National Anti-Corruption Commission (Consequential and Transitional Provisions) Rules 2023

These Rules set out how powers, investigations, authorisations, records and reporting under the former Integrity Commissioner / ACLEI regime move to the National Anti‑Corruption Commission (NACC) at the transition time. They specify which NACC officers exercise former ACLEI functions and preserve ongoing evidentiary, confidentiality and reporting obligations. It matters because the Rules create legal continuity for existing investigations, transfer custodial responsibilities and impose administrative and compliance duties on the NACC and other Commonwealth agencies.

This instrument, the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Rules 2023, implements the transitional and consequential arrangements required when the National Anti‑Corruption Commission (NACC) takes over functions previously exercised by the Australian Commission for Law Enforcement Integrity (ACLEI) and the Integrity Commissioner under the former Act (referred to in this instrument as the old Act). It commenced 1 July 2023 (see s 2) and is made under the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022 (s 3). The instrument does not set substantive investigative powers for the NACC itself; rather it prescribes how existing authorities, records, reports, notices, obligations and investigative material are to be treated after the “transition time”.

Mechanically, the Rules do the following (core features drawn from the instrument):

Transfer of functions and officers: for operation of the old Act after transition, the National Anti‑Corruption Commissioner may exercise the powers and perform the functions and duties of the Integrity Commissioner, while the Inspector may perform the powers and duties of a special investigator (s 5(1)(a)-(b)). Further, authorised officers under the new Act are taken to be authorised officers for the old Act in many contexts (s 5(2)(a)) and identity‑card references are aligned (s 5(2)(b)).
Continuity of subordinate instruments: the Law Enforcement Integrity Commissioner Regulations 2017 continue to apply (except reg 8) for the purposes of the old Act as it operates after transition (s 6).
Preservation and incorporation of records, registers and documents: a large number of provisions take documents, records, registers, warrants, authorisations and evidentiary certificates that existed under ACLEI and the Integrity Commissioner and treat them as if they are records of, or issued to, the NACC (see e.g. ss 16-17, 22, 26, 30-33, 36-38, 44, 46, 48, 52-54). Where cancellations or revocations were to take effect after the transition time, they take effect as if given by the NACC authorising officer (ss 14, 18, 20).
Notices, summonses and confidentiality directions: where transition determinations apply to existing notices, summonses or confidentiality directions there is a mandatory obligation on the NACC to give recipients a copy of the transition determination and to advise, in writing, of the effect and of their rights and obligations under the new Act (ss 7, 10-12).
Continued operation of reporting, evidentiary and confidentiality regimes under the old Act: specific parts of the old Act continue to apply in relation to investigations, public inquiries and evidence (ss 9, 13, 59-61, 62-64). The instrument also preserves reporting to Ministers and Ombudsman requirements under other Acts where those obligations were not completed before transition (see Division 1-4 of Part 4 and multiple sections such as ss 15, 19, 26-28, 34-41, 43, 45, 47, 50, 51).
Special handling of ACLEI corruption issues: the Inspector must give certain persons copies of NACC corruption issue transition notices and specific rules govern provision of information and reporting for ACLEI corruption issues (Part 5, ss 55-58).

The Rules therefore provide the legal mechanics for continuity: who may exercise what powers, how pre‑existing documentation and authorisations are treated, what reporting and recordkeeping duties continue, and how recipients of investigative process are to be informed of change. The instrument repeatedly effects continuity by stating that provisions of the old Act continue to apply “as if the old Act had not been repealed” (for example ss 5, 9, 13, 59-61). The instrument itself contains no separate policy statement; it records administrative transition measures and the identity of the maker (Attorney‑General Mark Dreyfus KC) and the date signed (19 June 2023).

The Rules use a small set of legal mechanisms to achieve transition. Understanding these concepts is key to reading and applying the instrument.

Transition time and transition determinations: the instrument relies on terms defined in the Transitional Schedule to the Consequential and Transitional Provisions Act 2022, including “transition time”, “transition determination” and “NACC corruption issue transition notice” (s 4(1)). A transition determination is the administrative act that triggers many of the notification obligations in Parts 2 and 3. The instrument repeatedly conditions duties on whether a particular Transitional Schedule item applies to a notice, summons or investigation.
Continuity by “taken to be” and “as if” formulations: much of the instrument adopts the legal technique of treating pre‑transition items as if they had been issued to, kept by, or recorded by the NACC. Examples include: documents and records kept under the Crimes Act (s 16), incorporation of the previous general register into the NACC register (s 17), evidentiary certificates under the Surveillance Devices Act (s 33) and various “taken to be” clauses across telecommunications provisions (ss 36-38, 46-48). The phrase “applies as if the old Act had not been repealed” appears frequently (see ss 5(1)(c), 6, 9(1), 13, 59(1), 60, 61) to preserve operation of particular old Act provisions.
Vesting and substitution of institutional roles: the Rules substitute the National Anti‑Corruption Commissioner, the Inspector and NACC authorised officers into statutory positions previously occupied by the Integrity Commissioner, special investigators, ACLEI staff and ACLEI authorising officers (s 5(1)-(2); multiple provisions in Part 4 and Part 8). This substitution extends to reporting lines and ministerial report processes (see ss 15, 19, 21, 23, 26-28, 39-41).
Obligations to inform affected persons: where existing notices, summonses or confidentiality directions are subject to a transition determination, the NACC must give recipients both a copy of the determination and written advice about legal effect and rights under the new Act (ss 7, 10-12). The Rules also preserve non‑disclosure notations inserted under the old Act where Transitional Schedule item 9 does not apply (s 10(2)).
Preservation of inter‑Act reporting and secrecy interlocks: the instrument maps obligations and secrecy carve‑outs across a number of Commonwealth statutes so that authorised sharing, secrecy exceptions and reporting requirements continue to function (see ss 14-25 for interaction with the Crimes Act and Proceeds of Crime Act, ss 26-33 for the Surveillance Devices Act, ss 34-54 for the Telecommunications (Interception and Access) Act 1979, and ss 65-71 for ABF, ACC and AFP statutory secrecy and Ombudsman access).

The instrument is targeted at Commonwealth institutions, officers and persons who were parties to or recipients of investigative powers and procedural processes under ACLEI and the old Act. It does not create new classes of private rights but affects a range of actors as follows.

