n> Inspector of the National Anti‑Corruption Commission means the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":180},{"sectionNumber":"213","sectionType":"section","heading":"Subsection 5(1) (definition of Integrity Commissioner)","content":"213 Subsection 5(1) (definition of Integrity Commissioner)\n\n","sortOrder":181},{"sectionNumber":"213A","sectionType":"section","heading":"Subsection 5(1) (definition of issuing authority)","content":"213A Subsection 5(1) (definition of issuing authority)\n\n> issuing authority (except when used in Schedule 1) means a person:\n\n (a) in respect of whom an appointment is in force under section 6DB; and\n\n","sortOrder":182},{"sectionNumber":"214","sectionType":"section","heading":"Subsection 5(1)","content":"214 Subsection 5(1)\n\n> National Anti‑Corruption Commissioner means the Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n> National Anti‑Corruption Deputy Commissioner means a Deputy Commissioner within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":183},{"sectionNumber":"215","sectionType":"section","heading":"Subsection 5(1) (paragraph (aa) of the definition of officer)","content":"215 Subsection 5(1) (paragraph (aa) of the definition of officer)\n\n (aa) in the case of the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner or another staff member of the NACC; or\n\n","sortOrder":184},{"sectionNumber":"215A","sectionType":"section","heading":"Subsection 5(1) (definition of Part 4‑1 issuing authority)","content":"215A Subsection 5(1) (definition of Part 4‑1 issuing authority)\n\n> Part 4‑1 issuing authority means a person:\n\n (a) in respect of whom an appointment is in force under section 6DC; and\n\n","sortOrder":185},{"sectionNumber":"216","sectionType":"section","heading":"Subsection 5(1) (definition of permitted purpose)","content":"216 Subsection 5(1) (definition of permitted purpose)\n\nOmit “eligible authority of a State or ASIC”, substitute “eligible authority of a State, ASIC or the Inspector of the National Anti‑Corruption Commission”.\n\n","sortOrder":186},{"sectionNumber":"217","sectionType":"section","heading":"Subsection 5(1) (paragraph (baa) of the definition of permitted purpose)","content":"217 Subsection 5(1) (paragraph (baa) of the definition of permitted purpose)\n\n","sortOrder":187},{"sectionNumber":"218","sectionType":"section","heading":"Subsection 5(1) (subparagraph (baa)(i) of the definition of permitted purpose)","content":"218 Subsection 5(1) (subparagraph (baa)(i) of the definition of permitted purpose)\n\nOmit “(within the meaning of the Law Enforcement Integrity Commissioner Act 2006)”, substitute “or NACC corruption investigation (within the meaning of the National Anti‑Corruption Commission Act 2022)”.\n\n","sortOrder":188},{"sectionNumber":"219","sectionType":"section","heading":"Subsection 5(1) (after paragraph (baa) of the definition of permitted purpose)","content":"219 Subsection 5(1) (after paragraph (baa) of the definition of permitted purpose)\n\n (bab) in the case of the Inspector of the National Anti‑Corruption Commission:\n (i) a NACC corruption investigation (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n (ii) a report on such an investigation; or\n\n","sortOrder":189},{"sectionNumber":"220","sectionType":"section","heading":"Subsection 5(1)","content":"220 Subsection 5(1)\n\n> person assisting the NACC Inspector means a person assisting the Inspector within the meaning of the National Anti‑Corruption Commission Act 2022.\n\n","sortOrder":190},{"sectionNumber":"221","sectionType":"section","heading":"Subsection 5(1) (paragraph (aa) of the definition of prescribed investigation)","content":"221 Subsection 5(1) (paragraph (aa) of the definition of prescribed investigation)\n\n (aa) in the case of the National Anti‑Corruption Commission—means a corruption investigation or NACC corruption investigation (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n\n222 Subsection 5(1) (paragraph (aa) of the definition of relevant offence)\n\n223 Subsection 5(1) (definition of staff member of ACLEI)\n\n224 Subsection 5(1)\n\n224A Subsection 5(1)\n\n> superior Court Judge means:\n\n (a) a Judge of the Federal Court of Australia; or\n (b) a Judge of the Federal Circuit and Family Court of Australia (Division 1).\n\n","sortOrder":191},{"sectionNumber":"225","sectionType":"section","heading":"Subsection 5AC(2)","content":"225 Subsection 5AC(2)\n\n","sortOrder":192},{"sectionNumber":"226","sectionType":"section","heading":"Subsection 5AC(2)","content":"226 Subsection 5AC(2)\n\nOmit “ACLEI” (wherever occurring), substitute “the National Anti‑Corruption Commission”.\n\n","sortOrder":193},{"sectionNumber":"227","sectionType":"section","heading":"After paragraph 5B(1)(kc)","content":"227 After paragraph 5B(1)(kc)\n\n (kd) a NACC Act process (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n\n","sortOrder":194},{"sectionNumber":"228","sectionType":"section","heading":"Subparagraph 6A(1)(c)(ia)","content":"228 Subparagraph 6A(1)(c)(ia)\n\n (ia) the National Anti‑Corruption Commission;\n\n","sortOrder":195},{"sectionNumber":"228A","sectionType":"section","heading":"Subsection 6D(1) (definition of eligible Judge)","content":"228A Subsection 6D(1) (definition of eligible Judge)\n\n> eligible Judge (except when used in Schedule 1) means a Judge:\n\n (a) in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force; and\n\n","sortOrder":196},{"sectionNumber":"228B","sectionType":"section","heading":"Subsection 6DA(1)","content":"228B Subsection 6DA(1)\n\nAfter “warrants”, insert “(except to the National Anti‑Corruption Commission)”.\n\n229 Paragraph 6L(2)(a)\n\n230 Subsection 6S(1) (table items 1 and 2, column 1, paragraph (c))\n\n231 Subsection 6S(1) (note)\n\n232 Subsection 6S(2) (paragraph (c) of the definition of disciplinary or legal action)\n\nOmit “(within the meaning of the Law Enforcement Integrity Commissioner Act 2006)”.\n\n","sortOrder":197},{"sectionNumber":"233","sectionType":"section","heading":"Subsection 6S(2)","content":"233 Subsection 6S(2)\n\n","sortOrder":198},{"sectionNumber":"234","sectionType":"section","heading":"Subsection 6S(2) (definition of eligible staff member)","content":"234 Subsection 6S(2) (definition of eligible staff member)\n\nOmit “Law Enforcement Integrity Commissioner Act 2006 (see section 10”, substitute “National Anti‑Corruption Commission Act 2022 (see section 12”.\n\n","sortOrder":199},{"sectionNumber":"234A","sectionType":"section","heading":"Subsection 39(1)","content":"234A Subsection 39(1)\n\n (1) An agency may apply for a warrant in respect of a telecommunications service or a person to:\n\n235 Paragraph 39(2)(aa)\n\n236 Subparagraph 39(2)(aa)(i)\n\n237 Subparagraph 39(2)(aa)(ii)\n\n238 Subparagraph 39(2)(aa)(iii)\n\nOmit “ACLEI”, substitute “the National Anti‑Corruption Commission”.\n\n","sortOrder":200},{"sectionNumber":"239","sectionType":"section","heading":"Subparagraph 39(2)(aa)(iii)","content":"239 Subparagraph 39(2)(aa)(iii)\n\n","sortOrder":201},{"sectionNumber":"240","sectionType":"section","heading":"After subsection 63AB(3)","content":"240 After subsection 63AB(3)\n\n (3A) A person may, in connection with the performance of a function or duty, or the exercise of a power, of:\n (a) the Inspector of the National Anti‑Corruption Commission; or\n (b) a person assisting the NACC Inspector;\n communicate to the Inspector or the person assisting (as the case requires), or make use of, or make a record of, general computer access intercept information.\n\n","sortOrder":202},{"sectionNumber":"241","sectionType":"section","heading":"After subsection 63AB(4)","content":"241 After subsection 63AB(4)\n\n (4A) The Inspector of the National Anti‑Corruption Commission or a person assisting the NACC Inspector may, in connection with:\n (a) the performance of their functions or duties; or\n (b) the exercise of their powers;\n communicate to another person, or make use of, or make a record of, general computer access intercept information.\n\n","sortOrder":203},{"sectionNumber":"242","sectionType":"section","heading":"After subsection 63AB(5)","content":"242 After subsection 63AB(5)\n\n (5A) If:\n (a) information was obtained by intercepting a communication passing over a telecommunications system; and\n (b) the interception was purportedly for the purposes of doing a thing specified in a general computer access warrant; and\n (c) the interception was not authorised by the general computer access warrant;\n then:\n (d) a person may, in connection with the performance of a function or duty, or the exercise of a power, of:\n (i) the Inspector of the National Anti‑Corruption Commission; or\n (ii) a person assisting the NACC Inspector;\n communicate to the Inspector or the person assisting (as the case requires), or make use of, or make a record of, that information; and\n (e) the Inspector of the National Anti‑Corruption Commission or a person assisting the NACC Inspector may, in connection with:\n (i) the performance of their functions or duties; or\n (ii) the exercise of their powers;\n communicate to another person, or make use of, or make a record of, that information.\n\n","sortOrder":204},{"sectionNumber":"243","sectionType":"section","heading":"After subsection 67(3)","content":"243 After subsection 67(3)\n\n Dealing for permitted purposes in relation to NACC Inspector\n (3A) The Inspector of the National Anti‑Corruption Commission or a person assisting the NACC Inspector may, for a permitted purpose, or permitted purposes, in relation to the performance of a function or duty, or the exercise of a power, of the Inspector or the person assisting, and for no other purpose, communicate to another person, make use of, or make a record of the following:\n (a) lawfully intercepted information other than foreign intelligence information;\n (b) interception warrant information.\n\n","sortOrder":205},{"sectionNumber":"244","sectionType":"section","heading":"Paragraph 68(db)","content":"244 Paragraph 68(db)\n\nOmit “an ACLEI corruption issue (within the meaning of the Law Enforcement Integrity Commissioner Act 2006)—to the Integrity Commissioner”, substitute “a NACC corruption issue (within the meaning of the National Anti‑Corruption Commission Act 2022)—to the National Anti‑Corruption Commissioner”.\n\n245 Paragraph 68(n)\n\n246 Subparagraph 68(n)(ii)\n\n247 Paragraph 68(o)\n\n248 At the end of section 68\n\nAdd:\n\n ; and (q) to the Inspector of the National Anti‑Corruption Commission or a person assisting the NACC Inspector, if the information relates, or appears to relate, to a NACC corruption issue (within the meaning of the National Anti‑Corruption Commission Act 2022).