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Crime and Corruption Act 2001
sec.406Hearing, investigation or operation being conducted by former commissioner
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### sec.406 Hearing, investigation or operation being conducted by former commissioner
This section applies to a commission hearing, commission investigation or specific intelligence operation that, immediately before the commencement day, was being conducted by a former commissioner.
From the start of the commencement day, the commission hearing, commission investigation or specific intelligence operation may be continued and be conducted by the following person (the presiding officer )—
for a commission hearing that is a public hearing—
the chairman; or
if the chairman considers it necessary for the efficient operation of the commission—a sessional commissioner or senior executive officer as decided by the chairman;
for a commission hearing that is a closed hearing, any of the following as decided by the chairman—
the chairman;
a sessional commissioner;
a senior executive officer;
another person qualified for appointment as the chairman;
for a commission investigation or specific intelligence operation—an appropriately qualified commission officer decided by the chairman.
For subsection (2), anything done by the former commissioner in relation to the commission hearing, commission investigation or specific intelligence operation is taken to have been done by the presiding officer.
In this section—
conducted includes undertaken.
former commissioner means a person who was any of the following under this Act as in force before the commencement day—
the acting chairperson;
a part-time commissioner;
an acting part-time commissioner.
s 406 ins 2014 No. 21 s 81
(sec.406-ssec.1) This section applies to a commission hearing, commission investigation or specific intelligence operation that, immediately before the commencement day, was being conducted by a former commissioner.
(sec.406-ssec.2) From the start of the commencement day, the commission hearing, commission investigation or specific intelligence operation may be continued and be conducted by the following person (the presiding officer )— for a commission hearing that is a public hearing— the chairman; or if the chairman considers it necessary for the efficient operation of the commission—a sessional commissioner or senior executive officer as decided by the chairman; for a commission hearing that is a closed hearing, any of the following as decided by the chairman— the chairman; a sessional commissioner; a senior executive officer; another person qualified for appointment as the chairman; for a commission investigation or specific intelligence operation—an appropriately qualified commission officer decided by the chairman.
(sec.406-ssec.3) For subsection (2), anything done by the former commissioner in relation to the commission hearing, commission investigation or specific intelligence operation is taken to have been done by the presiding officer.
(sec.406-ssec.4) In this section— conducted includes undertaken. former commissioner means a person who was any of the following under this Act as in force before the commencement day— the acting chairperson; a part-time commissioner; an acting part-time commissioner.
- (a) for a commission hearing that is a public hearing— (i) the chairman; or (ii) if the chairman considers it necessary for the efficient operation of the commission—a sessional commissioner or senior executive officer as decided by the chairman;
- (i) the chairman; or
- (ii) if the chairman considers it necessary for the efficient operation of the commission—a sessional commissioner or senior executive officer as decided by the chairman;
- (b) for a commission hearing that is a closed hearing, any of the following as decided by the chairman— (i) the chairman; (ii) a sessional commissioner; (iii) a senior executive officer; (iv) another person qualified for appointment as the chairman;
- (i) the chairman;
- (ii) a sessional commissioner;
- (iii) a senior executive officer;
- (iv) another person qualified for appointment as the chairman;
- (c) for a commission investigation or specific intelligence operation—an appropriately qualified commission officer decided by the chairman.
- (i) the chairman; or
- (ii) if the chairman considers it necessary for the efficient operation of the commission—a sessional commissioner or senior executive officer as decided by the chairman;
- (i) the chairman;
- (ii) a sessional commissioner;
- (iii) a senior executive officer;
- (iv) another person qualified for appointment as the chairman;
- (a) the acting chairperson;
- (b) a part-time commissioner;
- (c) an acting part-time commissioner.