National Anti‑Corruption Commissioner and NACC staff: the instrument places duties, records and reporting responsibilities on the National Anti‑Corruption Commissioner and NACC authorised officers by substituting them for positions previously held by the Integrity Commissioner and ACLEI personnel. Examples: s 5(1) authorises the Commissioner to exercise the Integrity Commissioner’s powers; ss 16-17, 22, 30-33, 37-38, 44, 46 and others require the Commissioner to keep records and registers that were previously ACLEI’s.
The Inspector and special investigators: the Inspector is authorised to continue the functions of a special investigator under the old Act (s 5(1)(b)). Part 5 requires the Inspector to distribute NACC corruption issue transition notices to the Minister and,to the extent set out,persons who elected to be kept informed (s 55).
Persons who were recipients of notices, summonses or confidentiality directions under the old Act: where a transition determination applies, recipients must be given a copy of the determination and written advice about how their rights and obligations change under the new Act (ss 7, 10-12). Non‑disclosure notations previously included under subsection 77A(2) of the old Act continue to apply where Transitional Schedule item 9 does not apply (s 10(2)).
Heads of Commonwealth agencies and law enforcement agencies: the instrument affects how those heads must prepare and cause reports to be laid, and how investigations already completed or in progress are reported (see s 9(6), (7) and multiple report‑related provisions in Part 4 and Part 7). In some circumstances references to the Integrity Commissioner in reporting provisions are taken to be references to the NACC Commissioner (s 9(6)(d)).
Ombudsman, Ministers and parliamentary bodies: the instrument requires the NACC Commissioner or Inspector to give copies of certain notices to a Minister and preserves obligations to notify the Ombudsman or Ministers about warrants, interceptions and international production orders when those matters were started before transition time (see ss 7, 15, 26-27, 34, 49).
Persons in possession of seized property or authorisations under Proceeds of Crime Act or warrants under the Surveillance Devices Act or Telecommunications Act: the Rules treat custodianship, authorisations and seized things as transferring to the NACC where those matters were in force or executed before transition (see ss 24-25, 30-33, 36).

This instrument creates duties principally by operation of substitution and continuity. It does not create new standalone offences or novel rights; instead it imposes duties on the NACC, the Inspector, and other Commonwealth entities to respect, preserve and act on pre‑transition arrangements. Key duties and rights include the following.

Duty of the National Anti‑Corruption Commissioner to assume Integrity Commissioner roles: s 5(1)(a) expressly allows the NACC Commissioner to exercise the powers and perform the functions and duties of the Integrity Commissioner for the purposes of operation of the old Act after transition. This creates an administrative duty to manage existing investigations, reports, registers and records.
Duty on the Inspector to exercise special investigator powers: s 5(1)(b) authorises the Inspector to perform the functions of a special investigator for continuity of old Act matters.
Obligations to notify recipients after transition determinations: where a transition determination affects a notice, summons or confidentiality direction, the NACC must give recipients a copy of the transition determination and written advice about the effect and their rights and obligations under the new Act (ss 7, 10-12). Timing is the standard “as soon as practicable” (ss 10(1), 11 and 12).
Recordkeeping and register duties: the instrument requires the NACC to take custody of documents and records that ACLEI or the Integrity Commissioner kept in accordance with specified sections of other Acts, and to cause those records to be kept under the corresponding provisions (for example ss 16, 22, 30-32, 37-38, 44, 48, 52-53). The previous registers are to be incorporated into the NACC registers (ss 17, 32).
Duty to provide certain information to the Inspector: where an Inspector issues an NACC corruption issue transition notice and gives a copy to the NACC Commissioner or a special investigator, the Commissioner or special investigator must give the Inspector all information relevant to the ACLEI corruption issue that is in their possession or control (s 56(1)-(2)).
Reporting duties under other Acts preserved and mapped to the NACC: for the first report the NACC must submit under several statutory reporting provisions, the sections operate as if the Commissioner had been the chief officer of ACLEI for the relevant past periods (see ss 15(1)-(2), 19, 21, 23, 28, 29, 41, 43, 45, 47, 50). This imposes an obligation on the NACC to prepare and submit reports, and in some cases to incorporate historical material about ACLEI’s activities.

The Rules are primarily transitional and consequential; they do not themselves create fresh criminal offences or specific civil penalties. Enforcement mechanisms and any penalties for non‑compliance are therefore those contained in the substantive legislation that the Rules preserve or interact with. The instrument achieves enforcement continuity in several ways.

Preservation of enforcement provisions in the old Act and other Acts: the instrument repeatedly provides that specified provisions of the old Act “continue to apply” as if the old Act had not been repealed (see s 5(1)(c), s 6, s 9(1), s 13, s 59(1), s 60, s 61). Consequently, any enforcement mechanisms, penalty provisions, or remedies that those provisions carry remain available under the old Act’s scheme for the affected matters. This means, for ongoing investigations and evidence handling continued after transition, existing sanctioning provisions tied to those parts remain in play.
Administrative enforcement through reporting and oversight: the instrument places duties on the NACC to prepare and submit statutory reports to Ministers and to the Ombudsman where those duties were incompletely discharged before transition (see Parts 4 and 7, particularly ss 15, 26-28, 34, 39-41, 43, 47, 50). Failure to meet those duties will be enforced by the statutory processes in the respective Acts (for example requirements to table reports in Parliament such as s 64(b) requiring Ministers to lay special reports within 15 sitting days). The instrument therefore preserves political and parliamentary oversight as an enforcement mechanism.
Evidentiary certificates and admissibility: the Rules make persons who were ACLEI officers “taken to have been” NACC officers for purposes of issuing certificates under surveillance and telecommunications legislation (ss 33, 35). Those certificates operate as evidentiary mechanisms under the relevant Acts (for example certifying and admissibility provisions in the Surveillance Devices Act and Telecommunications (Interception and Access) Act). The effect is to preserve evidence admissibility and to allow administrative certification to support prosecutions or civil actions where the underlying substantive law so provides.
Ombudsman complaints and oversight: the instrument allows complaints to the Commonwealth Ombudsman with respect to action taken by ACLEI or the Integrity Commissioner to continue to be dealt with under the Ombudsman Act 1976 as if the prescribed authority continued (s 70). This preserves the Ombudsman’s oversight role and administrative investigative remedies.