\n\n","sortOrder":206},{"sectionNumber":"249","sectionType":"section","heading":"Paragraph 71(2)(ca)","content":"249 Paragraph 71(2)(ca)\n\n (ca) the National Anti‑Corruption Commissioner; or\n (cb) the Inspector of the National Anti‑Corruption Commission; or\n\n","sortOrder":207},{"sectionNumber":"250","sectionType":"section","heading":"Paragraph 110A(1)(c)","content":"250 Paragraph 110A(1)(c)\n\n (c) the National Anti‑Corruption Commission;\n\n","sortOrder":208},{"sectionNumber":"251","sectionType":"section","heading":"Subsection 140(1)","content":"251 Subsection 140(1)\n\nOmit “Integrity Commissioner or the Chief Executive Officer of the ACC”, substitute “National Anti‑Corruption Commissioner, the Chief Executive Officer of the ACC, the Inspector of the National Anti‑Corruption Commission or a person assisting the NACC Inspector”.\n\n","sortOrder":209},{"sectionNumber":"251A","sectionType":"section","heading":"Clause 2 of Schedule 1 (definition of issuing authority)","content":"251A Clause 2 of Schedule 1 (definition of issuing authority)\n\n> issuing authority means a person:\n\n (a) in respect of whom an appointment is in force under clause 16; and\n (b) in relation to an international production order applied for by the National Anti‑Corruption Commission—who is a superior Court Judge.\n\n","sortOrder":210},{"sectionNumber":"251B","sectionType":"section","heading":"Subclause 14(1) of Schedule 1","content":"251B Subclause 14(1) of Schedule 1\n\nRepeal the subclause, substitute:\n\n (1) For the purposes of this Schedule, eligible Judge means a person:\n (a) in relation to whom a consent under subclause (2) and a declaration under subclause (3) are in force; and\n (b) in relation to an international production order applied for by the National Anti‑Corruption Commission—who is a superior Court Judge.\n\n","sortOrder":211},{"sectionNumber":"251C","sectionType":"section","heading":"Subclause 15(1) of Schedule 1","content":"251C Subclause 15(1) of Schedule 1\n\nAfter “orders”, insert “(except to the National Anti‑Corruption Commission)”.\n\n","sortOrder":212},{"sectionNumber":"251D","sectionType":"section","heading":"Subclause 22(1) of Schedule 1","content":"251D Subclause 22(1) of Schedule 1\n\nOmit “to an eligible Judge or nominated AAT member”.\n\n","sortOrder":213},{"sectionNumber":"251E","sectionType":"section","heading":"After subclause 22(1) of Schedule 1","content":"251E After subclause 22(1) of Schedule 1\n\n (1A) The interception agency may apply for the order to:\n (b) otherwise—an eligible Judge or nominated AAT member.\n\n252 Paragraph 22(3)(b) of Schedule 1\n\n253 Subparagraph 22(3)(b)(i) of Schedule 1\n\n254 Subparagraph 22(3)(b)(ii) of Schedule 1\n\n255 Subparagraph 22(3)(b)(iii) of Schedule 1\n\nOmit “Australian Commission for Law Enforcement Integrity”, substitute “NACC”.\n\n","sortOrder":214},{"sectionNumber":"256","sectionType":"section","heading":"Subparagraph 22(3)(b)(iii) of Schedule 1","content":"256 Subparagraph 22(3)(b)(iii) of Schedule 1\n\n","sortOrder":215},{"sectionNumber":"256A","sectionType":"section","heading":"Subclause 52(1) of Schedule 1","content":"256A Subclause 52(1) of Schedule 1\n\nOmit “to an eligible Judge or nominated AAT member”.\n\n","sortOrder":216},{"sectionNumber":"256B","sectionType":"section","heading":"After subclause 52(1) of Schedule 1","content":"256B After subclause 52(1) of Schedule 1\n\n (1A) The Part 5.3 IPO agency may apply for the order to:\n (b) otherwise—an eligible Judge or nominated AAT member.\n\n","sortOrder":217},{"sectionNumber":"257","sectionType":"section","heading":"After paragraph 153(1)(q) of Schedule 1","content":"257 After paragraph 153(1)(q) of Schedule 1\n\n (qa) the performance of a function or duty, or the exercise of a power, of the Inspector of the National Anti‑Corruption Commission or a person assisting the NACC Inspector;\n\n258 Paragraph 157(1)(zc) of Schedule 1\n\n259 Paragraph 157(2)(c) of Schedule 1 (definition of eligible purpose)\n\n260 Subparagraph 157(2)(c)(i) of Schedule 1 (definition of eligible purpose)\n\nOmit “(within the meaning of the Law Enforcement Integrity Commissioner Act 2006)”, substitute “or NACC corruption investigation (within the meaning of the National Anti‑Corruption Commission Act 2022)”.\n\nWitness Protection Act 1994\n\n","sortOrder":218},{"sectionNumber":"261","sectionType":"section","heading":"Section 3 (paragraph (aa) of the definition of approved authority)","content":"261 Section 3 (paragraph (aa) of the definition of approved authority)\n\n (aa) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n\n","sortOrder":219},{"sectionNumber":"262","sectionType":"section","heading":"Paragraphs 22(5)(c), 22A(5)(c) and 22B(3)(c)","content":"262 Paragraphs 22(5)(c), 22A(5)(c) and 22B(3)(c)\n\n (c) the disclosure is a NACC disclosure (within the meaning of the National Anti‑Corruption Commission Act 2022); or\n\n","sortOrder":220},{"sectionNumber":"Part 3","sectionType":"part","heading":"Other amendments","content":"Part 3—Other amendments\n\nTelecommunications Act 1997\n\n","sortOrder":221},{"sectionNumber":"263","sectionType":"section","heading":"Section 317B (after paragraph (b) of the definition of interception agency)","content":"263 Section 317B (after paragraph (b) of the definition of interception agency)\n\n ; or (ba) the National Anti‑Corruption Commission; or\n\n","sortOrder":222},{"sectionNumber":"264","sectionType":"section","heading":"Section 317B (at the end of the definition of interception agency)","content":"264 Section 317B (at the end of the definition of interception agency)\n\nAdd:\n\n ; or (d) the Independent Commission Against Corruption of New South Wales; or\n (e) the New South Wales Crime Commission; or\n (f) the Law Enforcement Conduct Commission of New South Wales; or\n (g) the Independent Broad‑based Anti‑corruption Commission of Victoria; or\n (h) the Crime and Corruption Commission of Queensland; or\n (i) the Independent Commission Against Corruption of South Australia; or\n (j) the Corruption and Crime Commission of Western Australia.\n\n","sortOrder":223},{"sectionNumber":"265","sectionType":"section","heading":"Section 317B","content":"265 Section 317B\n\n> member of the staff of the Independent Commission Against Corruption of South Australia means a person who is engaged under subsection 12(1) of the Independent Commission Against Corruption Act 2012 (SA).\n\n","sortOrder":224},{"sectionNumber":"266","sectionType":"section","heading":"Section 317ZM (after table item 3)","content":"266 Section 317ZM (after table item 3)\n\n| 3A | National Anti‑Corruption Commission | the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022) | a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022) |\n| --- | ----------------------------------- | ------------------------------------------------------------------------------------------------------------------ | --------------------------------------------------------------------------------------------------- |\n\n","sortOrder":225},{"sectionNumber":"267","sectionType":"section","heading":"Section 317ZM (at the end of the table)","content":"267 Section 317ZM (at the end of the table)\n\nAdd:\n\n| 5 | Independent Commission Against Corruption of New South Wales | the Chief Commissioner (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)) | an officer of the Commission (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)) (other than a person engaged under section 104B of that Act) |\n| --- | -------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 6 | New South Wales Crime Commission | the Commissioner (within the meaning of the Crime Commission Act 2012 (NSW)) | an officer of the Commission (within the meaning of the Crime Commission Act 2012 (NSW)) other than a person engaged under subsection 74(2) of that Act |\n| 7 | Law Enforcement Conduct Commission of New South Wales | the Chief Commissioner (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)) | (a) a Commissioner (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)); or(b) a member of staff of the Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)) |\n| 8 | Independent Broad‑based Anti‑corruption Commission of Victoria | the Commissioner (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.)) | a sworn IBAC Officer (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.)) |\n| 9 | Crime and Corruption Commission of Queensland | the chairperson (within the meaning of the Crime and Corruption Act 2001 (Qld)) | a commission officer (as defined by paragraph (a) of the definition of commission officer in Schedule 2 to the Crime and Corruption Act 2001 (Qld)) other than a person engaged under section 256 of that Act |\n| 10 | Independent Commission Against Corruption of South Australia | the Commissioner (within the meaning of the Independent Commission Against Corruption Act 2012 (SA)) | (a) the Commissioner (within the meaning of the Independent Commission Against Corruption Act 2012 (SA)); or(b) the Deputy Commissioner (within the meaning of the Independent Commission Against Corruption Act 2012 (SA)); or(c) a member of the staff of the Independent Commission Against Corruption of South Australia |\n| 11 | Corruption and Crime Commission of Western Australia | the Commissioner (within the meaning of the Corruption, Crime and Misconduct Act 2003 (WA)) | an officer of the Commission (within the meaning of the Corruption, Crime and Misconduct Act 2003 (WA)) other than a person engaged under section 182 of that Act |\n\n","sortOrder":226},{"sectionNumber":"268","sectionType":"section","heading":"Subsection 317ZR(1) (after table item 3)","content":"268 Subsection 317ZR(1) (after table item 3)\n\n| 3A | National Anti‑Corruption Commission | a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022) who is a Deputy Commissioner, SES employee or acting SES employee |\n| --- | ----------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n","sortOrder":227},{"sectionNumber":"269","sectionType":"section","heading":"Subsection 317ZR(1) (at the end of the table)","content":"269 Subsection 317ZR(1) (at the end of the table)\n\nAdd:\n\n| 5 | Independent Commission Against Corruption of New South Wales | (a) a Commissioner (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)); or(b) an Assistant Commissioner (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)); or(c) an officer of the Commission (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)) (other than a person engaged under section 104B of that Act) who is at executive level |\n| --- | -------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 6 | New South Wales Crime Commission | an officer of the Commission (within the meaning of the Crime Commission Act 2012 (NSW)) (other than a person engaged under subsection 74(2) of that Act) who is at executive level |\n| 7 | Law Enforcement Conduct