Part 4Facilitating investigations and inquiries

Part 4—Facilitating investigations and inquiries

9 Transitional—notices to give information or produce documents or things

(1) This item applies in relation to any of the following:

(a) a notice given to a person, before the transition time, by the Integrity Commissioner under subsection 75(1) of the old Act requiring the recipient of the notice to give information or to produce a document or thing with which the recipient has not yet complied;
(b) a notation included, under subsection 77A(2) of the old Act, in such a notice prohibiting the disclosure of information.

(2) The old Act continues to apply in relation to the notice and the notation as if the old Act had not been repealed.

(3) However, if the notice or notation relates to an existing investigation or existing inquiry to which the new Act applies because of a transition determination, then the following apply:

(a) the notice is taken to be a notice to produce given by the National Anti‑Corruption Commissioner under subsection 58(2) of the new Act;
(b) the notation is taken to be a non‑disclosure notation included in the notice to produce for the purposes of subsection 95(1) of the new Act.

10 Transitional—protection of persons who comply with notices and protection of witnesses etc.

(1) This item applies if one of the following was in effect immediately before the transition time:

(a) an arrangement under subsection 81(3) of the old Act for the protection of a person who gave information, or produced a document or thing, in response to a notice served on the person under section 75 of the old Act;
(b) an arrangement under subsection 104A(3) of the old Act for the protection of a person mentioned in subsection 104A(2) of the old Act.

(2) The arrangement continues in effect, after the transition time, as if it had been made under subsection 116(2) of the new Act.

11 Transitional—summons to attend hearings

(1) This item applies in relation to any of the following:

(a) a summons issued to a person, before the transition time, by the Integrity Commissioner under subsection 83(1) of the old Act to attend a hearing to give evidence or to produce any document or thing referred to in the summons;
(b) a notation included, under subsection 91(2) of the old Act, in such a summons prohibiting the disclosure of information.

(2) The old Act continues to apply in relation to the summons and the notation as if the old Act had not been repealed.

(3) However, if the summons and any notation relates to an existing investigation or existing inquiry to which the new Act applies because of a transition determination, then the following apply: