sch.4-sec.156Application of Crime and Corruption Act

### sch.4-sec.156 Application of Crime and Corruption Act Subsection (2) applies if the chief executive officer of a prescribed GOC subsidiary suspects that a complaint, or information or matter (also a complaint ), relating to the subsidiary involves, or may involve, something that would be corrupt conduct under the Crime and Corruption Act 2001 if the subsidiary were a unit of public administration. The chief executive officer must notify the CCC of the complaint under the Crime and Corruption Act 2001 , section 38 as if the prescribed GOC subsidiary were a unit of public administration and the chief executive officer were a public official. Subsection (4) applies if the chief executive of the department in which this Act is administered reasonably suspects that— a complaint, or information or matter (also a complaint ), relating to a prescribed GOC subsidiary involves, or may involve, something that would be corrupt conduct under the Crime and Corruption Act 2001 if the subsidiary were a unit of public administration; and the chief executive officer for the subsidiary has not notified the CCC of the complaint as required under subsection (2) . The chief executive must notify the CCC of the complaint under the Crime and Corruption Act 2001 , section 38 as if the prescribed GOC subsidiary were a unit of public administration and the chief executive were a public official. The Crime and Corruption Act 2001 , sections 39 and 40 apply in relation to the duty imposed by subsection (2) or (4) . On notification under subsection (2) or (4) , the Crime and Corruption Act 2001 applies in relation to the prescribed GOC subsidiary for the purposes of the complaint as if— the subsidiary were a unit of public administration; and the chief executive of the department in which this Act is administered were a public official or relevant public official; and the reference to the chief executive officer of a unit of public administration in the Crime and Corruption Act 2001 , sections 49 (2) (f) and 50 (1) were a reference to the chief executive of the department in which this Act is administered. This section does not affect the operation of section 154 . In this section— CCC means the Crime and Corruption Commission. prescribed GOC subsidiary does not include a prescribed GOC subsidiary that is a declared entity under the Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 in relation to those parts of the entity’s businesses, assets and liabilities that are being disposed of in a declared project under that Act. unit of public administration means a unit of public administration under the Crime and Corruption Act 2001 . sch 4 pt 2 ch 3 pt 18 s 156 ins 1998 No. 21 s 3 sch 1 sub 2001 No. 69 s 378 sch 1 amd 2007 No. 36 s 2 sch ; 2007 No. 10 s 62 sch ; 2009 No. 9 s 134 sub 2009 No. 52 s 104 amd 2010 No. 37 s 31 ; 2014 No. 21 s 94 (2) sch 2 (sch.4-sec.156-ssec.1) Subsection (2) applies if the chief executive officer of a prescribed GOC subsidiary suspects that a complaint, or information or matter (also a complaint ), relating to the subsidiary involves, or may involve, something that would be corrupt conduct under the Crime and Corruption Act 2001 if the subsidiary were a unit of public administration. (sch.4-sec.156-ssec.2) The chief executive officer must notify the CCC of the complaint under the Crime and Corruption Act 2001 , section 38 as if the prescribed GOC subsidiary were a unit of public administration and the chief executive officer were a public official. (sch.4-sec.156-ssec.3) Subsection (4) applies if the chief executive of the department in which this Act is administered reasonably suspects that— a complaint, or information or matter (also a complaint ), relating to a prescribed GOC subsidiary involves, or may involve, something that would be corrupt conduct under the Crime and Corruption Act 2001 if the subsidiary were a unit of public administration; and the chief executive officer for the subsidiary has not notified the CCC of the complaint as required under subsection (2) . (sch.4-sec.156-ssec.4) The chief executive must notify the CCC of the complaint under the Crime and Corruption Act 2001 , section 38 as if the prescribed GOC subsidiary were a unit of public administration and the chief executive were a public official. (sch.4-sec.156-ssec.5) The Crime and Corruption Act 2001 , sections 39 and 40 apply in relation to the duty imposed by subsection (2) or (4) . (sch.4-sec.156-ssec.6) On notification under subsection (2) or (4) , the Crime and Corruption Act 2001 applies in relation to the prescribed GOC subsidiary for the purposes of the complaint as if— the subsidiary were a unit of public administration; and the chief executive of the department in which this Act is administered were a public official or relevant public official; and the reference to the chief executive officer of a unit of public administration in the Crime and Corruption Act 2001 , sections 49 (2) (f) and 50 (1) were a reference to the chief executive of the department in which this Act is administered. (sch.4-sec.156-ssec.7) This section does not affect the operation of section 154 . (sch.4-sec.156-ssec.8) In this section— CCC means the Crime and Corruption Commission. prescribed GOC subsidiary does not include a prescribed GOC subsidiary that is a declared entity under the Infrastructure Investment (Asset Restructuring and Disposal) Act 2009 in relation to those parts of the entity’s businesses, assets and liabilities that are being disposed of in a declared project under that Act. unit of public administration means a unit of public administration under the Crime and Corruption Act 2001 . - (a) a complaint, or information or matter (also a complaint ), relating to a prescribed GOC subsidiary involves, or may involve, something that would be corrupt conduct under the Crime and Corruption Act 2001 if the subsidiary were a unit of public administration; and - (b) the chief executive officer for the subsidiary has not notified the CCC of the complaint as required under subsection (2) . - (a) the subsidiary were a unit of public administration; and - (b) the chief executive of the department in which this Act is administered were a public official or relevant public official; and - (c) the reference to the chief executive officer of a unit of public administration in the Crime and Corruption Act 2001 , sections 49 (2) (f) and 50 (1) were a reference to the chief executive of the department in which this Act is administered.