Commission of New South Wales | (a) a Commissioner (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)); or(b) a member of staff of the Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)) who is at executive level |\n| 8 | Independent Broad‑based Anti‑corruption Commission of Victoria | (a) a Deputy Commissioner of the Commission (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.)); or(b) the Chief Executive Officer (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.)); or(c) a sworn IBAC Officer (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.)) who is at executive level |\n| 9 | Crime and Corruption Commission of Queensland | a senior executive officer (within the meaning of the Crime and Corruption Act 2001 (Qld)) |\n| 10 | Independent Commission Against Corruption of South Australia | (a) the Deputy Commissioner (within the meaning of the Independent Commission Against Corruption Act 2012 (SA)); or(b) a member of the staff of the Independent Commission Against Corruption of South Australia who is at executive level |\n| 11 | Corruption and Crime Commission of Western Australia | an officer of the Commission (within the meaning of the Corruption, Crime and Misconduct Act 2003 (WA)) (other than a person engaged under section 182 of that Act) who is at executive level |\n\n","sortOrder":228},{"sectionNumber":"270","sectionType":"section","heading":"At the end of section 317ZR","content":"270 At the end of section 317ZR\n\nAdd:\n\n (6) For the purposes of this section, a person is at executive level, in relation to an interception agency of Western Australia, if the person occupies an office or position at an equivalent level to that of a senior executive officer (within the meaning of the Public Sector Management Act 1994 (WA)).\n\nSchedule 2—Application, saving and transitional provisions\n\nPart 1—Introduction\n\n1 Definitions\n\n(1) In this Schedule:\n\nexisting inquiry: see paragraph 2(1)(b).\n\nexisting investigation: see paragraph 2(1)(a).\n\ninstrument includes:\n\n (a) a contract, deed, undertaking, arrangement or agreement; and\n (b) a notice, authority, order or instruction; and\n (c) an instrument made under an Act or a regulation.\n\nNACC corruption issue transition notice: see subitem 36(4).\n\nnew Act means the National Anti‑Corruption Commission Act 2022.\n\nold Act means the Law Enforcement Integrity Commissioner Act 2006, as in force immediately before the transition time.\n\nrules means the rules made under item 57.\n\ntransition determination means, in relation to an existing investigation or an existing inquiry, a determination under subitem 3(1).\n\ntransition time means the time section 40 of the new Act (which gives the National Anti‑Corruption Commissioner the power to deal with a corruption issue) commences.\n\n(2) Expressions used in this Schedule that are defined for the purposes of the new Act, and are used in relation to that Act, have the same meaning as in that Act.\n\n(3) Expressions used in this Schedule that were defined for the purposes of the old Act, and are used in relation to that Act, have the same meaning as in that Act.\n\n(4) For the purposes of the operation of the old Act after the transition time, as provided for by this Schedule:\n\n (a) the National Anti‑Corruption Commissioner may exercise the powers, and perform the functions and duties, of the Integrity Commissioner; and\n (b) the Inspector may exercise the powers, and perform the functions and duties, of a special investigator; and\n (c) the old Act applies with such further modifications as are necessary for matters under the old Act to be managed by the National Anti‑Corruption Commission or the Inspector, as the case requires; and\n (d) the amendments made by Part 2 of Schedule 1 are taken not to have been made.\n\nPart 2—Existing investigations and inquiries\n\n2 Transitional—continuation of existing investigations and inquiries\n\n(1) This item applies in relation to the following:\n\n (a) an investigation (the existing investigation) of a corruption issue by the Integrity Commissioner, whether alone or jointly with another person or persons, under Part 6 of the old Act that has been commenced but is not yet completed at the transition time;\n (b) a public inquiry (the existing inquiry) by the Integrity Commissioner under Part 8 of the old Act that has been commenced but is not yet completed at the transition time.\n\n(2) The National Anti‑Corruption Commissioner may continue to conduct the existing investigation or existing inquiry under the old Act as if the old Act had not been repealed.\n\n> Note: An effect of this subitem is that the rights and obligations of persons and agencies in relation to the investigation or inquiry are determined by the old Act.\n\n(3) However, subitem (2) does not apply if the National Anti‑Corruption Commissioner makes a transition determination in relation to the existing investigation or existing inquiry.\n\n3 Transitional—transition determinations\n\n(1) The National Anti‑Corruption Commissioner may, by notice in writing (the transition determination), determine that the new Act applies to an existing investigation or an existing inquiry if the National Anti‑Corruption Commissioner considers that:\n\n (a) it is more appropriate to deal with the issues the subject of the existing investigation or existing inquiry under the new Act; and\n (b) in the case of an existing investigation—the issues could involve corrupt conduct that is serious or systemic.\n\n(2) The National Anti‑Corruption Commissioner must, as soon as reasonably practicable, give a copy of the transition determination to each head of a government agency to which the existing investigation or existing inquiry relates.\n\n(3) The new Act applies to the existing investigation or existing inquiry from the later of the following times:\n\n (a) the time the transition determination is given to the head of each government agency to which the existing investigation or existing inquiry relates;\n (b) the time specified in the transition determination.\n\n> Note: The new Act will then determine the National Anti‑Corruption Commissioner’s powers, functions and duties in relation to the investigation or inquiry. Similarly, the rights and obligations of persons and agencies in relation to the investigation or inquiry will be determined by the new Act.\n\n(4) A transition determination is not a legislative instrument.\n\n4 Transitional—investigations managed or overseen by Integrity Commissioner\n\n(1) This item applies if, at the transition time, any of the following investigations had been commenced but had not yet been completed:\n\n (a) an investigation of a corruption issue by a law enforcement agency managed by the Integrity Commissioner under subsection 61(1) of the old Act;\n (b) an investigation of a corruption issue by a law enforcement agency overseen by the Integrity Commissioner under subsection 62(1) of the old Act.\n\n(2) The National Anti‑Corruption Commissioner may continue to manage, or oversee, the investigation under the old Act as if the old Act had not been repealed.\n\n(3) The law enforcement agency investigating the corruption issue must comply with any reporting obligations under the old Act.\n\n5 Transitional—investigations conducted solely by law enforcement agencies\n\n (a) the Integrity Commissioner referred a corruption issue to a law enforcement agency for investigation under subparagraph 26(1)(b)(iii) of the old Act; and\n (b) the investigation had been commenced but had not yet been completed before the transition time.\n\n(2) The referral is taken, after the transition time, to have been made by the National Anti‑Corruption Commissioner under paragraph 41(1)(c) of the new Act.\n\n6 Transitional—investigation of corruption issues relating to conduct of secondees\n\n(1) This item applies if, immediately before the transition time:\n\n (a) a government agency, or an integrity agency for a State or Territory, was investigating the conduct of a secondee to a law enforcement agency; and\n (b) the investigation was being done under an arrangement made under subsection 30(1) of the old Act.\n\n(2) The government agency, or the integrity agency for the State or Territory, may continue to investigate the corruption issue as if the old Act had not been repealed.\n\nPart 3—Corruption issues previously referred or notified\n\n7 Transitional—referral and notification of corruption issues\n\n(1) This item applies if, before the transition time:\n\n (a) a person:\n (i) had referred an allegation, or information, that raised a corruption issue to the Integrity Commissioner; or\n (ii) had notified a corruption issue to the Integrity Commissioner; and\n (b) the Integrity Commissioner:\n (i) had not yet decided, under Division 2 of Part 4 of the old Act, how to deal with the corruption issue; or\n (ii) had decided, under that Division, how to deal with the corruption issue, but had not yet commenced taking any action to deal with the issue.\n\n(2) The allegation or information is taken, or the corruption issue is taken, after the transition time, to have been referred to the National Anti‑Corruption Commissioner under Part 5 of the new Act.\n\n8 Transitional—protection of persons referring or notifying corruption issues\n\nIf subitem 7(1) applies in relation to a person and a referral or notification, the person is taken, after the transition time, to have made a NACC disclosure under the new Act in relation to the referral or notification.\n\n","sortOrder":229},{"sectionNumber":"Part 4","sectionType":"part","heading":"Facilitating investigations and inquiries","content":"Part 4—Facilitating investigations and inquiries\n\n9 Transitional—notices to give information or produce documents or things\n\n(1) This item applies in relation to any of the following:\n\n (a) a notice given to a person, before the transition time, by the Integrity Commissioner under subsection 75(1) of the old Act requiring the recipient of the notice to give information or to produce a document or thing with which the recipient has not yet complied;\n (b) a notation included, under subsection 77A(2) of the old Act, in such a notice prohibiting the disclosure of information.\n\n(2) The old Act continues to apply in relation to the notice and the notation as if the old Act had not been repealed.\n\n(3) However, if the notice or notation relates to an existing investigation or existing inquiry to which the new Act applies because of a transition determination, then the following apply:\n\n (a) the notice is taken to be a notice to produce given by the National Anti‑Corruption Commissioner under subsection 58(2) of the new Act;\n (b) the notation is taken to be a non‑disclosure notation included in the notice to produce for the purposes of subsection 95(1) of the new Act.