270 At the end of section 317ZR
Add:
(6) For the purposes of this section, a person is at executive level, in relation to an interception agency of Western Australia, if the person occupies an office or position at an equivalent level to that of a senior executive officer (within the meaning of the Public Sector Management Act 1994 (WA)).
Schedule 2—Application, saving and transitional provisions
Part 1—Introduction
1 Definitions
(1) In this Schedule:
existing inquiry: see paragraph 2(1)(b).
existing investigation: see paragraph 2(1)(a).
instrument includes:
(a) a contract, deed, undertaking, arrangement or agreement; and
(b) a notice, authority, order or instruction; and
(c) an instrument made under an Act or a regulation.
NACC corruption issue transition notice: see subitem 36(4).
new Act means the National Anti‑Corruption Commission Act 2022.
old Act means the Law Enforcement Integrity Commissioner Act 2006, as in force immediately before the transition time.
rules means the rules made under item 57.
transition determination means, in relation to an existing investigation or an existing inquiry, a determination under subitem 3(1).
transition time means the time section 40 of the new Act (which gives the National Anti‑Corruption Commissioner the power to deal with a corruption issue) commences.
(2) Expressions used in this Schedule that are defined for the purposes of the new Act, and are used in relation to that Act, have the same meaning as in that Act.
(3) Expressions used in this Schedule that were defined for the purposes of the old Act, and are used in relation to that Act, have the same meaning as in that Act.
(4) For the purposes of the operation of the old Act after the transition time, as provided for by this Schedule:
(a) the National Anti‑Corruption Commissioner may exercise the powers, and perform the functions and duties, of the Integrity Commissioner; and
(b) the Inspector may exercise the powers, and perform the functions and duties, of a special investigator; and
(c) the old Act applies with such further modifications as are necessary for matters under the old Act to be managed by the National Anti‑Corruption Commission or the Inspector, as the case requires; and
(d) the amendments made by Part 2 of Schedule 1 are taken not to have been made.
Part 2—Existing investigations and inquiries
2 Transitional—continuation of existing investigations and inquiries
(1) This item applies in relation to the following:
(a) an investigation (the existing investigation) of a corruption issue by the Integrity Commissioner, whether alone or jointly with another person or persons, under Part 6 of the old Act that has been commenced but is not yet completed at the transition time;
(b) a public inquiry (the existing inquiry) by the Integrity Commissioner under Part 8 of the old Act that has been commenced but is not yet completed at the transition time.
(2) The National Anti‑Corruption Commissioner may continue to conduct the existing investigation or existing inquiry under the old Act as if the old Act had not been repealed.
Note: An effect of this subitem is that the rights and obligations of persons and agencies in relation to the investigation or inquiry are determined by the old Act.
(3) However, subitem (2) does not apply if the National Anti‑Corruption Commissioner makes a transition determination in relation to the existing investigation or existing inquiry.
3 Transitional—transition determinations
(1) The National Anti‑Corruption Commissioner may, by notice in writing (the transition determination), determine that the new Act applies to an existing investigation or an existing inquiry if the National Anti‑Corruption Commissioner considers that:
(a) it is more appropriate to deal with the issues the subject of the existing investigation or existing inquiry under the new Act; and
(b) in the case of an existing investigation—the issues could involve corrupt conduct that is serious or systemic.
(2) The National Anti‑Corruption Commissioner must, as soon as reasonably practicable, give a copy of the transition determination to each head of a government agency to which the existing investigation or existing inquiry relates.
(3) The new Act applies to the existing investigation or existing inquiry from the later of the following times:
(a) the time the transition determination is given to the head of each government agency to which the existing investigation or existing inquiry relates;
(b) the time specified in the transition determination.
Note: The new Act will then determine the National Anti‑Corruption Commissioner’s powers, functions and duties in relation to the investigation or inquiry. Similarly, the rights and obligations of persons and agencies in relation to the investigation or inquiry will be determined by the new Act.
(4) A transition determination is not a legislative instrument.
4 Transitional—investigations managed or overseen by Integrity Commissioner
(1) This item applies if, at the transition time, any of the following investigations had been commenced but had not yet been completed:
(a) an investigation of a corruption issue by a law enforcement agency managed by the Integrity Commissioner under subsection 61(1) of the old Act;
(b) an investigation of a corruption issue by a law enforcement agency overseen by the Integrity Commissioner under subsection 62(1) of the old Act.
(2) The National Anti‑Corruption Commissioner may continue to manage, or oversee, the investigation under the old Act as if the old Act had not been repealed.
(3) The law enforcement agency investigating the corruption issue must comply with any reporting obligations under the old Act.
5 Transitional—investigations conducted solely by law enforcement agencies
(a) the Integrity Commissioner referred a corruption issue to a law enforcement agency for investigation under subparagraph 26(1)(b)(iii) of the old Act; and
(b) the investigation had been commenced but had not yet been completed before the transition time.
(2) The referral is taken, after the transition time, to have been made by the National Anti‑Corruption Commissioner under paragraph 41(1)(c) of the new Act.
6 Transitional—investigation of corruption issues relating to conduct of secondees
(1) This item applies if, immediately before the transition time:
(a) a government agency, or an integrity agency for a State or Territory, was investigating the conduct of a secondee to a law enforcement agency; and
(b) the investigation was being done under an arrangement made under subsection 30(1) of the old Act.
(2) The government agency, or the integrity agency for the State or Territory, may continue to investigate the corruption issue as if the old Act had not been repealed.
Part 3—Corruption issues previously referred or notified
7 Transitional—referral and notification of corruption issues
(1) This item applies if, before the transition time:
(a) a person:
(i) had referred an allegation, or information, that raised a corruption issue to the Integrity Commissioner; or
(ii) had notified a corruption issue to the Integrity Commissioner; and
(b) the Integrity Commissioner:
(i) had not yet decided, under Division 2 of Part 4 of the old Act, how to deal with the corruption issue; or
(ii) had decided, under that Division, how to deal with the corruption issue, but had not yet commenced taking any action to deal with the issue.
(2) The allegation or information is taken, or the corruption issue is taken, after the transition time, to have been referred to the National Anti‑Corruption Commissioner under Part 5 of the new Act.
8 Transitional—protection of persons referring or notifying corruption issues
If subitem 7(1) applies in relation to a person and a referral or notification, the person is taken, after the transition time, to have made a NACC disclosure under the new Act in relation to the referral or notification.