40AReview of notices etc. provided by the IBAC

40A Review of notices etc. provided by the IBAC

S. 40A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.62).

(1) Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the IBAC under the specified sections of the Independent Broad-based Anti-corruption Commission Act 2011—

(a) a copy of a confidentiality notice or associated notice, application or order provided under section 43 of that Act;

(b) a written report on the issue of a witness summons given under section 59G of that Act;

(c) a complaint or notification to the IBAC notified under section 71 of that Act;

(d) a withdrawal of a referral notified under section 79(4) of that Act;

(e) an appointment of an examiner notified under section 115(7) of that Act;

(f) a written report on a decision by the IBAC to hold a public examination provided under section 117(5) of that Act;

(g) a written report on the issue of a witness summons given under section 122 of that Act;

(h) a direction by the IBAC in relation to a specified Australian legal practitioner informed in writing under section 128 of that Act;

(i) a copy of a video recording and any transcript of an examination provided under section 134 of that Act;

(j) a written report on the issue of an arrest warrant given under section 142 of that Act;

(k) a written report on the issue of an arrest warrant given under section 154 of that Act.

(a) whether the requirements under the Independent Broad-based Anti‑corruption Commission Act 2011 relating to that matter have been complied with; and

(b) where the IBAC has required a person to produce documents or things for the purposes of an investigation—whether the requirement may reasonably be considered as assisting the IBAC to achieve the purposes of the investigation; and

(c) where the matter relates to the questioning of a person attending an examination—whether the questioning may reasonably be considered as assisting the IBAC to achieve the purposes of the investigation to which the examination relates.

S. 40A(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.62(b)).

(3) If Integrity Oversight Victoria considers that a video recording provided by the IBAC is no longer necessary for the purpose of reviewing the video recording in accordance with this section, Integrity Oversight Victoria may—

(a) return the video recording to the IBAC; or

(b) destroy the video recording.

Pt 4 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 1.63).