\n\n10 Transitional—protection of persons who comply with notices and protection of witnesses etc.\n\n(1) This item applies if one of the following was in effect immediately before the transition time:\n\n (a) an arrangement under subsection 81(3) of the old Act for the protection of a person who gave information, or produced a document or thing, in response to a notice served on the person under section 75 of the old Act;\n (b) an arrangement under subsection 104A(3) of the old Act for the protection of a person mentioned in subsection 104A(2) of the old Act.\n\n(2) The arrangement continues in effect, after the transition time, as if it had been made under subsection 116(2) of the new Act.\n\n11 Transitional—summons to attend hearings\n\n(1) This item applies in relation to any of the following:\n\n (a) a summons issued to a person, before the transition time, by the Integrity Commissioner under subsection 83(1) of the old Act to attend a hearing to give evidence or to produce any document or thing referred to in the summons;\n (b) a notation included, under subsection 91(2) of the old Act, in such a summons prohibiting the disclosure of information.\n\n(2) The old Act continues to apply in relation to the summons and the notation as if the old Act had not been repealed.\n\n(3) However, if the summons and any notation relates to an existing investigation or existing inquiry to which the new Act applies because of a transition determination, then the following apply:\n\n (a) the summons is taken to have been issued by the National Anti‑Corruption Commissioner under subsection 63(1) of the new Act;\n (b) the notation is taken to be a non‑disclosure notation included in the summons for the purposes of subsection 95(1) of the new Act.\n\n12 Transitional—directions in relation to confidentiality\n\n(1) This item applies if the Integrity Commissioner gave a direction, under subsection 90(1) of the old Act, to a person in relation to the use or disclosure of hearing material before the transition time.\n\n(2) The old Act continues to apply in relation to the direction as if the old Act had not been repealed.\n\n(3) However, if the direction relates to a hearing conducted, or to be conducted, as part of an existing investigation or existing inquiry to which the new Act applies because of a transition determination, the direction is taken to have been given by the National Anti‑Corruption Commissioner under subsection 100(1) of the new Act.\n\n13 Transitional—applications to Court to deal with contempt\n\n(1) This item applies if an application made to the Federal Court or a Supreme Court under section 96B of the old Act had not been dealt with by the Court before the transition time.\n\n(3) Subitem (2) applies whether or not the application relates to an existing investigation or existing inquiry to which a transition determination applies.\n\n14 Transitional—directions to detain in relation to contempt\n\n (a) a direction was given under subsection 96D(1) of the old Act to detain a person in relation to a hearing of an application under subsection 96B(1) of that Act; and\n (b) the hearing had not occurred before the transition time.\n\n(2) The old Act continues to apply in relation to the direction as if the old Act had not been repealed.\n\n(3) Subitem (2) applies whether or not the direction relates to an existing investigation or existing inquiry to which a transition determination applies.\n\n15 Transitional—applications for order to deliver travel documents\n\n(1) This item applies if an application for an order to deliver travel documents made by the Integrity Commissioner under section 97 of the old Act had not been considered by a Judge before the transition time.\n\n(3) Subitem (2) applies whether or not the application relates to an existing investigation or existing inquiry to which a transition determination applies.\n\n16 Transitional—orders regarding delivery of travel documents\n\n (a) a day specified in an order to appear before the Federal Court made under subsection 98(1) of the old Act occurs after the transition time; or\n (b) the period specified in an order to deliver travel documents made under subsection 98(4) of the old Act, or the period specified in any extension to that period made under subsection 98(5) of that Act, ends after the transition time.\n\n(2) The old Act continues to apply in relation to the order as if the old Act had not been repealed.\n\n(3) Subitem (2) applies whether or not the order relates to an existing investigation or existing inquiry to which a transition determination applies.\n\n17 Transitional—applications for revocation of order to deliver travel documents\n\n(1) This item applies if an application for a revocation of an order made under subsection 98(6) of the old Act had not been considered by the Federal Court before the transition time.\n\n(3) Subitem (2) applies whether or not the application relates to an existing investigation or existing inquiry to which a transition determination applies.\n\n18 Transitional—applications for arrest warrants\n\n(1) This item applies if an application for an arrest warrant made by an authorised officer under section 99 of the old Act had not been considered by a Judge before the transition time.\n\n(3) Subitem (2) applies whether or not the application relates to an existing investigation or existing inquiry to which a transition determination applies.\n\n19 Transitional—warrants not executed\n\n(1) This item applies if, before the transition time:\n\n (a) an arrest warrant issued under section 100 of the old Act had not been executed; or\n (b) a search warrant issued under section 109 of the old Act had not expired and had not been fully executed.\n\n(2) The old Act continues to apply in relation to the warrant as if the old Act had not been repealed.\n\n(3) Subitem (2) applies whether or not the warrant relates to an existing investigation or existing inquiry to which a transition determination applies.\n\n","sortOrder":230},{"sectionNumber":"Part 5","sectionType":"part","heading":"Requirements or permissions etc. under other Acts","content":"Part 5—Requirements or permissions etc. under other Acts\n\n20 Transitional—notices under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006\n\n (a) before the transition time, a notice was given under section 49 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 by:\n (i) the Integrity Commissioner; or\n (ii) an investigating officer who was an Australian Commission for Law Enforcement Integrity officer; and\n (b) the period specified in the notice for compliance with the notice ends after the transition time.\n\n(2) The notice has effect, after the transition time, as if it had been given by the National Anti‑Corruption Commissioner.\n\n","sortOrder":231},{"sectionNumber":"21","sectionType":"section","heading":"Transitional—controlled operation authorities under the Crimes Act 1914","content":"21 Transitional—controlled operation authorities under the Crimes Act 1914\n\n(1) This item applies if an authority to conduct a controlled operation granted under section 15GI of the Crimes Act 1914 by an authorising officer who was an ACLEI authorising officer was in effect immediately before the transition time.\n\n(2) The authority has effect, after the transition time, as if it had been granted by a NACC authorising officer in relation to a corruption investigation.\n\n(3) To avoid doubt, a reference in this item to an authority to conduct a controlled operation includes a reference to an authority to conduct a controlled operation as varied under Part IAB of the Crimes Act 1914 before the transition time.\n\n","sortOrder":232},{"sectionNumber":"22","sectionType":"section","heading":"Transitional—integrity testing operation authorities under the Crimes Act 1914","content":"22 Transitional—integrity testing operation authorities under the Crimes Act 1914\n\n(1) This item applies if an authority to conduct an integrity testing operation granted by one of the following under section 15JG of the Crimes Act 1914 was in effect immediately before the transition time:\n\n (b) an Assistant Integrity Commissioner;\n (c) an SES employee in the Australian Commission for Law Enforcement Integrity.\n\n(2) The authority has effect, after the transition time, as if it had been granted by the National Anti‑Corruption Commissioner in relation to a corruption investigation.\n\n(3) To avoid doubt, a reference in this item to an authority to conduct an integrity testing operation includes a reference to an authority to conduct an integrity testing operation as varied under section 15JK of the Crimes Act 1914 before the transition time.\n\n","sortOrder":233},{"sectionNumber":"23","sectionType":"section","heading":"Transitional—assumed identity authorities under the Crimes Act 1914","content":"23 Transitional—assumed identity authorities under the Crimes Act 1914\n\n(1) This item applies if an authority to acquire or use an assumed identity granted by the Integrity Commissioner under section 15KB of the Crimes Act 1914 was in force immediately before the transition time.\n\n(2) The authority has effect, after the transition time, as if it had been granted by the National Anti‑Corruption Commissioner.\n\n(3) To avoid doubt, a reference in this item to an authority to acquire or use an assumed identity includes a reference to an authority to acquire or use an assumed identity as varied under section 15KE of the Crimes Act 1914 before the transition time.\n\n24 Transitional—witness identity protection certificates under the Crimes Act 1914\n\n(1) This item applies if a witness identity protection certificate given by the Integrity Commissioner under section 15ME of the Crimes Act 1914 was in effect immediately before the transition time.\n\n(2) The certificate has effect, after the transition time, as if it had been given by the National Anti‑Corruption Commissioner.\n\n25 Transitional—requests for information from cash dealers under the Financial Transaction Reports Act 1988\n\n(1) This item applies if a request given to a cash dealer by one of the following under subsection 16(4) of the Financial Transaction Reports Act 1988 had not been complied with before the transition time:\n\n (b) an investigating officer who was a staff member of ACLEI.\n\n(2) The request has effect, after the transition time, as if it had been given by the National Anti‑Corruption Commissioner.\n\n26 Transitional—freezing and production orders under the Proceeds of Crime Act 2002\n\n(1) This item applies if one of the following orders, issued by a magistrate on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI, was in effect immediately before the transition time:\n\n (a) a freezing order issued under subsection 15B(1) of the Proceeds of Crime Act 2002;\n (b) a production order issued under subsection 202(1) of that Act.