State or Territory inspecting authority, in relation to a State or Territory agency, means the authority that, under the law of the State or Territory concerned, has the function of making inspections of a similar kind to those provided for in section 15HS when the State or Territory agency is exercising powers under a corresponding State controlled operations law.
(2) The Ombudsman may give information that:
(a) relates to a State or Territory agency; and
(b) was obtained by the Ombudsman under this Division;
to the State or Territory inspecting authority in relation to the agency.
(3) The Ombudsman may only give information to an authority under subsection (2) if the Ombudsman is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State or Territory agency.
(4) The Ombudsman may receive from a State or Territory inspecting authority information relevant to the performance of the Ombudsman’s functions under this Division.
15HX Delegation by Ombudsman
(1) The Ombudsman may, by written instrument, delegate to an APS employee responsible to the Ombudsman all or any of the Ombudsman’s powers under this Division, other than a power to report to the Minister.
(2) A delegate must, upon request by a person affected by the exercise of any power delegated to the delegate, produce the instrument of delegation, or a copy of the instrument, for inspection by the person.
15HY Ombudsman not to be sued
The Ombudsman, an inspecting officer, or a person acting under an inspecting officer’s direction or authority, is not liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, in good faith in the performance or exercise, or the purported performance or exercise, of a function or power conferred by this Division.
Division 5—Miscellaneous
15HZ Evidence of authorities
A document purporting to be an authority granted under section 15GI or under a corresponding State controlled operations law:
(a) is admissible in any legal proceedings; and
(b) in the absence of evidence to the contrary, is proof in any proceedings (not being criminal or disciplinary proceedings against a law enforcement officer) that the person granting the authority was satisfied of the facts he or she was required to be satisfied of to grant the authority.
15J Secretary of Immigration and Border Protection Department to be notified of certain authorities
(1) This section applies if:
(a) an authority is granted under section 15GI by an AFP authorising officer, an ACC authorising officer or a NACC authorising officer; and
ZoeLaw is not a law firm. Picks are our opinion; we don't share your details.
(b) the applicant for the authority believes that illicit goods involved in the conduct of the operation may be dealt with by an officer of Customs.
(2) The applicant must, as soon as practicable after the authority is granted, notify the Secretary of the Immigration and Border Protection Department, or a person (the nominated person) nominated by him or her for the purposes of this section, in writing of:
(a) the applicant’s name; and
(b) the date on which the authority was granted; and
(c) to the extent to which it is known:
(i) the place or places at which the illicit goods will pass into customs control under the Customs Act 1901; and
(ii) the time or times when, and the day or days on which, the illicit goods are expected to pass into customs control under the Customs Act 1901.
(3) A failure to comply with this section does not affect the validity of an authority.
Part IABA—Integrity testing
Division 1—Introduction
15JA Integrity testing—simplified outline
The following is a simplified outline of this Part:
This Part provides for the authorisation of operations (called integrity testing operations) that are designed to test the integrity of staff members of target agencies using controlled or simulated situations.
Operations can be authorised only if there is a reasonable suspicion that a staff member has committed, is committing or is likely to commit an offence punishable on conviction by imprisonment for 12 months or more.
Authorisations for integrity testing operations may form the basis for the authorisation of controlled operations under Part IAB.
Integrity 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.
Law enforcement officers and others may take part in integrity testing operations.
Participants in integrity testing operations are indemnified against civil liability in relation to the conduct of the operations in accordance with the authorisations concerned.
Information relating to an integrity testing operation may only be disclosed for the purposes of disciplinary or legal action in relation to the staff member concerned, or a number of related purposes.
15JB Integrity testing—concurrent operation of State and Territory laws
It is the intention of the Parliament that this Part is not to apply to the exclusion of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Part.
15JC Integrity testing—definitions
In this Part:
appropriate authorising officer, for an integrity testing operation, has the meaning given by the table in subsection 15JE(1).
authorising officer means any of the appropriate authorising officers.
Note: These officers are listed in the table in subsection 15JE(1).
civilian participant, in an integrity testing operation, means a participant in the operation who is not a law enforcement participant (as defined in this section).
corruption investigation has the same meaning as in the National Anti‑Corruption Commission Act 2022.
corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022.
