Part 10Miscellaneous transitional provisions

Part 10—Miscellaneous transitional provisions

49 Transitional—pending proceedings

(1) This item applies to any proceedings:

(a) that were pending in any court or tribunal immediately before the transition time; and
(b) to which the Integrity Commissioner was a party.

(2) The National Anti‑Corruption Commissioner is, after the transition time, substituted for the Integrity Commissioner as a party to the proceedings.

50 Transitional—judicial review

(1) This item applies if, immediately before the transition time, a person was entitled to make an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under the old Act.

(2) Despite the repeal of the old Act, the person may, after the transition time and subject to the Administrative Decisions (Judicial Review) Act 1977, apply for an order of review in respect of that matter.

51 Transitional—transfer of records

(1) This item applies to any records or documents that were in the possession of the following immediately before the transition time:

(b) an Assistant Integrity Commissioner;
(c) the Australian Commission for Law Enforcement Integrity.

(2) The records and documents are to be transferred to the National Anti‑Corruption Commissioner after the transition time.

52 Transitional—confidential information provided under old Act

(1) This item applies to any confidential information provided to the following, under the old Act, before the transition time:

(b) a staff member of the ACLEI;
(c) if the information was provided to a special investigator for the purposes of Division 4 of Part 12 of the old Act—the special investigator.

(2) The information is taken, immediately after the transition time, to have been provided to the National Anti‑Corruption Commissioner under the new Act.

53 Transitional—references to the Integrity Commissioner etc. in instruments

(1) This item applies to an instrument if:

(a) the instrument was in force immediately before the transition time; and
(b) the instrument contains a reference to:
(i) the Integrity Commissioner; or
(ii) an Assistant Integrity Commissioner; or
(iii) the Australian Commission for Law Enforcement Integrity.

(2) The instrument has effect, after the transition time, as if:

(a) a reference in the instrument to the Integrity Commissioner were a reference to the National Anti‑Corruption Commissioner; and
(b) a reference in the instrument to an Assistant Integrity Commissioner were a reference to a National Anti‑Corruption Deputy Commissioner; and
(c) a reference in the instrument to the Australian Commission for Law Enforcement Integrity were a reference to the National Anti‑Corruption Commission.

(3) The rules may provide that subitem (2) does not apply in relation to a specified instrument.

(4) This item does not prevent the instrument from being amended or repealed after the transition time.