142Evidence of offence or liability to civil penalty

142 Evidence of offence or liability to civil penalty

Commonwealth offence or civil penalty (1) If, in investigating a corruption issue or conducting a public inquiry, the Integrity Commissioner obtains: (a) evidence of an offence against a law of the Commonwealth that would be admissible in a prosecution for the offence; or (b) evidence of the contravention of a law of the Commonwealth: (i) in relation to which civil penalty proceedings may be brought; and (ii) that would be admissible in civil penalty proceedings for the contravention; the Integrity Commissioner must: (c) assemble the evidence; and (d) give the evidence to: (i) the Commissioner of the AFP; or (ii) another person or authority who is authorised by or under a law of the Commonwealth to prosecute the offence or bring the civil penalty proceedings. State or Territory offence or civil penalty (2) If, in investigating a corruption issue or conducting a public inquiry, the Integrity Commissioner obtains: (a) evidence of an offence against a law of a State or Territory that would be admissible in a prosecution for the offence; or (b) evidence of the contravention of a law of a State or Territory: (i) in relation to which civil penalty proceedings may be brought; and (ii) that would be admissible in civil penalty proceedings for the contravention; the Integrity Commissioner must: (c) assemble the evidence; and (d) give the evidence to: (i) the head (however described) of the police force of the State or Territory; or (ii) another person or authority who is authorised by or under a law of the State or Territory to prosecute the offence or bring the civil penalty proceedings.

Note: See also subsection 96B(5).