\n\n(2) The order has effect, after the transition time, as if it had been issued by the magistrate on application by an authorised officer who is a staff member of the NACC.\n\n(3) To avoid doubt, a reference in this item to a freezing order includes a reference to a freezing order as extended under section 15P of the Proceeds of Crime Act 2002, or as varied under section 15Q of that Act, before the transition time.\n\n","sortOrder":234},{"sectionNumber":"27","sectionType":"section","heading":"Transitional—notices to financial institutions under the Proceeds of Crime Act 2002","content":"27 Transitional—notices to financial institutions under the Proceeds of Crime Act 2002\n\n(1) This item applies if a day specified in a notice given by the Integrity Commissioner under subsection 213(1) of the Proceeds of Crime Act 2002 for compliance with the notice occurs after the transition time.\n\n(2) The notice has effect, after the transition time, as if it had been given by the National Anti‑Corruption Commissioner.\n\n","sortOrder":235},{"sectionNumber":"28","sectionType":"section","heading":"Transitional—monitoring orders under the Proceeds of Crime Act 2002","content":"28 Transitional—monitoring orders under the Proceeds of Crime Act 2002\n\n (a) the period during which transactions must have occurred specified in a monitoring order made by a judge of a court of a State or Territory under subsection 219(1) of the Proceeds of Crime Act 2002 had not ended before the transition time; and\n (b) the order was made on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI.\n\n(2) The order has effect, after the transition time, as if it had been made on application by an authorised officer who is a staff member of the NACC.\n\n","sortOrder":236},{"sectionNumber":"29","sectionType":"section","heading":"Transitional—search warrants under the Proceeds of Crime Act 2002","content":"29 Transitional—search warrants under the Proceeds of Crime Act 2002\n\n (a) a search warrant issued by a magistrate under section 225 of the Proceeds of Crime Act 2002 had not expired and had not been fully executed before the transition time; and\n (b) the warrant had been issued on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI.\n\n(2) The warrant has effect, after the transition time, as if it had been issued by the magistrate on application by an authorised officer who is a staff member of the NACC.\n\n30 Transitional—surveillance device, retrieval and computer access warrants under the Surveillance Devices Act 2004\n\n(1) This item applies if one of the following warrants issued by an eligible Judge or a nominated AAT member on application by a law enforcement officer of the Australian Commission for Law Enforcement Integrity was in force immediately before the transition time:\n\n (a) a surveillance device warrant issued under subsection 16(1) of the Surveillance Devices Act 2004 (including such a warrant as extended or varied under section 19 of that Act);\n (b) a retrieval warrant issued under subsection 24(1) of that Act;\n (c) a computer access warrant issued under subsection 27C(1) of that Act (including such a warrant as extended or varied under section 27F of that Act).\n\n(2) The warrant has effect, after the transition time, as if it had been issued on application by a law enforcement officer who is a staff member of the NACC.\n\n31 Transitional—emergency and tracking device authorisations under the Surveillance Devices Act 2004\n\n(1) This item applies if one of the following authorisations given by an appropriate authorising officer of the Australian Commission for Law Enforcement Integrity was in force immediately before the transition time:\n\n (a) an emergency authorisation given under Part 3 of the Surveillance Devices Act 2004;\n (b) a tracking device authorisation given under section 39 of that Act.\n\n(2) The authorisation has effect, after the transition time, as if it had been given by an appropriate authorising officer of the National Anti‑Corruption Commission.\n\n32 Transitional—warrants under the Telecommunications (Interception and Access) Act 1979\n\n(1) This item applies if one of the following warrants issued to the Australian Commission for Law Enforcement Integrity was in force immediately before the transition time:\n\n (a) an interception warrant issued under section 46, 46A or 48 of the Telecommunications (Interception and Access) Act 1979;\n (b) a stored communications warrant issued under section 116 of that Act;\n (c) a journalist information warrant issued under section 180T of that Act.\n\n(2) The warrant has effect, after the transition time, as if it had been issued to the National Anti‑Corruption Commission.\n\n33 Transitional—preservation notices under the Telecommunications (Interception and Access) Act 1979\n\n(1) This item applies if a preservation notice issued by the Australian Commission for Law Enforcement Integrity under the Telecommunications (Interception and Access) Act 1979 was in force immediately before the transition time.\n\n(2) The notice has effect, after the transition time, as if it had been issued by the National Anti‑Corruption Commission.\n\n34 Transitional—telecommunications data authorisations under the Telecommunications (Interception and Access) Act 1979\n\n(1) This item applies if a telecommunication data authorisation made by an authorising officer of the Australian Commission for Law Enforcement Integrity under section 178, 179, or 180 of the Telecommunications (Interception and Access) Act 1979 was in force immediately before the transition time.\n\n(2) The authorisation has effect, after the transition time, as if it had been made by an authorising officer of the National Anti‑Corruption Commission.\n\n35 Transitional—international production orders under the Telecommunications (Interception and Access) Act 1979\n\n(1) This item applies if an international production order issued on application by the Australian Commissioner for Law Enforcement Integrity under Schedule 1 of the Telecommunications (Interception and Access) Act 1979:\n\n (a) was in force immediately before the transition time; or\n (b) had not been given to the prescribed communications provider to whom the order was directed before the transition time.\n\n(2) The order has effect, after the transition time, as if it had been issued on application by the National Anti‑Corruption Commissioner.\n\n","sortOrder":237},{"sectionNumber":"Part 6","sectionType":"part","heading":"ACLEI corruption issues","content":"Part 6—ACLEI corruption issues\n\n36 Transitional—investigations into ACLEI corruption issues\n\n(1) This item applies if, immediately before the transition time, any of the following investigations had been commenced but not yet completed:\n\n (a) an investigation of an ACLEI corruption issue by the Integrity Commissioner under Division 3 of Part 12 of the old Act;\n (b) a special investigation of an ACLEI corruption issue by a special investigator under Division 4 of Part 12 of the old Act.\n\n(2) The National Anti‑Corruption Commissioner may continue to conduct the investigation as if the old Act had not been repealed.\n\n(3) The special investigator may continue to conduct the special investigation as if the old Act had not been repealed.\n\n(4) However, the Inspector may, by notice in writing (the NACC corruption issue transition notice), determine that the new Act applies to the investigation or special investigation if the Inspector considers that:\n\n (a) it is more appropriate to deal with the investigation or special investigation under the new Act; and\n (b) the investigation or special investigation could involve corrupt conduct that is serious or systemic.\n\n(5) If the Inspector issues the NACC corruption issue transition notice:\n\n (a) the investigation or special investigation is taken to be a NACC corruption investigation under the new Act; and\n (b) the Inspector must continue the conduct of the investigation or special investigation under Division 3 of Part 10 of the new Act.\n\n(6) The Inspector must, as soon as reasonably practicable, give a copy of the NACC corruption issue transition notice to:\n\n (a) the National Anti‑Corruption Commissioner; and\n (b) the special investigator.\n\n(7) The new Act applies to the investigation from the later of the following times:\n\n (a) the time the NACC corruption issue transition notice is given to the National‑Anti‑Corruption Commissioner;\n (b) the time specified in the notice.\n\n(8) A NACC corruption issue transition notice is not a legislative instrument.\n\n","sortOrder":238},{"sectionNumber":"Part 7","sectionType":"part","heading":"Information disclosure—prevention on public interest grounds","content":"Part 7—Information disclosure—prevention on public interest grounds\n\n37 Transitional—Attorney‑General’s certificates about release of information\n\n (a) the Attorney‑General certified, under subsection 149(1) of the old Act, that disclosure of information or the contents of a document would be contrary to the public interest; and\n (b) the certificate had not been revoked before the transition time.\n\n(2) The old Act continues to apply in relation to the information or contents as if the old Act had not been repealed.\n\n(3) However, if the information or contents relate to an existing investigation or existing inquiry to which the new Act applies because of a transition determination, the information or contents are taken to be section 235 certified information under the new Act.\n\n","sortOrder":239},{"sectionNumber":"Part 8","sectionType":"part","heading":"Reporting","content":"Part 8—Reporting\n\n38 Transitional—reports on corruption investigations\n\n(1) This item applies if, before the transition time, the Integrity Commissioner:\n\n (a) completed an investigation of a corruption issue that related to a law enforcement agency; but\n (b) had not yet prepared a report on the investigation under subsection 54(1) of the old Act.\n\n(2) The National Anti‑Corruption Commissioner must prepare the report as if the old Act had not been repealed.\n\n39 Transitional—reports on public inquiries\n\n(1) This item applies if, before the transition time, the Integrity Commissioner:\n\n (a) completed a public inquiry; but\n (b) had not yet prepared a report on the inquiry under subsection 73(1) of the old Act.\n\n(2) The National Anti‑Corruption Commissioner must prepare the report as if the old Act had not been repealed.\n\n40 Transitional—annual reports for financial year ended before transition time\n\n (a) the transition time occurs after the end of a financial year; and\n (b) the annual report referred to in section 201 of the old Act had not been prepared for the financial year before the transition time.