The instrument is deliberately interwoven with several Commonwealth statutes, ensuring continuity of powers, records, secrecy obligations and reporting. It repeatedly maps pre‑transition functions, documents and records under other Acts to the NACC so that statutory schemes remain operable post‑transition. Key interactions are:

Crimes Act 1914 (Part 1AB and controlled operations framework): sections 14-23 map controlled operation authorities, integrity testing authorities, assumed identity authorities, witness identity protection reporting and recordkeeping so that cancellations, records and reports that were ACLEI’s are taken to be handled by the NACC. For example, cancellations under s 15GY that were made by an ACLEI authorising officer and due to take effect after transition are taken to take effect as if ordered by an NACC authorising officer (s 14). Sections 15, 18, 20 and 21 adapt reporting obligations to the NACC’s first reports.
Proceeds of Crime Act 2002: ss 24-25 treat the head of the NACC as the responsible custodian for things that ACLEI’s head had been custodian of immediately before transition (s 24). Section 25 ensures references to authorised officers in enforcement sections 256-258 include references to the NACC where seizure or execution was conducted under ACLEI’s authorised‑officer regime.
Surveillance Devices Act 2004: ss 26-33 preserve report obligations, notification to the Ombudsman, registers and evidentiary certificates and take prior ACLEI warrants and authorisations as if issued to the NACC (see s 26 and s 27). Previous registers and documents are incorporated into the NACC’s registers (ss 30-32). Section 33 treats former ACLEI law enforcement officers as having been NACC officers for issuing certificates under s 62.
Telecommunications (Interception and Access) Act 1979: Part 4 Division 4 (ss 34-54) transposes obligations and records for Part 5.3 warrants, telecommunications warrants, named person warrants, stored communications warrants, authorisations for access, international production orders and associated reporting. For example, intercepted information lawfully obtained by ACLEI and transferred under the Transitional Schedule is taken to have been obtained by the NACC (s 36(2)). The Rules also ensure deferral and inclusion rules for ministerial reports and destruction/retention rules of records carry over (ss 41-45, 50, 51, 54).
Australian Border Force Act 2015 and Immigration and Border Protection information: s 65 expressly allows entrusted persons to make records of, and disclose, Immigration and Border Protection information for purposes of the old Act as continued. This preserves information‑sharing authority.

The instrument, as provided, contains limited internal amendment history. The Rules were made by the Attorney‑General, Mark Dreyfus KC, and signed on 19 June 2023 (frontmatter) and expressly commence on 1 July 2023 (s 2). Section 2 includes a commencement table noting that the whole instrument commences on 1 July 2023; the instrument states that the table is as originally made and will not be amended in published versions to reflect later amendments.

The instrument is made under the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022 (s 3). The Rules do not themselves record any later amendments, repeal or modification beyond the original text. There is an express saving mechanism for the Law Enforcement Integrity Commissioner Regulations 2017: those Regulations, as in force immediately before transition (except section 8), continue to apply for purposes of operation of the old Act after transition (s 6). That provision is a form of transitional preservation rather than an amendment.

Because the instrument exists to give effect to the Transitional Schedule in the Consequential and Transitional Provisions Act 2022, substantive change to the instrument would require an amending instrument made under the same Act. The text contains several cross‑references to the Transitional Schedule and the new Act; any later modifications to either the Transitional Schedule or the new Act would likely require separate consequential drafting to maintain internal consistency. The instrument itself declares that expressions defined for the purposes of the new Act and used in relation to that Act have the same meaning as in the new Act, and likewise for expressions defined for the old Act (s 4(2)-(3)). That makes the Rules sensitive to later definitional changes in the primary Acts.

Practitioners interested in amendment history should therefore trace:

any amending instruments made under the same authority after the 1 July 2023 commencement;
changes to the Transitional Schedule in the Consequential and Transitional Provisions Act 2022 that might shift which items apply; and
subsequent amendments to the substantive Acts the instrument interacts with (Crimes Act 1914, Surveillance Devices Act 2004, Telecommunications (Interception and Access) Act 1979, Proceeds of Crime Act 2002, ABF Act, ACC Act, AFP Act and Privacy Act) because the Rules rely on those instruments remaining stable.

The instrument contains no recorded prior versions or later modification notes in the text copy given. The signature block and commencement table are the historical markers contained in the instrument itself.

The instrument does not contain or reference any litigation history. It does not cite case law, does not record prior judicial interpretation, and does not indicate that any of its provisions have been the subject of court proceedings. The Rules are transitional in nature and focus on administrative mapping and continuity of legal obligations; any judicial review or litigation arising from their operation would be found in external sources (courts and tribunals decisions), but none are recorded in the text you provided.

Two features of the instrument are nonetheless litigation‑relevant:

Judicial review carve‑outs and assistance: the instrument preserves a Schedule 2 paragraph of the Administrative Decisions (Judicial Review) Act 1977 as it applied to certain decisions under the old Act (s 72) and provides for the availability of financial assistance for ADJR proceedings in some circumstances under regulations under the new Act (s 73). These measures affect litigation strategy by preserving the restricted reviewability of certain administrative decisions that arose under the old Act and by providing a mechanism for financial assistance where ADJR proceedings are launched.
Evidentiary continuity: the Rules preserve evidentiary certificates and treatment of intercepted information, surveillance evidence and seized things (see ss 33, 35, 36). These preservation provisions are likely to feature in litigation concerning admissibility or chain‑of‑custody where evidence was obtained under ACLEI authorities before transition.

Because the Rules merely reallocate historic powers and records to the NACC, litigation about their operation will generally centre on (a) whether the relevant transitional mapping correctly applies to a given fact pattern (for example whether a particular warrant or authorisation was properly transferred), (b) whether confidentiality and evidence handling obligations under the old Act were properly discharged after transfer, and (c) whether recipients of notices were adequately notified in accordance with ss 7, 10-12. Any such litigation would be against the substantive Acts and their application to particular facts; the Rules themselves supply the legal basis for NACC standing to be the continuing agency. The instrument, however, does not itself refer to any case law or decisions.

The instrument contains a number of drafting and operational features that can be traps for practitioners who assume a simple one‑for‑one transfer. The following are concrete items to watch for, grounded in the specific text.

“Taken to be” is not merely descriptive: the instrument repeatedly states that documents, records, authorisations, registered entries and seized things are “taken to be” records of the NACC or taken to have been issued to the NACC (see ss 16-17, 22, 30-33, 37-38, 44, 46, 48, 52-54). These are legal substitutions that alter legal standing and custodianship. Practitioners should not assume an informal handover is sufficient; the instrument mandates the legal recharacterisation.
Timing language “as soon as practicable”: obligations to notify recipients of transition determinations and to give copies of notices/summonses/directions use the standard “as soon as practicable” formulation (see ss 10(1), 11, 12 and s 7). That phrase is fact‑sensitive and may be litigated if a recipient claims prejudice from delay.
Preservation of “old Act” provisions where obligations remained outstanding: the Rules do not simply transfer ongoing investigations; they keep in force specific reporting, evidence and confidentiality obligations of the old Act for matters that were incomplete at transition (ss 9, 13, 59-61). That means a practitioner must examine the old Act’s provisions to know the duties that continue to apply.
Reporting “as if” ACLEI had continued: several provisions require the NACC to prepare first reports under other Acts “as if” the Commissioner had been ACLEI’s chief officer for the prior reporting period (see ss 15(1)-(2), 19, 21, 23, 28, 41, 47, 50). That requires collating historic ACLEI material and raises practical questions about completeness and format.
Privacy Act carve‑out is narrow and specific: s 74 excludes acts or practices in relation to records that originated with or were received from the Integrity Commissioner or ACLEI from the Privacy Act’s altered paragraph 7(1)(ga); practitioners must read s 74 closely to see the precise scope of the exclusion.
Non‑disclosure notations and confidentiality directions can survive: s 10(2) preserves non‑disclosure notations that had not been cancelled before transition when item 9 of the Transitional Schedule does not apply. Similarly, s 12 requires written advice to recipients where confidentiality directions are affected by transition determinations. Practitioners must check whether specific notations or directions remain operative.