Note: See section 9 of the National Anti‑Corruption Commission Act 2022.
disciplinary or legal action, in relation to a staff member of a target agency, means any of the following:
(a) action in respect of alleged misconduct of the staff member;
(b) termination of the employment or appointment of the staff member;
(c) a disciplinary proceeding in relation to the staff member or a report of such a proceeding;
(d) the investigation of an offence suspected to have been committed by the staff member;
(e) a legal proceeding in relation to the staff member, or a report of such a proceeding.
Disciplinary or legal action also includes the consideration of whether an action or proceeding covered by this definition should be taken or brought.
disciplinary proceeding:
(a) means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and
(b) includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
integrity testing agency means any of the following:
(a) the ACC;
(c) the Australian Federal Police;
(d) the Immigration and Border Protection Department;
(e) the National Anti‑Corruption Commission.
integrity testing authority means an authority granted under section 15JG to conduct an integrity testing operation.
integrity testing operation: see section 15JD.
law enforcement participant, in an integrity testing operation, means a participant in the operation who is:
(a) a law enforcement officer; or
(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.
Note: Staff members of integrity testing agencies (as defined in this section) are law enforcement officers. Law enforcement officers also include members of State and Territory police forces, and police forces of foreign countries (see section 3).
participant, in an integrity testing operation authorised by an integrity testing authority, means a person who is authorised under this Part to participate in the operation.
responsible staff member, for an integrity testing operation authorised by an integrity testing authority, means the staff member of an integrity testing agency identified in the authority as the staff member responsible for the conduct of the operation.
staff member of an integrity testing agency has the same meaning in relation to that agency as in section 12 of the National Anti‑Corruption Commission Act 2022.
target agency means any of the following:
(a) the ACC;
(b) the Australian Federal Police;
(c) the Immigration and Border Protection Department;
(d) any other Commonwealth agency (within the meaning of the National Anti‑Corruption Commission Act 2022).
15JD Integrity testing—meaning of integrity testing operation
(1) An integrity testing operation is an operation conducted in relation to a target agency using controlled or simulated situations to test the integrity of a staff member of the agency.
(2) An integrity testing operation includes an operation that offers the staff member an opportunity to engage in conduct, whether lawful or unlawful, so as to contravene principles of behaviour required (by law or otherwise) of persons occupying the position of such a staff member.
Note 1: For target agency, see section 15JC.
Note 2: References to a staff member include references to more than one staff member (see section 23 of the Acts Interpretation Act 1901).
15JE Integrity testing authorities—circumstances in which applications may be made
(1) The following table has effect:
Integrity testing—circumstances in which applications may be made
Item If a proposed integrity testing operation is concerned with … a staff member of the following agency may apply for authority for the operation … from the following officer (an appropriate authorising officer) …
1 the integrity of a staff member of the ACC the ACC (a) the Chief Executive Officer of the ACC; or(b) an SES employee in the ACC.
2 the integrity of a staff member of the Australian Federal Police the Australian Federal Police (a) the Commissioner; or(b) a Deputy Commissioner; or(c) an SES employee in the Australian Federal Police.
3 the integrity of a staff member of the Immigration and Border Protection Department the Immigration and Border Protection Department (a) the Secretary of the Immigration and Border Protection Department; or(b) an SES employee in the Immigration and Border Protection Department.
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.
Note 1: For target agency, see section 15JC.
Note 2: References to a staff member include references to more than one staff member (see section 23 of the Acts Interpretation Act 1901).
(2) The application of item 4 of the table in subsection (1) in relation to a staff member of the ACC, the Australian Federal Police or the Immigration and Border Protection Department does not prevent the application of any of the other items in the table in relation to the integrity of the staff member.
(3) A reference in a cell in the table in subsection (1) to an SES employee of an integrity testing agency is taken to be a reference to an SES employee authorised in writing by the officer of the agency mentioned in paragraph (a) in the cell.
