QLDIn ForceAct
Crime and Corruption Act 2001
sec.317Powers of the parliamentary commissioner
Start here
Get a plain-English read of sec.317
Turn the raw legal text into a practical explanation grounded in Crime and Corruption Act 2001.
### sec.317 Powers of the parliamentary commissioner
The parliamentary commissioner has power to do all things necessary or convenient for the performance of the parliamentary commissioner’s functions.
For the performance of the parliamentary commissioner’s functions, the parliamentary commissioner may, by giving written notice to the chairperson, require a commission officer to do 1 or more of the following—
produce to the parliamentary commissioner, or allow the parliamentary commissioner access to, all records, files and other documents in the commission’s possession;
give the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing the parliamentary commissioner’s functions.
Also, for the performance of the parliamentary commissioner’s functions, the parliamentary commissioner may, by giving written notice to a public official, require the public official to do 1 or more of the following—
produce to the parliamentary commissioner, or allow the parliamentary commissioner access to, all records, files and other documents in the possession of the unit of public administration in which the public official holds an appointment;
give the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing the parliamentary commissioner’s functions.
If documents are produced to the parliamentary commissioner under this part, the parliamentary commissioner may—
keep the documents for the period the parliamentary commissioner considers necessary for the proper performance of the parliamentary commissioner’s functions; or
make copies or extracts of the documents for use in connection with the parliamentary commissioner’s functions to which the document is relevant.
While the parliamentary commissioner has possession of a document under subsection (4) , the parliamentary commissioner must permit a person who would be entitled to inspect the document if it were in the possession of the commission or unit of public administration to inspect it at all reasonable times.
A person required by a notice under subsection (2) or (3) to do something must comply with the requirement.
Maximum penalty for subsection (6) —85 penalty units or 1 year’s imprisonment.
The parliamentary commissioner may delegate any of the parliamentary commissioner’s powers under the Police Powers and Responsibilities Act 2000 , chapter 11 or 13 as inspection entity under that Act to a legal practitioner engaged by the Speaker under section 315 (2) .
s 317 amd 2002 No. 68 s 283 sch 3 ; 2005 No. 45 s 70 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 21 s 94 (1) sch 1 ; 2016 No. 19 s 45 (1) ; 2024 No. 24 s 57 s ch 1 pt 2
(sec.317-ssec.1) The parliamentary commissioner has power to do all things necessary or convenient for the performance of the parliamentary commissioner’s functions.
(sec.317-ssec.2) For the performance of the parliamentary commissioner’s functions, the parliamentary commissioner may, by giving written notice to the chairperson, require a commission officer to do 1 or more of the following— produce to the parliamentary commissioner, or allow the parliamentary commissioner access to, all records, files and other documents in the commission’s possession; give the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing the parliamentary commissioner’s functions.
(sec.317-ssec.3) Also, for the performance of the parliamentary commissioner’s functions, the parliamentary commissioner may, by giving written notice to a public official, require the public official to do 1 or more of the following— produce to the parliamentary commissioner, or allow the parliamentary commissioner access to, all records, files and other documents in the possession of the unit of public administration in which the public official holds an appointment; give the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing the parliamentary commissioner’s functions.
(sec.317-ssec.4) If documents are produced to the parliamentary commissioner under this part, the parliamentary commissioner may— keep the documents for the period the parliamentary commissioner considers necessary for the proper performance of the parliamentary commissioner’s functions; or make copies or extracts of the documents for use in connection with the parliamentary commissioner’s functions to which the document is relevant.
(sec.317-ssec.5) While the parliamentary commissioner has possession of a document under subsection (4) , the parliamentary commissioner must permit a person who would be entitled to inspect the document if it were in the possession of the commission or unit of public administration to inspect it at all reasonable times.
(sec.317-ssec.6) A person required by a notice under subsection (2) or (3) to do something must comply with the requirement. Maximum penalty for subsection (6) —85 penalty units or 1 year’s imprisonment.
(sec.317-ssec.7) The parliamentary commissioner may delegate any of the parliamentary commissioner’s powers under the Police Powers and Responsibilities Act 2000 , chapter 11 or 13 as inspection entity under that Act to a legal practitioner engaged by the Speaker under section 315 (2) .
- (a) produce to the parliamentary commissioner, or allow the parliamentary commissioner access to, all records, files and other documents in the commission’s possession;
- (b) give the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing the parliamentary commissioner’s functions.
- (a) produce to the parliamentary commissioner, or allow the parliamentary commissioner access to, all records, files and other documents in the possession of the unit of public administration in which the public official holds an appointment;
- (b) give the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing the parliamentary commissioner’s functions.
- (a) keep the documents for the period the parliamentary commissioner considers necessary for the proper performance of the parliamentary commissioner’s functions; or
- (b) make copies or extracts of the documents for use in connection with the parliamentary commissioner’s functions to which the document is relevant.