\n\n(2) The National Anti‑Corruption Commissioner must, as soon as reasonably practicable, prepare the annual report in accordance with the old Act as if the old Act had not been repealed.\n\n(3) The Parliamentary Joint Committee on the National Anti‑Corruption Commission may:\n\n (a) examine the report; and\n (b) report to the Parliament on any matter appearing in, or arising out of, the report.\n\n","sortOrder":240},{"sectionNumber":"41","sectionType":"section","heading":"Transitional—annual reports for financial year in which transition time occurs","content":"41 Transitional—annual reports for financial year in which transition time occurs\n\n(1) This item applies:\n\n (a) if the transition time occurs during a financial year; and\n (b) in relation to the matters that would have been covered by the annual report referred to in section 201 of the old Act for the part of the financial year before the transition time if the old Act had not been repealed.\n\n(2) The first annual report prepared by the National Anti‑Corruption Commissioner under section 271 of the new Act must cover those matters.\n\n","sortOrder":241},{"sectionNumber":"42","sectionType":"section","heading":"Transitional—special reports not completed","content":"42 Transitional—special reports not completed\n\n(1) This item applies if, before the transition time, the Integrity Commissioner had started preparing a special report under section 204 of the old Act, but had not completed the report.\n\n(2) The National Anti‑Corruption Commissioner may complete the report in accordance with the old Act as if the old Act had not been repealed.\n\n(3) If the National Anti‑Corruption Commissioner completes the report, the Parliamentary Joint Committee on the National Anti‑Corruption Commission may:\n\n (a) examine the report; and\n (b) report to the Parliament on any matter appearing in, or arising out of, the report.\n\n","sortOrder":242},{"sectionNumber":"43","sectionType":"section","heading":"Transitional—special reports not tabled","content":"43 Transitional—special reports not tabled\n\n(1) This item applies if, before the transition time, the Integrity Commissioner had given the Minister a special report under section 204 of the old Act, but the Minister had not laid the report before each House of the Parliament.\n\n(2) The old Act continues to apply, in relation to the report as if the old Act had not been repealed.\n\n","sortOrder":243},{"sectionNumber":"Part 9","sectionType":"part","heading":"Staffing","content":"Part 9—Staffing\n\n44 Transitional—current ACLEI staff\n\n(1) This item applies to a person who, immediately before the transition time, was engaged as a staff member of ACLEI under section 197 of the old Act.\n\n(2) The person is taken, after the transition time, to be engaged as a member of the staff of the NACC under subsection 262(1) of the new Act on the same terms and conditions.\n\n(3) The repeal of the old Act does not affect the continuity of employment of the person.\n\n45 Transitional—consultants to ACLEI\n\n(1) This item applies to a person who, immediately before the transition time, was engaged as a consultant to ACLEI under section 198 of the old Act.\n\n(2) The person is taken, after the transition time, to be engaged as a consultant to the NACC under section 263 of the new Act on the same terms and conditions.\n\n46 Transitional—secondees to ACLEI\n\n(1) This item applies to a person whose services were, immediately before the transition time, made available to the Integrity Commissioner under section 199 of the old Act.\n\n(2) The person is taken, after the transition time, to be a person whose services are made available to the NACC under section 264 of the new Act on the same terms and conditions.\n\n47 Transitional—counsel assisting Integrity Commissioner\n\n(1) This item applies to a person who, immediately before the transition time, was appointed as counsel assisting the Integrity Commissioner under section 200 of the old Act.\n\n(2) The person is taken, after the transition time, to be appointed as counsel assisting the National Anti‑Corruption Commissioner under section 265 of the new Act on the same terms and conditions.\n\n48 Transitional—authorised officers of ACLEI\n\n(1) This item applies to a person for whom an authorisation was in effect under section 140 of the old Act immediately before the transition time.\n\n(2) The person is taken, after the transition time, to be a person appointed as an authorised officer under section 267 of the new Act.\n\n(3) An identity card issued to the person under section 141 of the old Act is taken, after the transition time, to be an identity card issued to the person under section 268 of the new Act.\n\n","sortOrder":244},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous transitional provisions","content":"Part 10—Miscellaneous transitional provisions\n\n49 Transitional—pending proceedings\n\n(1) This item applies to any proceedings:\n\n (a) that were pending in any court or tribunal immediately before the transition time; and\n (b) to which the Integrity Commissioner was a party.\n\n(2) The National Anti‑Corruption Commissioner is, after the transition time, substituted for the Integrity Commissioner as a party to the proceedings.\n\n50 Transitional—judicial review\n\n(1) This item applies if, immediately before the transition time, a person was entitled to make an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under the old Act.\n\n(2) Despite the repeal of the old Act, the person may, after the transition time and subject to the Administrative Decisions (Judicial Review) Act 1977, apply for an order of review in respect of that matter.\n\n51 Transitional—transfer of records\n\n(1) This item applies to any records or documents that were in the possession of the following immediately before the transition time:\n\n (b) an Assistant Integrity Commissioner;\n (c) the Australian Commission for Law Enforcement Integrity.\n\n(2) The records and documents are to be transferred to the National Anti‑Corruption Commissioner after the transition time.\n\n52 Transitional—confidential information provided under old Act\n\n(1) This item applies to any confidential information provided to the following, under the old Act, before the transition time:\n\n (b) a staff member of the ACLEI;\n (c) if the information was provided to a special investigator for the purposes of Division 4 of Part 12 of the old Act—the special investigator.\n\n(2) The information is taken, immediately after the transition time, to have been provided to the National Anti‑Corruption Commissioner under the new Act.\n\n53 Transitional—references to the Integrity Commissioner etc. in instruments\n\n(1) This item applies to an instrument if:\n\n (a) the instrument was in force immediately before the transition time; and\n (b) the instrument contains a reference to:\n (i) the Integrity Commissioner; or\n (ii) an Assistant Integrity Commissioner; or\n (iii) the Australian Commission for Law Enforcement Integrity.\n\n(2) The instrument has effect, after the transition time, as if:\n\n (a) a reference in the instrument to the Integrity Commissioner were a reference to the National Anti‑Corruption Commissioner; and\n (b) a reference in the instrument to an Assistant Integrity Commissioner were a reference to a National Anti‑Corruption Deputy Commissioner; and\n (c) a reference in the instrument to the Australian Commission for Law Enforcement Integrity were a reference to the National Anti‑Corruption Commission.\n\n(3) The rules may provide that subitem (2) does not apply in relation to a specified instrument.\n\n(4) This item does not prevent the instrument from being amended or repealed after the transition time.\n\n","sortOrder":245},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional application of certain provisions in new Act","content":"Part 11—Transitional application of certain provisions in new Act\n\n54 Application—protection for journalists’ informants\n\nSection 31 of the new Act applies in relation to information given by an informant whether the information is given before, on or after the commencement of that section.\n\n55 Application—mandatory referrals\n\n(1) This item applies if, in the 28 day period beginning on the day the transition time occurs:\n\n (a) a person becomes aware of a corruption issue; and\n (b) the person would, but for this item, be required to refer the corruption issue to the National Anti‑Corruption Commissioner or the IGIS under Division 2 of Part 5 of the new Act.\n\n(2) The person is not required to refer the corruption issue to the National Anti‑Corruption Commissioner or the IGIS (as the case may be) until as soon as is reasonably practicable after the end of the period.\n\n56 Application—appointment of first CEO\n\nSubsection 254(2) of the new Act does not apply in relation to the first appointment made under subsection 254(1) of the new Act.\n\n> Note: The effect of this item is that the National Anti‑Corruption Commissioner is not required to approve the appointment of the first CEO.\n\n","sortOrder":246},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional rules","content":"Part 12—Transitional rules\n\n57 Transitional rules\n\n(1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n (a) the amendments or repeals made by this Act; or\n (b) the enactment of the new Act.\n\n(3) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund;\n (e) directly amend the text of this Act or the new Act.\n\n(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).","sortOrder":247}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The core purpose — transitioning from ACLEI to the NACC and updating cross-references — remained consistent. However, the Act goes beyond simple housekeeping by introducing substantively new requirements, most notably mandating that NACC surveillance and interception warrant applications be made to Federal or Family Court judges (superior Court Judges) rather than AAT members, which represents a new judicial oversight requirement not present in the original ACLEI regime. The telecommunications provisions also expanded to formally recognise multiple State and Territory anti-corruption bodies (e.g. IBAC Victoria, CCC Queensland, ICAC NSW) as interception agencies, which goes beyond mere transitional housekeeping."