Compliance with this instrument means operationalising the legal substitutions and continued obligations it creates. The following is a practical checklist grounded in the instrument’s specific provisions.

Accept and record custodianship and registers
- Incorporate ACLEI’s previous registers into the NACC registers as required (ss 17, 32). Ensure an audit trail that shows the contents of the previous registers were incorporated from the transition time, and document the date and authority for that incorporation.
- Take custody of documents and records previously kept under other Acts and ensure they are now held in accordance with the corresponding statutory provisions (see ss 16, 22, 30-31, 37-38, 44, 48, 52-53). Create an index referencing the originating statutory provision.
Notify recipients of transition determinations and affected process participants
- Where the NACC makes a transition determination that affects an existing notice, summons or confidentiality direction, deliver to the recipient a copy of the transition determination and written advice of the effect and the person’s rights and obligations under the new Act “as soon as practicable” (ss 7, 10(1), 11, 12). Use recorded delivery and date stamps to evidence timing.
- For non‑disclosure notations that survive because item 9 of the Transitional Schedule does not apply, ensure such notations remain on file and notify relevant custodians (s 10(2)).
Preserve evidentiary chains and certificates
- For warrants, interceptions, or authorisations obtained pre‑transition, document that such authorisations are treated as if issued to the NACC for the purposes of the Telecommunications Act and the Surveillance Devices Act (ss 33, 35-36). Maintain the originals where possible, and note the legal basis for any copies or transfers.
- Ensure certifying officers and appropriate staff understand they may issue or rely on certificates under the relevant Acts with the benefit of the transitional “taken to be” treatment (ss 33, 35, 60).
Fulfil reporting obligations mapped to NACC
- Prepare the first periodic and annual reports under various Acts as if ACLEI had been the chief officer for the specified earlier periods (see ss 15(1)-(2), 19, 21, 23, 28, 41, 47, 50). Collate historic data, ensure appropriate sign‑off and table by the Minister where required (s 64(a)-(b) for special reports).

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Commonwealth Coat of Arms of Australia

National Anti‑Corruption Commission (Consequential and Transitional Provisions) Rules 2023

I, Mark Dreyfus KC, Attorney‑General, make the following rules.

Dated 19 June 2023

Mark Dreyfus KC

Attorney‑General

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Functions and powers under old Act

6 Regulations under old Act

Part 2—Existing investigations and inquiries

7 Notice of making of transition determinations

8 Passing on information relevant to agency investigation

9 Actions after completion of investigations of corruption issues

Part 3—Facilitating investigations and inquiries

10 Notices to give information or produce documents or things

11 Summonses

12 Directions in relation to confidentiality

13 Disclosure of hearing material and derivative material

Part 4—Requirements or permissions etc. under other Acts

Division 1—Crimes Act 1914

14 Cancellation of controlled operation authorities

15 Reports to Minister and Ombudsman in relation to controlled operations

16 Documents connected with controlled operations

17 General register for controlled operations

18 Cancellation of integrity testing authorities

19 Annual report to Law Enforcement Minister for integrity testing operations

20 Cancellation of assumed identity authorities

21 Annual report to Minister about authorities for assumed identities

22 Record keeping for assumed identities

23 Annual report to Minister about witness identity protection certificates

Division 2—Proceeds of Crime Act 2002

24 Responsible custodian

25 Authorised officers

Division 3—Surveillance Devices Act 2004

26 Reports to Minister on warrants and authorisations

27 Notification to Ombudsman in relation to warrants

28 Annual report to Minister about warrants

29 Deferral of inclusion of information in annual report

30 Keeping documents connected with warrants and authorisations

31 Keeping other records

32 Register of warrants and authorisations

33 Evidentiary certificates

Division 4—Telecommunications (Interception and Access) Act 1979

34 Notifications to Ombudsman in relation to Part 5.3 warrants

35 Evidentiary certificates

36 Dealing with intercepted information

37 Keeping documents connected with issue of warrants

38 Keeping other records in connection with interceptions

39 Reports to Minister regarding telecommunications service warrants

40 Reports to Minister regarding named person warrants

41 Annual report by Minister about Part 2‑5 warrants

42 Deferral of inclusion of information in Ministerial report—interceptions

43 Annual report to Minister about destruction of records

44 Keeping records relating to stored communications

45 Annual report by Minister about stored communications warrants

46 Retention of authorisations for access to information

47 Annual report to Minister about authorisations for access to information

48 Keeping records relating to authorisations for access to information

49 Notifications to Ombudsman in relation to international production orders

50 Annual report to Minister about international production orders

51 Deferral of inclusion of information in Ministerial report—international production orders

52 Keeping documents associated with international production orders

53 Keeping other records associated with international production orders

54 Destruction of records relating to international production orders

Part 5—ACLEI corruption issues

55 Inspector to give certain persons copy of NACC corruption issue transition notice

56 Providing information in relation to previous investigations of ACLEI corruption issues

57 Actions after completion of investigations of ACLEI corruption issues

58 Dealing with ACLEI corruption issues arising after transition time

Part 6—Handling information

59 Dealing with evidence obtained in investigation or public inquiry

60 Attorney‑General’s certificates about release of information

61 Confidentiality requirements under old Act

Part 7—Reporting

62 Reports on investigations and public inquiries to be laid before each House of Parliament

63 Annual reports for financial year ended before transition time

64 Completion of special reports

Part 8—Matters relating to other agencies

65 Records or disclosure of Immigration and Border Protection information

66 Secrecy under the Australian Crime Commission Act 2002

67 Secrecy under the Australian Federal Police Act 1979

68 Continuation of investigations of corruption issues under the Australian Federal Police Act 1979

69 Consultation on allocation of investigation of corruption issues under the Australian Federal Police Act 1979

70 Complaint to Ombudsman in respect of action taken by ACLEI etc.

71 Disclosure of ACLEI information by Ombudsman

Part 9—Miscellaneous transitional provisions

72 Classes of decisions that are not decisions to which section 13 of the Administrative Decisions (Judicial Review) Act 1977 applies

73 Financial assistance in relation to applications for judicial review

74 Acts and practices for the purposes of the Privacy Act 1988

75 References to the Integrity Commissioner etc. in instruments

Part 1—Preliminary

1 Name

This instrument is the National Anti-Corruption Commission (Consequential and Transitional Provisions) Rules 2023.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument 1 July 2023. 1 July 2023

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022.

