Crime and Corruption (Restoring Reporting Powers) Amendment Bill 2025
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Page 28 Authorised by the Parliamentary Counsel [s 29] Crime and Corruption (Restoring Reporting Powers) Amendment Bill 2025 Part 2 Amendment of Crime and Corruption Act 2001 341 Changes in commission’s constitution The commission may perform a function, or exercise a power, under this or another Act on the basis of all evidence presented to it, regardless of any change in the constitution of the commission. 29 Amendment of ch 8, hdg (Repeals and transitional, declaratory, and savings provisions) Chapter 8, heading, after ‘declaratory,’— insert— validation 30 Insertion of new ch 8, pt 21 Chapter 8— insert— Part 21 Crime and Corruption (Restoring Reporting Powers) Amendment Act 2025 470 Definitions for part In this part— former, for a provision of this Act, means the provision as in force from time to time before the commencement. new, for a provision of this Act, means the provision as in force from the commencement. 471 Validation of past reports (1) This section applies to a report on a particular complaint about, or information or matter 1 2 3 4 5 Clause 6 7 8 9 10 Clause 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Page 29 Authorised by the Parliamentary Counsel [s 30] Crime and Corruption (Restoring Reporting Powers) Amendment Bill 2025 Part 2 Amendment of Crime and Corruption Act 2001 involving, corruption or a particular corruption investigation that was— (a) before 13 September 2023, purportedly prepared or made under former section 64; and (b) before the introduction day— (i) tabled in the Legislative Assembly; or (ii) purportedly published under former section 69. (2) The report and any accompanying document, and any action taken or decision made by the commission in relation to the report, including publication of the report to another person, is taken to be, and to have always been, as valid and lawful as it would be or would have been if— (a) the report were prepared or made under new section 64A; and (b) the commission had complied with this Act and any other law applying in relation to the preparation and making of the report; and (c) the report were signed by the chairperson under new section 69; and (d) the report and accompanying document were given, and tabled or published, under new section 69. (3) For subsection (2)(a), new section 64A(2) is taken not to have applied to the report or the commission’s decisions in relation to the report. (4) In this section— action includes a failure to take action. decision includes a failure to make a decision. introduction day means the day the Bill for the Crime and Corruption (Restoring Reporting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
Page 30 Authorised by the Parliamentary Counsel [s 30] Crime and Corruption (Restoring Reporting Powers) Amendment Bill 2025 Part 2 Amendment of Crime and Corruption Act 2001 Powers) Amendment Act 2025 was introduced into the Legislative Assembly. report includes a copy of a report and a report in draft form. 472 Validation of past public statements (1) This section applies to a statement prepared and made to the public, before 13 September 2023, by the commission about— (a) a particular complaint about, or information or matter involving, corruption; or (b) a particular corruption investigation. (2) The statement, and any action taken by the commission in relation to the statement, is taken to be, and to have always been, as valid and lawful as it would be or would have been if the statement were prepared and made under new section 65A. (3) For subsection (2), new section 65A(3) and (4) is taken not to have applied to the statement or the commission’s decisions in relation to the statement. 473 Application of new provisions in relation to complaints and investigations Subject to sections 471 and 472, the new provisions of this Act apply to a complaint about, or information or matter (also a complaint) involving, corruption or a corruption investigation— (a) whether the complaint was made or notified to the commission before, or is made or notified to the commission after, the commencement; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31