},"complexity_factors":["Amends over 30 separate Acts simultaneously, requiring cross-referencing across multiple legislative frameworks","Complex staged commencement provisions with conditional triggers tied to another Act's sections","Detailed transitional regime requiring parallel operation of both old and new legal frameworks during changeover period","Introduces new constitutional/institutional safeguards (superior court judge requirements for NACC warrants) embedded within definitional amendments rather than standalone provisions","Interplay between Commonwealth and State/Territory anti-corruption bodies in telecommunications provisions adds federal complexity","Multiple categories of transitional instruments (transition determinations, NACC corruption issue transition notices) with different legal effects","Schedule structure divides amendments across Parts with different commencement dates, making it difficult to determine what applies when","Requires simultaneous understanding of the repealed LEIC Act and the new NACC Act to interpret transitional provisions","Consequential amendments span highly technical regulatory areas (telecommunications interception, tax secrecy, surveillance devices, proceeds of crime)"],"plain_english_summary":"This short, technical Act migrates functions, staff, records and ongoing matters from the old Australian Commission for Law Enforcement Integrity (ACLEI) to the new National Anti‑Corruption Commission (NACC), and updates 30+ federal laws so references, powers and information‑sharing flow to the NACC. It also sets transition rules to preserve protections (eg, whistleblowers) and preserves existing warrants, while imposing higher judicial approval for NACC surveillance warrants. Affects public servants, agencies, telcos and those under investigation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Schedule 2, Item 1(4)(d)","severity":"medium","reasoning":"The consequential amendments in Part 2 of Schedule 1 are part of the same enacted statute. Deeming them 'not to have been made' for transitional purposes while they simultaneously operate for all other purposes creates an inherent contradiction that is technically workable but logically incoherent. Practitioners must apply the pre-amendment versions of multiple Acts for old Act matters and the amended versions for new Act matters simultaneously.","confidence":0.72,"description":"The transitional provision states that for the operation of the old Act after transition time, 'the amendments made by Part 2 of Schedule 1 are taken not to have been made.' This creates a legal fiction where Part 2 amendments simultaneously exist (having been enacted) and do not exist (for transitional purposes), requiring practitioners to maintain two parallel legal realities simultaneously."},{"type":"self_contradicting","section":"Schedule 1, Item 64 (s.15JA of Crimes Act 1914)","severity":"medium","reasoning":"Item 63 broadens the introductory paragraph to reference 'target agencies' (which per item 75 now includes any Commonwealth agency within the meaning of the NACC Act), but item 64 re-narrows the operative paragraph to the original three named agencies plus the NACC. The section therefore states a broad principle in one paragraph and contradicts it in the next.","confidence":0.78,"description":"Item 63 replaces 'the Australian Crime Commission, the Australian Federal Police and the Immigration and Border Protection Department' with 'target agencies' in one paragraph of s.15JA, while Item 64 simultaneously substitutes a new paragraph that explicitly lists 'the ACC, the Australian Federal Police and the Immigration and Border Protection Department' rather than using the broader 'target agencies' term. This creates an internal inconsistency within the same section where consecutive paragraphs use different scoping approaches."},{"type":"impossible_compliance","section":"Schedule 1, Item 79 (s.15JE(2) of Crimes Act 1914)","severity":"high","reasoning":"The Australian Federal Policy does not exist as a legal entity. The provision as enacted references a body that has no legal existence, creating uncertainty about whether s.15JE(2) applies to the Australian Federal Police at all. This is a drafting error that on its face produces an absurd result.","confidence":0.88,"description":"Item 79 amends s.15JE(2) to refer to 'the ACC, the Australian Federal Policy [sic] or the Immigration and Border Protection Department' — the word 'Policy' is used instead of 'Police'. While likely a typographical error, as enacted this creates a reference to a non-existent body ('the Australian Federal Policy'), potentially rendering the provision legally inoperative for its intended subject."},{"type":"other","section":"Schedule 1, Item 66 (s.15JC of Crimes Act 1914) — missing opening quotation mark","severity":"low","reasoning":"A missing opening quotation mark in a substitution item creates technical ambiguity about what text is being substituted, though context makes the intent clear. The risk of practical confusion is low but the drafting error is real.","confidence":0.65,"description":"Item 66 omits the opening quotation mark in the substituted text: 'substitute National Anti‑Corruption Commission Act 2022\"'. The closing quotation mark is present but the opening one is absent. While typographical, as a formal matter the substitution text is ambiguous as to its precise extent."},{"type":"impossible_compliance","section":"Schedule 2, Item 3(3)(a)","severity":"medium","reasoning":"The commencement trigger is plural — 'given to the head of each government agency' — but the transition is expressed as a single point in time. If service on different agency heads occurs at different times (which is practically possible and likely for multi-agency investigations), the provision does not specify which time controls or how the investigation operates in the interim period between first and last service.","confidence":0.7,"description":"The transition determination takes effect from 'the time the transition determination is given to the head of each government agency to which the existing investigation or existing inquiry relates.' However, if an investigation relates to multiple agencies, the determination could take effect at different times for different agencies depending on when service is effected on each agency head. This means the new Act could apply to the investigation with respect to one agency but not another simultaneously."},{"type":"self_contradicting","section":"Schedule 2, Items 13, 14, 15, 16, 17, 18, 19","severity":"medium","reasoning":"The transition determination mechanism is designed to move an investigation wholesale to the new Act. However, the carve-outs for court applications and warrants mean a transitioned investigation retains old Act procedures for coercive enforcement. This creates a hybrid legal regime that may produce conflicts — for example, where the old Act's contempt regime applies to a hearing that is itself governed by the new Act.","confidence":0.75,"description":"Multiple transitional provisions continue the old Act 'whether or not the [matter] relates to an existing investigation or existing inquiry to which a transition determination applies.' This creates a situation where even after a transition determination has been made (switching the investigation to the new Act), certain procedural matters — court applications, arrest warrants, search warrants — continue to be governed by the old Act regardless. A single investigation could therefore simultaneously be governed by the new Act for substantive purposes and the old Act for procedural enforcement purposes."},{"type":"other","section":"Schedule 1, Part 3, Item 163 (missing item number)","severity":"medium","reasoning":"The absence of item 163 is either a drafting error (an item was inadvertently omitted) or an intentional deletion that should have been renumbered. Either way, the gap creates uncertainty about whether an intended amendment was made and may cause confusion in cross-references to item numbers.","confidence":0.82,"description":"The Schedule jumps from item 162 (Proceeds of Crime Act 2002) directly to item 164 (Public Interest Disclosure Act 2013). Item 163 is entirely absent from the text. This creates a gap in the numbering sequence with no explanation, suggesting either a drafting omission or an intentional deletion that was not properly documented."}],"contradictions":[{"severity":"medium","section_a":"Schedule 1, Item 63 (s.15JA of Crimes Act 1914 — first paragraph amended to reference 'target agencies')","section_b":"Schedule 1, Item 64 (s.15JA of Crimes Act 1914 — substituted paragraph listing specific agencies)","confidence":0.76,"description":"Item 63 broadens s.15JA to use the general term 'target agencies' (which under items 55 and 75 now includes any Commonwealth agency within the meaning of the NACC Act), while item 64 simultaneously substitutes a paragraph in the same section that limits integrity testing authorisation to the named agencies (ACC, AFP, Immigration and Border Protection Department) plus the NACC. The section therefore declares a broad principle inconsistent with its operative rule."},{"severity":"medium","section_a":"Schedule 2, Item 2(2) (National Anti-Corruption Commissioner may continue investigation under old Act)","section_b":"Schedule 2, Item 1(4)(a) (National Anti-Corruption Commissioner exercises powers and functions of Integrity Commissioner)","confidence":0.68,"description":"Item 2(2) provides that the NACC Commissioner 'may continue to conduct the existing investigation or existing inquiry under the old Act as if the old Act had not been repealed.' Item 1(4)(a) provides that for that purpose 'the National Anti‑Corruption Commissioner may exercise the powers, and perform the functions and duties, of the Integrity Commissioner.' However, the Integrity Commissioner position is being abolished and the Integrity Commissioner's statutory powers under the old Act are defined by reference to the holder of that office. The NACC Commissioner exercising the Integrity Commissioner's powers under an Act deemed not to be repealed, while simultaneously being a different statutory officer under a different Act, creates a legally ambiguous double-identity scenario with no mechanism to resolve conflicts between the two roles."},{"severity":"low","section_a":"Schedule 2, Item 3(1) (transition determination requires corruption conduct to be 'serious or systemic')","section_b":"Schedule 2, Item 2(2) (continuation under old Act has no such threshold)","confidence":0.71,"description":"A transition determination switching an existing investigation to the new Act requires the NACC Commissioner to be satisfied the issues 'could involve corrupt conduct that is serious or systemic.' However, if the NACC Commissioner does not make a transition determination, the investigation continues under the old Act with no equivalent threshold requirement. This means the threshold for applying the new Act's more modern framework is higher than the threshold for continuing to use the old (now repealed) Act's framework — incentivising non-transition of investigations that might benefit from the new Act's protections."