4 Definitions

(1) In this instrument:

NACC corruption issue transition notice has the same meaning as in the Transitional Schedule.

new Act has the same meaning as in the Transitional Schedule.

old Act has the same meaning as in the Transitional Schedule.

Transitional Schedule means Schedule 2 to the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022.

transition determination has the same meaning as in the Transitional Schedule.

transition time has the same meaning as in the Transitional Schedule.

(2) Expressions used in this instrument 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 instrument that are defined for the purposes of the old Act, and are used in relation to that Act, have the same meaning as in that Act.

5 Functions and powers under old Act

(1) For the purposes of the operation of the old Act after the transition time, as provided for by this instrument:

(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 Commissioner or the Inspector, as the case requires.

(2) For the purposes of the operation of the old Act after the transition time, as provided for by the Transitional Schedule and this instrument:

(a) an authorised officer within the meaning of the new Act may exercise the powers, and perform the functions and duties, of an authorised officer within the meaning of the old Act; and

(b) a reference in section 141 of the old Act to an identity card is taken to include a reference to an identity card issued under section 268 of the new Act.

6 Regulations under old Act

For the purposes of the operation of the old Act after the transition time, as provided for by the Transitional Schedule and this instrument, the Law Enforcement Integrity Commissioner Regulations 2017 as in force immediately before the transition time (except section 8) continue to apply as if they had not been repealed.

Part 2—Existing investigations and inquiries

7 Notice of making of transition determinations

If the National Anti‑Corruption Commissioner makes a transition determination, the Commissioner may advise any of the following of the making of the determination:

(a) the Minister;

(b) for a determination in relation to an existing investigation of a corruption issue—the person who referred the allegation, or information, that raised the corruption issue (or a representative nominated by the person);

(c) for a determination in relation to an existing investigation of a corruption issue—a person to whom the corruption issue relates.

8 Passing on information relevant to agency investigation

Section 70 of the old Act continues to apply in relation to:

(a) an investigation of a corruption issue to which item 4 of the Transitional Schedule applies; and

(b) an investigation of a corruption issue by the AFP, on a referral by the Integrity Commissioner under subparagraph 26(1)(c)(iii) of the old Act, that had been commenced but had not yet been completed before the transition time.

9 Actions after completion of investigations of corruption issues

Investigations continued after transition time

(1) If an existing investigation is continued under subitem 2(2) of the Transitional Schedule, the following provisions of the old Act apply to reporting on the investigation as if the old Act had not been repealed:

(a) section 51;

(b) Subdivision B of Division 2 of Part 6.

(2) If:

(a) the Integrity Commissioner referred a corruption issue to the AFP for investigation under subparagraph 26(1)(c)(iii) of the old Act; and

(b) the investigation had been commenced but had not yet been completed before the transition time;

Division 3 of Part 7 of the old Act continues to apply in relation to the investigation.

Investigations completed before transition time—investigation by Integrity Commissioner

(3) If item 38 of the Transitional Schedule applies in relation to an investigation of a corruption issue that related to a law enforcement agency, sections 51 and 55 of the old Act continue to apply in relation to the investigation.

(4) If, before the transition time, the Integrity Commissioner completed an investigation of a corruption issue that related to a law enforcement agency, sections 56 and 57 of the old Act continue to apply in relation to the investigation.

(5) If, before the transition time, the Integrity Commissioner:

(a) completed an investigation of a corruption issue; and

(b) had not yet exercised the power in section 58 or 59 of the old Act to advise a person of the outcome of the investigation;

those sections continue to apply in relation to the investigation.

Investigations completed before transition time—investigation by other agencies

(6) If, before the transition time:

(a) a Commonwealth government agency completed an investigation of a corruption issue; and

(b) the head of the agency had not yet caused a report on the investigation to be prepared under subsection 66(1) of the old Act;

then:

(d) a reference in subsection 66(3) or (4) of the old Act to the Integrity Commissioner is taken to be a reference to the National Anti‑Corruption Commissioner.

(7) If, before the transition time, a Commonwealth government agency completed an investigation of a corruption issue, section 67 of the old Act continues to apply in relation to the investigation.

(8) If, before the transition time:

(a) a law enforcement agency or Commonwealth government agency completed an investigation of a corruption issue; and

(b) the head of the agency had not yet exercised the power in section 68 or 69 of the old Act to advise a person of the outcome of the investigation;

those sections continue to apply in relation to the investigation.

Part 3—Facilitating investigations and inquiries

10 Notices to give information or produce documents or things

Notices to which item 9 of Transitional Schedule applies

(1) If subitem 9(3) of the Transitional Schedule applies to a notice because of a transition determination, the National Anti‑Corruption Commissioner must, as soon as practicable after making the transition determination:

(a) give the recipient of the notice a copy of the transition determination; and

(b) advise the recipient of the notice, in writing, of:

(i) the effect of subitem 9(3) of the Transitional Schedule; and

(ii) the person’s rights and obligations under the new Act as a consequence.

Non‑disclosure notations in notices to which item 9 of Transitional Schedule does not apply

(2) If:

(a) a notation was included, under subsection 77A(2) of the old Act, in a notice served on a person under section 75 of that Act; and

(b) item 9 of the Transitional Schedule does not apply to the notice; and

the old Act continues to apply in relation to the notation.

11 Summonses

If subitem 11(3) of the Transitional Schedule applies to a summons because of a transition determination, the National Anti‑Corruption Commissioner must, as soon as practicable after making the transition determination:

(a) give the recipient of the summons a copy of the transition determination; and

(b) advise the recipient of the summons, in writing, of:

(i) the effect of subitem 11(3) of the Transitional Schedule; and

(ii) the person’s rights and obligations under the new Act as a consequence.

12 Directions in relation to confidentiality

If subitem 12(3) of the Transitional Schedule applies to a direction given to a person because of a transition determination, the National Anti‑Corruption Commissioner must, as soon as practicable after making the transition determination:

(a) give the person a copy of the transition determination; and

(b) advise the person, in writing, of the effect of subitem 12(3) of the Transitional Schedule.

13 Disclosure of hearing material and derivative material

Despite the repeal of the old Act, Subdivision EAA of Division 2 of Part 9 of that Act continues to apply to:

(a) hearing material within the meaning of that Act (whether the hearing was held before or after the transition time); and

(b) derivative material within the meaning of that Act.

Part 4—Requirements or permissions etc. under other Acts

Division 1—Crimes Act 1914

14 Cancellation of controlled operation authorities

If:

(a) before the transition time, the authority to conduct a controlled operation was cancelled under section 15GY of the Crimes Act 1914 by a person who was an ACLEI authorising officer (within the meaning of Part 1AB of that Act as in force at the time of the cancellation); and

(b) the cancellation was to take effect at a specified later time that is after the transition time;

the cancellation takes effect at the specified time as if the cancellation order had been given by a NACC authorising officer (within the meaning of Part 1AB of the Crimes Act 1914 as amended by Schedule 1 to the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022).