15JF Integrity testing authorities—application
(1) An application under section 15JE must:
(a) be in writing; and
(b) provide sufficient information to enable the authorising officer to decide whether or not to grant the application; and
(c) state whether or not the proposed integrity testing operation is related to any past, current or proposed:
(i) integrity testing operation; or
(ii) controlled operation under Part IAB; and
(d) state the proposed period of effect of the authority, which must not exceed 12 months.
(2) The appropriate authorising officer may require the applicant to provide such additional information concerning the proposed integrity testing operation as is necessary for the proper consideration of the application.
Note: See the table in section 15JE for which staff members may apply to conduct an integrity testing operation, and to which authorising officers (called appropriate authorising officers) such applications may be made.
15JG Integrity testing authorities—grant
(1) The appropriate authorising officer may, after considering an application for an authority to conduct an integrity testing operation in relation to a target agency, and any additional information provided under subsection 15JF(2):
(a) authorise the operation by granting the authority, in writing, either unconditionally or subject to conditions; or
(b) refuse the application.
(2) The authorising officer must not grant the authority to conduct the integrity testing operation unless the authorising officer is satisfied that:
(a) there are reasonable grounds to suspect that a Commonwealth offence or a State offence, punishable on conviction by imprisonment for 12 months or more, has been, is being or is likely to be committed by a staff member of the target agency (whether or not the identity of the staff member is suspected or known); and
(b) it is appropriate in all the circumstances to conduct the operation; and
(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.
(3) The authorising officer may grant an integrity testing authority even if the operation has been authorised by a previous integrity testing authority, or has been the subject of a previous application for such an authority.
Example: The authorising officer may grant an integrity testing authority that authorises the continuation or resumption of an operation authorised by an earlier authority.
(4) An integrity testing authority is not a legislative instrument.
Note: See the table in section 15JE for who are the appropriate authorising officers for a proposed integrity testing operation in relation to a target agency.
15JH Integrity testing authorities—form
Contents of integrity testing authority
(1) An integrity testing authority must:
(a) state the name and rank or position of the appropriate authorising officer; and
(b) identify the responsible staff member for the integrity testing operation and, if he or she is not the applicant for the authority, state the name of the applicant; and
(c) identify the nature of the criminal activity (including the suspected offence mentioned in paragraph 15JG(2)(a)) in relation to which the integrity testing operation is to be conducted; and
(d) identify the persons authorised to participate in the integrity testing operation; and
(e) describe the nature of the integrity testing operation; and
(f) identify (to the extent known) the staff member or staff members who are the target of the operation; and
(g) state a period of effect of the authority of not more than 12 months after the day the authority is granted; and
(h) state any conditions to which the conduct of the controlled operation is subject; and
(i) state the day and time when the authority is granted.
Note: The period of effect may be extended (or further extended) for up to 12 months, but not so the period of effect of the authority ends more than 24 months after it is granted (see section 15JK).
Identity of persons authorised to conduct the integrity testing operation
(2) A person is sufficiently identified for the purposes of paragraph (1)(d) if the person is identified:
(a) by an assumed name under which the person is operating that the authorising officer can match to the person’s identity; or
(b) by a code name or code number that the authorising officer can match to the person’s identity.
(3) An authority must not identify persons for the purposes of paragraph (1)(d) by identifying a class of persons.
15JI Integrity testing authorities—notice to National Anti‑Corruption Commissioner
As soon as practicable after granting an integrity testing authority for an integrity testing operation, the authorising officer must give a copy of the authority to:
(a) the responsible staff member for the operation; and
(b) the National Anti‑Corruption Commissioner (unless the authorising officer is an officer of the National Anti‑Corruption Commission).
15JJ Integrity testing authorities—duration
(1) An integrity testing authority comes into force when the authority is granted (see section 15JG).
(2) The authority has effect for the period stated in the authority, as extended by any variation under section 15JK, unless earlier cancelled (see section 15JL).
Note: The maximum period of effect for an integrity testing authority (taking into account any extension) is 24 months after it is granted (see paragraph 15JH(1)(g) and subsection 15JK(2)).
15JK Integrity testing authorities—variation
(1) An appropriate authorising officer for an integrity testing operation that is authorised by an integrity testing authority may, in writing, vary the authority:
(a) at any time on the authorising officer’s own initiative; or