},{"severity":"low","section_a":"Schedule 1, Item 197A (s.11 Surveillance Devices Act 2004 — warrants to NACC officers require eligible Judge only)","section_b":"Schedule 1, Item 197B (definition of eligible Judge — NACC-related warrants require superior Court Judge)","confidence":0.66,"description":"Section 11 as substituted provides that applications by NACC law enforcement officers must be made to 'an eligible Judge.' The definition of eligible Judge in s.12(1) as substituted provides that for NACC-related warrants, the eligible Judge must be a 'superior Court Judge.' This means in practice the category 'eligible Judge' for NACC applications collapses into the narrower category 'superior Court Judge.' The two-tier definition is internally redundant and creates potential confusion: a person may satisfy the general eligible Judge criteria but not be available to issue NACC warrants, making the general eligible Judge definition misleading as applied to NACC matters."},{"severity":"medium","section_a":"Schedule 1, Item 213A (definition of 'issuing authority' in TIA Act — NACC warrants require superior Court Judge)","section_b":"Schedule 1, Item 228A (definition of 'eligible Judge' in TIA Act — NACC warrants require superior Court Judge)","confidence":0.67,"description":"Both the 'issuing authority' and 'eligible Judge' definitions in the TIA Act are amended to require a superior Court Judge for NACC-related warrants. However, subsection 6DA(1) as amended by item 228B only excludes nominated AAT members from issuing warrants to the NACC — it does not exclude non-superior Court eligible Judges. This creates an internal inconsistency: the definition of eligible Judge requires a superior Court Judge for NACC warrants, but the provision governing who can issue warrants (6DA) does not expressly enforce this requirement, potentially allowing a non-superior Court eligible Judge to issue a NACC warrant in contravention of the definitional requirement."}]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2891},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its stated purpose: providing consequential amendments to other legislation and transitional arrangements for the shift from ACLEI to the NACC. While it extensively amends cross-cutting statutes (from tax secrecy to witness protection), this breadth is necessary and expected for 'machinery' legislation establishing a new integrity body. The inclusion of state/territory anti-corruption agencies in telecommunications access regimes (Part 3 of Schedule 1) is an integral part of creating a functional national anti-corruption framework, not an expansion beyond the Act's original intent."},"complexity_factors":["Over 200 individual amendment items spread across more than 20 separate Commonwealth Acts","Complex transitional machinery in Schedule 2 with multiple conditional triggers (e.g., 'transition time', 'transition determinations', 'NACC corruption issue transition notices')","Dual operation of old and new legal regimes — the Act preserves the old *Law Enforcement Integrity Commissioner Act 2006* for ongoing investigations while applying the new *National Anti-Corruption Commission Act 2022* to new matters","Staged commencement tied to external events (specifically, commencement of section 40 of the NACC Act) rather than simple calendar dates","Extensive cross-referencing and imported definitions — terms like 'corruption investigation', 'staff member of the NACC', and 'NACC disclosure' are defined by reference to the primary NACC Act","Nested conditional logic in transitional provisions (e.g., 'if commenced but not completed at transition time, unless a determination is made that the new Act applies')","Interaction with multiple jurisdictional layers, adding state and territory anti-corruption bodies to federal telecommunications and surveillance frameworks"],"plain_english_summary":"This Act is the ‘clean-up crew’ for establishing Australia’s new federal anti-corruption watchdog, the **National Anti-Corruption Commission (NACC)**. It sweeps away the old system and updates the statute books so the new body can actually function.\n\n**What it does in plain English:**\n\n* **Abolishes the old watchdog:** It repeals the *Law Enforcement Integrity Commissioner Act 2006*, shutting down the Australian Commission for Law Enforcement Integrity (ACLEI) — which only covered police and border force — and transfers all its staff, records, and ongoing investigations to the new NACC.\n\n* **Updates dozens of other laws:** It amends more than 20 other Acts (including the *Crimes Act*, *Telecommunications Act*, *Privacy Act*, and *Witness Protection Act*) to replace every mention of the old “Integrity Commissioner” or “ACLEI” with the new “National Anti‑Corruption Commissioner” or “NACC”. This ensures the new body inherits the same powers (like issuing warrants, accessing phone records, and running controlled operations) that the old one had.\n\n* **Handles ‘live’ investigations:** It creates detailed rules for what happens to corruption investigations that were already running when the switch happened. The NACC can either finish these old cases under the old rules, or transfer them to the new system if they involve serious or systemic corruption.\n\n* **Expands surveillance powers:** It adds the NACC (and state anti-corruption bodies like ICAC and IBAC) to the list of agencies that can access telecommunications data and use surveillance devices under warrant.\n\n* **Protects whistleblowers:** It ensures that people who reported corruption to the old body are still protected under the new laws, and updates the public interest disclosure (whistleblower) scheme to cover the NACC.\n\n**Who it affects:**\n\n* Commonwealth public servants, politicians, and contractors (now subject to NACC scrutiny)\n* Former ACLEI staff (automatically transferred to the NACC)\n* State and territory anti-corruption agencies (who gain new federal information-sharing powers)\n* Anyone currently under investigation by the old integrity body\n\n**Why it matters:**\nWithout this Act, the NACC would be a building with no power, no staff, and no legal authority to finish investigating corruption cases already in progress. This legislation ensures a seamless handover so that corruption investigations don’t fall through the cracks during the changeover."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act goes beyond simple renaming: it repeals the LEIC Act and transfers its functions, staff, records and legal instruments to the NACC (Schedule 1 Part 1; Schedule 2 items 44–52). It also broadens operational reach by adding the NACC Inspector and NACC staff as named recipients across multiple statutes (e.g. Archives, Privacy, Telecommunications—Schedule 1 items 11, 121, 152; Schedule 1 Part 3 items 263–269 add State anti‑corruption bodies), and alters warrant and authorisation procedures (Surveillance Devices/Telecommunications amendments—items 197A, 228A, 251A). The Act therefore expands and reconnects scope and powers relative to the predecessor regime while preserving continuity of existing matters (see transition determination power—Schedule 2, subitem 3(1), and NACC corruption issue transition notice—subitem 36(4))."},"complexity_factors":["Repeal and wholesale substitution across many statutes (Schedule 1 Part 1 repeal of LEIC Act; numerous consequential amendments throughout Schedule 1 items 2–266).","Extensive transitional regime preserving, converting or transferring existing investigations, inquiries, warrants, orders, records and protections (Schedule 2, items 2–53, 30–36, 48–52).","Executive and administrative discretion created by transition determinations and notices (National Anti‑Corruption Commissioner may make transition determinations—Schedule 2, subitem 3(1); Inspector may issue NACC corruption issue transition notice—subitem 36(4)).","Procedural and judicial changes for warrants and interception: new eligible Judge/issuing authority rules require superior Court Judges for NACC applications and change who may hear or revoke warrants (see Surveillance Devices and Telecommunications Act amendments—items 197A, 197B, 200A, 228A, 251A, 251B).","Staffing, continuity and employment protections transferred with continuity of terms and conditions (Schedule 2, items 44–48).","Information‑sharing and confidentiality adjustments: insertion of NACC Inspector and staff as recipients and protections across Archives, Ombudsman, Privacy, IGIS and other Acts (Schedule 1 items e.g. 11, 121, 130 and Schedule 2 items 52, 121).","Inter‑agency scope expansion: inclusion of State anti‑corruption and crime commissions as interception/interception‑agency counterparts (Schedule 1/Part 3, items 263–269).","New ministerial rule‑making power for transitional matters, limited by express prohibitions (Schedule 2, item 57).","Multiple cross‑references and definitional insertions (e.g. National Anti‑Corruption Commissioner, NACC officer, Inspector) increasing legal interdependence across statutes (see many Schedule 1 items: 8, 35–39, 214, 224).","Preservation of judicial review and pending proceedings with substitution of parties (Schedule 2 items 49–50) which raises procedural coordination demands across courts and tribunals."],"plain_english_summary":"This Act repeals the Law Enforcement Integrity Commissioner Act and substitutes the National Anti‑Corruption Commission (NACC) into dozens of Commonwealth laws. It preserves and converts existing investigations, staff, warrants, authorisations and records to the NACC, and creates transitional rules and notified processes for when and how the NACC or the Inspector take over. It affects federal agencies, people subject to investigations or notices, courts and staff, because it transfers legal powers, protections and compliance obligations from the old integrity body to the NACC."}},"importantCases":[],"_links":{"self":"/api/acts/national-anti-corruption-commission-consequential-and-transitional-provisions-act-2022","history":"/api/acts/national-anti-corruption-commission-consequential-and-transitional-provisions-act-2022/history","analysis":"/api/acts/national-anti-corruption-commission-consequential-and-transitional-provisions-act-2022/analysis","conflicts":"/api/acts/national-anti-corruption-commission-consequential-and-transitional-provisions-act-2022/conflicts","importantCases":"/api/acts/national-anti-corruption-commission-consequential-and-transitional-provisions-act-2022/important-cases","documents":"/api/acts/national-anti-corruption-commission-consequential-and-transitional-provisions-act-2022/documents"}}