15 Reports to Minister and Ombudsman in relation to controlled operations

Six‑monthly reports

(1) For the first report that the National Anti‑Corruption Commissioner is required to submit under section 15HM of the Crimes Act 1914, that section applies as if the Commissioner had also been the chief officer of the Australian Commission for Law Enforcement Integrity during the period of 6 months to which the report relates.

Annual reports

(2) For the first report that the National Anti‑Corruption Commissioner is required to submit under section 15HN of the Crimes Act 1914, that section applies as if the Commissioner had also been the chief officer of the Australian Commission for Law Enforcement Integrity during the period of 12 months to which the report relates.

16 Documents connected with controlled operations

Documents and records that, immediately before the transition time, the Integrity Commissioner had caused to be kept in accordance with section 15HP of the Crimes Act 1914 are, from the transition time, taken to be records that the National Anti‑Corruption Commissioner must cause to be kept in accordance with that section.

17 General register for controlled operations

(1) This section applies in relation to the general register (the previous register) that the Integrity Commissioner caused to be kept in accordance with section 15HQ of the Crimes Act 1914.

(2) From the transition time, the contents of the previous register are to be incorporated into the general register that the National Anti‑Corruption Commissioner must cause to be kept under that section.

18 Cancellation of integrity testing authorities

If:

(a) before the transition time, the authority to conduct an integrity testing operation was cancelled under section 15JL of the Crimes Act by any of the following:

(i) the Integrity Commissioner;

(ii) an Assistant Integrity Commissioner;

(iii) an SES employee in the Australian Commission for Law Enforcement Integrity; and

(b) the cancellation was to take effect at a stated later time that is after the transition time;

the cancellation takes effect at the stated time as if the cancellation order had been given by the National Anti‑Corruption Commissioner.

19 Annual report to Law Enforcement Minister for integrity testing operations

For the first report that the National Anti‑Corruption Commissioner is required to submit under section 15JS of the Crimes Act 1914, that section applies as if the Commissioner had also been the chief officer of the Australian Commission for Law Enforcement Integrity during the period of 12 months to which the report relates.

20 Cancellation of assumed identity authorities

If:

(a) before the transition time, the Integrity Commissioner cancelled an authority under section 15KE of the Crimes Act 1914; and

(b) the cancellation was to take effect on a stated day that is the day of the transition time or a later day;

the cancellation takes effect on the stated day as if the authority were cancelled by the National Anti‑Corruption Commissioner.

21 Annual report to Minister about authorities for assumed identities

For the first report that the National Anti‑Corruption Commissioner is required to submit under section 15LD of the Crimes Act 1914, that section applies as if the Commissioner had also been the chief officer of the Australian Commission for Law Enforcement Integrity during the financial year to which the report relates.

22 Record keeping for assumed identities

Records that, immediately before the transition time, were kept by the Integrity Commissioner in accordance with section 15LF of the Crimes Act 1914 are, from the transition time, taken to be records that the National Anti‑Corruption Commissioner must keep in accordance with that section.

23 Annual report to Minister about witness identity protection certificates

For the first report that the National Anti‑Corruption Commissioner is required to submit under section 15MU of the Crimes Act 1914, that section applies as if the Commissioner had also been the chief officer of the Australian Commission for Law Enforcement Integrity during the financial year to which the report relates.

Division 2—Proceeds of Crime Act 2002

24 Responsible custodian

If, immediately before the transition time, the head of the Australian Commission for Law Enforcement Integrity was the responsible custodian of a thing for the purposes of the Proceeds of Crime Act 2002, the head of the National Anti‑Corruption Commission is taken to be the responsible custodian of the thing from the transition time.

25 Authorised officers

If:

(a) before the transition time, a thing was seized under a search warrant issued under section 225 of the Proceeds of Crime Act 2002, or seized under section 251 of that Act; and

(b) the authorised officer responsible for executing the warrant or who seized the thing under section 251 of that Act was an authorised officer by reason of paragraph (aa) of the definition of authorised officer in section 338 of that Act, as in force at the time the thing was seized; and

a reference in sections 256 to 258 of that Act to the authorised officer is taken to include a reference to the National Anti‑Corruption Commissioner.

Division 3—Surveillance Devices Act 2004

26 Reports to Minister on warrants and authorisations

If, before the transition time:

(a) a warrant was issued, or an authorisation was given, under the Surveillance Devices Act 2004 to a law enforcement officer belonging to or seconded to the Australian Commission for Law Enforcement Integrity; and

(b) the warrant or authorisation had ceased to be in force; and

section 49 of that Act applies to the National Anti‑Corruption Commissioner as if the warrant had been issued or authorisation had been given to a law enforcement officer belonging to the National Anti‑Corruption Commission.

27 Notification to Ombudsman in relation to warrants

If, before the transition time:

(a) a warrant was issued under the Surveillance Devices Act 2004 in response to an application by a law enforcement officer of the Australian Commission for Law Enforcement Integrity; and

(b) the warrant had ceased to be in force; and

(c) subsection 49A(1) or (2) or section 49B of that Act (the relevant provision) applied to the Integrity Commissioner in relation to the warrant; and

(d) the Integrity Commissioner had not complied with the relevant provision;

the relevant provision applies to the National Anti‑Corruption Commissioner as if the warrant had been issued in response to an application by a law enforcement officer of the National Anti‑Corruption Commission.

28 Annual report to Minister about warrants

For the first report that the National Anti‑Corruption Commissioner must submit to the Minister under section 50 of the Surveillance Devices Act 2004, that section applies as if the Commissioner had also been the chief officer of the Australian Commission for Law Enforcement Integrity during the financial year to which the report relates.

29 Deferral of inclusion of information in annual report

If information has not been included in a report of the Integrity Commissioner tabled in Parliament under subsection 50(4) of the Surveillance Devices Act 2004 because of subsection 50A(3) of that Act, subsections 50A(4) and (5) of that Act apply after the transition time as if the report had been submitted, and the advice not to include the information mentioned in subsection 50A(2) of that Act had been given, by the National Anti‑Corruption Commissioner.

30 Keeping documents connected with warrants and authorisations

Documents that, before the transition time, the Integrity Commissioner had caused to be kept in accordance with section 51 of the Surveillance Devices Act 2004 are, from the transition time, taken to be documents that the National Anti‑Corruption Commissioner must cause to be kept in accordance with that section.

31 Keeping other records

Records that, before the transition time, the Integrity Commissioner had caused to be kept in accordance with section 52 of the Surveillance Devices Act 2004 are, from the transition time, taken to be records that the National Anti‑Corruption Commissioner must cause to be kept in accordance with that section.

