QLDIn ForceAct
Crime and Corruption Act 2001
sec.416Existing complaints
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### sec.416 Existing complaints
The commission or a public official must deal with an existing complaint under this Act as in force on the commencement day.
However, section 36(3) does not apply in relation to an existing complaint.
Also, section 216 as in force before the commencement day continues to apply in relation to an existing complaint.
Section 216A does not apply in relation to an existing complaint, even if the person who made the complaint takes further action in relation to the complaint on or after the commencement day.
If an existing complaint relates to conduct that was official misconduct within the meaning of this Act as in force before the commencement day but is not corrupt conduct within the meaning of this Act as in force on the commencement day—
anything done by the commission or public official in relation to the complaint before the commencement day is not invalidated by the amendment of this Act by the amendment Act; but
the commission or public official must take no action or discontinue action under this Act in relation to the complaint.
Subsection (5)(b) does not affect a public official’s functions or powers about dealing with the complaint other than under this Act.
In this section—
existing complaint means either of the following made or referred to the commission, but not finally dealt with, immediately before the commencement day—
a complaint under section 36;
a complaint made to another entity that is under an obligation to refer the complaint to the commission.
s 416 ins 2014 No. 21 s 81
(sec.416-ssec.1) The commission or a public official must deal with an existing complaint under this Act as in force on the commencement day.
(sec.416-ssec.2) However, section 36(3) does not apply in relation to an existing complaint.
(sec.416-ssec.3) Also, section 216 as in force before the commencement day continues to apply in relation to an existing complaint.
(sec.416-ssec.4) Section 216A does not apply in relation to an existing complaint, even if the person who made the complaint takes further action in relation to the complaint on or after the commencement day.
(sec.416-ssec.5) If an existing complaint relates to conduct that was official misconduct within the meaning of this Act as in force before the commencement day but is not corrupt conduct within the meaning of this Act as in force on the commencement day— anything done by the commission or public official in relation to the complaint before the commencement day is not invalidated by the amendment of this Act by the amendment Act; but the commission or public official must take no action or discontinue action under this Act in relation to the complaint.
(sec.416-ssec.6) Subsection (5)(b) does not affect a public official’s functions or powers about dealing with the complaint other than under this Act.
(sec.416-ssec.7) In this section— existing complaint means either of the following made or referred to the commission, but not finally dealt with, immediately before the commencement day— a complaint under section 36; a complaint made to another entity that is under an obligation to refer the complaint to the commission.
- (a) anything done by the commission or public official in relation to the complaint before the commencement day is not invalidated by the amendment of this Act by the amendment Act; but
- (b) the commission or public official must take no action or discontinue action under this Act in relation to the complaint.
- (a) a complaint under section 36;
- (b) a complaint made to another entity that is under an obligation to refer the complaint to the commission.