sec.156Application of Crime and Corruption Act

### sec.156 Application of Crime and Corruption Act Subsection (2) applies if the chief executive officer of a GOC suspects that a complaint, or information or matter (also a complaint ), relating to the GOC involves, or may involve, something that would be corrupt conduct under the Crime and Corruption Act 2001 if the GOC 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 GOC 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 GOC involves, or may involve, something that would be corrupt conduct under the Crime and Corruption Act 2001 if the GOC were a unit of public administration; and the chief executive officer of the GOC 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 GOC 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 GOC for the purposes of the complaint as if— the GOC 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 . This section is declared to be a Corporations legislation displacement provision for the purposes of the Corporations Act , section 5G , in relation to section 1317AE of that Act. The Corporations Act , section 5G , provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. In this section— CCC means the Crime and Corruption Commission. GOC does not include a GOC 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 . s 156 prev s 156 om 1996 No. 54 s 9 sch pres s 156 sub 2001 No. 69 s 378 sch 1 amd 2007 No. 10 s 62 sch sub 2009 No. 52 s 103 amd 2010 No. 37 s 30 ; 2014 No. 21 s 94 (2) sch 2 ; 2019 No. 9 s 4 (sec.156-ssec.1) Subsection (2) applies if the chief executive officer of a GOC suspects that a complaint, or information or matter (also a complaint ), relating to the GOC involves, or may involve, something that would be corrupt conduct under the Crime and Corruption Act 2001 if the GOC were a unit of public administration. (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 GOC were a unit of public administration and the chief executive officer were a public official. (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 GOC involves, or may involve, something that would be corrupt conduct under the Crime and Corruption Act 2001 if the GOC were a unit of public administration; and the chief executive officer of the GOC has not notified the CCC of the complaint as required under subsection (2) . (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 GOC were a unit of public administration and the chief executive were a public official. (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) . (sec.156-ssec.6) On notification under subsection (2) or (4) , the Crime and Corruption Act 2001 applies in relation to the GOC for the purposes of the complaint as if— the GOC 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. (sec.156-ssec.7) This section does not affect the operation of section 154 . (sec.156-ssec.8) This section is declared to be a Corporations legislation displacement provision for the purposes of the Corporations Act , section 5G , in relation to section 1317AE of that Act. The Corporations Act , section 5G , provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. (sec.156-ssec.9) In this section— CCC means the Crime and Corruption Commission. GOC does not include a GOC 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 GOC involves, or may involve, something that would be corrupt conduct under the Crime and Corruption Act 2001 if the GOC were a unit of public administration; and - (b) the chief executive officer of the GOC has not notified the CCC of the complaint as required under subsection (2) . - (a) the GOC 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.