32 Register of warrants and authorisations

(1) This section applies in relation to the register (the previous register) that the Integrity Commissioner caused to be kept in accordance with section 53 of the Surveillance Devices Act 2004.

(2) From the transition time, the contents of the previous register are to be incorporated into the register that the National Anti‑Corruption Commissioner must cause to be kept under that section.

33 Evidentiary certificates

For the purposes of an appropriate authorising officer of the National Anti‑Corruption Commission issuing a written certificate under section 62 of the Surveillance Devices Act 2004, a person who was a law enforcement officer of the Australian Commission for Law Enforcement Integrity is taken to have been a law enforcement officer of the National Anti‑Corruption Commission.

Division 4—Telecommunications (Interception and Access) Act 1979

34 Notifications to Ombudsman in relation to Part 5.3 warrants

If, before the transition time:

(a) a Part 5.3 warrant, within the meaning of the Telecommunications (Interception and Access) Act 1979, was issued in response to an application by the Australian Commission for Law Enforcement Integrity; and

(b) the warrant had ceased to be in force; and

(c) subsection 59B(1) or (2) of that Act (the relevant provision) applied to the Integrity Commissioner in relation to the warrant; and

(d) the Integrity Commissioner had not complied with the relevant provision;

the relevant provision applies to the National Anti‑Corruption Commissioner as if the warrant had been issued in response to an application by the National Anti‑Corruption Commission.

35 Evidentiary certificates

For the purposes of a certifying officer of the National Anti‑Corruption Commission issuing a written certificate under subsection 61(4) of the Telecommunications (Interception and Access) Act 1979, a person who was an officer or staff member of the Australian Commission for Law Enforcement Integrity is taken to have been an officer or staff member of the National Anti‑Corruption Commission.

36 Dealing with intercepted information

(1) For the purposes of section 67 of the Telecommunications (Interception and Access) Act 1979, a warrant that was issued to the Australian Commission for Law Enforcement Integrity is taken to have been issued to the National Anti‑Corruption Commission.

(2) For the purposes of sections 67 and 68 of the Telecommunications (Interception and Access) Act 1979, information that:

(a) is lawfully intercepted information or interception warrant information that was obtained by the Australian Commission for Law Enforcement Integrity; and

(b) was transferred to the National Anti‑Corruption Commissioner after the transition time under item 51 of the Transitional Schedule;

is taken to have been obtained by the National Anti‑Corruption Commission.

37 Keeping documents connected with issue of warrants

Documents that, immediately before the transition time, were kept in the records of the Australian Commission for Law Enforcement Integrity in accordance with section 80 of the Telecommunications (Interception and Access) Act 1979 are, from the transition time, taken to be documents that the National Anti‑Corruption Commissioner must cause to be kept in the records of the National Anti‑Corruption Commission in accordance with that section.

38 Keeping other records in connection with interceptions

Records that, immediately before the transition time, were kept in the records of the Australian Commission for Law Enforcement Integrity in accordance with subsection 81(3) of the Telecommunications (Interception and Access) Act 1979 are, from the transition time, taken to be records that the National Anti‑Corruption Commissioner must cause to be kept in the records of the National Anti‑Corruption Commission in accordance with that subsection.

39 Reports to Minister regarding telecommunications service warrants

If, before the transition time:

(a) a telecommunications service warrant, within the meaning of the Telecommunications (Interception and Access) Act 1979, was issued to the Australian Commission for Law Enforcement Integrity; and

(b) the warrant had ceased to be in force; and

subsection 94(2) of that Act applies to the National Anti‑Corruption Commissioner as if the warrant had been issued to the National Anti‑Corruption Commission.

40 Reports to Minister regarding named person warrants

If, before the transition time:

(a) a named person warrant, within the meaning of the Telecommunications (Interception and Access) Act 1979, was issued to the Australian Commission for Law Enforcement Integrity; and

(b) the warrant had ceased to be in force; and

section 94B of that Act applies to the National Anti‑Corruption Commissioner as if the warrant had been issued to the National Anti‑Corruption Commission.

41 Annual report by Minister about Part 2‑5 warrants

For the first report that the Minister must cause to be prepared after the transition time in accordance with Division 2 of Part 2‑8 of the Telecommunications (Interception and Access) Act 1979, after the transition time, that Division applies as if the Australian Commission for Law Enforcement Integrity continued to be a Commonwealth agency.

42 Deferral of inclusion of information in Ministerial report—interceptions

If:

(a) information has not been included in a Ministerial report prepared under Division 2 of Part 2‑8 of the Telecommunications (Interception and Access) Act 1979 because of subsection 103B(3) of that Act; and

(b) advice about the information was given, before the transition time, by the Integrity Commissioner under subsection 103B(2) of that Act;

subsections 103B(4) and (5) of that Act apply after the transition time as if the advice had been given by the National Anti‑Corruption Commissioner.

43 Annual report to Minister about destruction of records

For the first report that the National Anti‑Corruption Commissioner is required to give the Minister under subsection 150(2) of Telecommunications (Interception and Access) Act 1979, the report must also set out the extent to which information and records in the possession of the Australian Commission for Law Enforcement Integrity were destroyed in accordance with subsection 150(1) of that Act.

44 Keeping records relating to stored communications

Records that, immediately before the transition time, were kept in the records of the Australian Commission for Law Enforcement Integrity in accordance with section 151 of the Telecommunications (Interception and Access) Act 1979 are, from the transition time, taken to be records that the National Anti‑Corruption Commissioner must cause to be kept in the records of the National Anti‑Corruption Commission in accordance with that section.

45 Annual report by Minister about stored communications warrants

For the first report that the Minister must cause to be prepared after the transition time that the Minister in accordance with Division 2 of Part 3‑6 of the Telecommunications (Interception and Access) Act 1979, that Division applies as if the Australian Commission for Law Enforcement Integrity continued to be a criminal law‑enforcement agency.

46 Retention of authorisations for access to information

Authorisations that, immediately before the transition time, were retained by the Integrity Commissioner in accordance with subsection 185(1) of the Telecommunications (Interception and Access) Act 1979 are, from the transition time, taken to be authorisations that the National Anti‑Corruption Commissioner must retain in accordance with that subsection.

47 Annual report to Minister about authorisations for access to information

For the first report that the National Anti‑Corruption Commissioner is required to give the Minister under section 186 of the Telecommunications (Interception and Access) Act 1979, that section applies as if the Commissioner had also been the head of the Australian Commission for Law Enforcement Integrity during the year ending on 30 June to which the report relates.

48 Keeping records relating to authorisations for access to information

Records that, immediately before the transition time, were kept in the records of the Australian Commission for Law Enforcement Integrity in accordance with section 186A of the Telecommunications (Interception and Access) Act 1979 are, from the transition time, taken to be records that National Anti‑Corruption Commissioner must cause to be kept in the records of the National Anti‑Corruption Commission in accordance with that section.

49 Notifications to Ombudsman in relation to international production orders

If, before the transition time:

(a) an international production order, within the meaning of Schedule 1 to the Telecommunications (Interception and Access) Act 1979, was issued in response to application by the Australian Commission for Law Enforcement Integrity; and

(b) the order had ceased to be in force; and

(c) subclause 81(1) or (2) of Schedule 1 to that Act (the relevant provision) applied to Integrity Commissioner in relation to the warrant; and

(d) the Integrity Commissioner had not complied with the relevant provision;

the relevant provision applies to the National Anti‑Corruption Commissioner as if the warrant had been issued in response to an application by the National Anti‑Corruption Commission.

50 Annual report to Minister about international production orders

For the first report that the National Anti‑Corruption Commissioner is required to give the Minister under clause 128 of Schedule 1 to the Telecommunications (Interception and Access) Act 1979, that clause applies as if the Commissioner had also been the chief officer of the Australian Commission for Law Enforcement Integrity during the financial year to which the report relates.

51 Deferral of inclusion of information in Ministerial report—international production orders

If:

(a) information has not been included in a Ministerial report prepared under clause 131 of Schedule 1 to the Telecommunications (Interception and Access) Act 1979 because of subclause 132(3) of Schedule 1 to that Act; and

(b) advice about the information was given, before the transition time, by the Integrity Commissioner under subclause 132(2) of Schedule 1 to that Act;

subclauses 132(4) and (5) of Schedule 1 to that Act apply after the transition time as if the advice had been given by the National Anti‑Corruption Commissioner.

52 Keeping documents associated with international production orders

Documents that, immediately before the transition time, were kept in the records of the Australian Commission for Law Enforcement Integrity in accordance with clause 133 of Schedule 1 to the Telecommunications (Interception and Access) Act 1979 are, from the transition time, taken to be documents that the National Anti‑Corruption Commissioner must cause to be kept in the records of the National Anti‑Corruption Commission in accordance with that clause.

53 Keeping other records associated with international production orders

Records that, immediately before the transition time, were kept in the records of the Australian Commission for Law Enforcement Integrity in accordance with clause 134 of Schedule 1 to the Telecommunications (Interception and Access) Act 1979 are, from the transition time, taken to be records that the National Anti‑Corruption Commissioner must cause to be kept in the records of the National Anti‑Corruption Commission in accordance with that clause.

54 Destruction of records relating to international production orders

For the purposes of the application of clause 140 of Schedule 1 to the Telecommunications (Interception and Access) Act 1979 to records or copies mentioned in that clause that are in the possession of the National Anti‑Corruption Commission after the transition time:

(a) a reference in paragraph (1)(a) or (3)(a) of that clause to an application made by a relevant agency is taken to include a reference to an application made by the Australian Commission for Law Enforcement Integrity; and

(b) records or copies that were made available to the Australian Commission for Law Enforcement Integrity are taken to have been made available to the National Anti‑Corruption Commission.

Part 5—ACLEI corruption issues

55 Inspector to give certain persons copy of NACC corruption issue transition notice

(1) This section applies if the Inspector issues a NACC corruption issue transition notice.

(2) The Inspector must, as soon as reasonably practicable, give a copy of the NACC corruption issue transition notice to the Minister.

(3) If:

(a) the NACC corruption issue transition notice relates to an investigation or special investigation of an ACLEI corruption issue that was raised by an allegation or information referred to the Minister by a person under section 154 of the old Act; and

(b) the person elected under section 155 of the old Act to be kept informed of the action taken in relation to the ACLEI corruption issue raised by the allegation or information, and has not revoked the election;

the Inspector must, as soon as reasonably practicable, give a copy of the NACC corruption issue transition notice to the person.

56 Providing information in relation to previous investigations of ACLEI corruption issues

(1) If the Inspector gives a copy of a NACC corruption issue transition notice to the National Anti‑Corruption Commissioner in relation to an investigation of an ACLEI corruption issue, the National Anti‑Corruption Commissioner must give the Inspector all information relevant to the ACLEI corruption issue that is in the Commissioner’s possession or control.

(2) If the Inspector gives a copy of a NACC corruption issue transition notice to a special investigator in relation to a special investigation of an ACLEI corruption issue, the special investigator must give the Inspector all information relevant to the ACLEI corruption issue that is in the special investigator’s possession or control.

57 Actions after completion of investigations of ACLEI corruption issues

Investigations continued after transition time

(1) If an investigation of an ACLEI corruption issue is continued under subitem 36(2) of the Transitional Schedule, the following provisions of the old Act apply to reporting on the investigation:

(a) section 51 as applied by section 160;

(b) sections 162 to 165.

(2) If a special investigation of an ACLEI corruption issue is continued under subitem 36(3) of the Transitional Schedule, the following provisions of the old Act apply to reporting on the investigation:

(a) section 51 as applied by section 167;

(b) sections 169 to 173, as if the references to the Integrity Commissioner included a reference to the National Anti‑Corruption Commissioner.

Investigations completed before transition time—investigation by Integrity Commissioner

(3) If, before the transition time, the Integrity Commissioner:

(a) completed an investigation of an ACLEI corruption issue; and

(b) had not yet prepared a report on the investigation under subsection 162(1) of the old Act;

the following provisions of the old Act continue to apply in relation to the investigation:

(d) sections 162 and 163.

(4) If, before the transition time, the Integrity Commissioner:

(a) completed an investigation of an ACLEI corruption issue; and

(b) had not yet given the advice (if any) required by section 164 of the old Act;

that section continues to apply in relation to the investigation.

(5) If, before the transition time, the Integrity Commissioner;

(a) completed an investigation of an ACLEI corruption issue; and

(b) had not yet exercised the power in section 165 of the old Act to advise a person of the outcome of the investigation;

that section continues to apply in relation to the investigation.

Investigations completed before transition time—special investigations

(6) If, before the transition time, a special investigator:

(a) completed a special investigation of an ACLEI corruption issue; and

(b) had not yet prepared a report on the investigation under subsection 169(1) of the old Act;

the following provisions of the old Act continue to apply in relation to the investigation:

(d) sections 169 to 171.

(7) If, before the transition time, a special investigator:

(a) completed a special investigation of an ACLEI corruption issue; and

(b) had not yet given the advice (if any) required by section 172 of the old Act;

that section continues to apply in relation to the investigation.

(8) If, before the transition time, a special investigator:

(a) completed a special investigation of an ACLEI corruption issue; and

(b) had not yet exercised the power in section 173 of the old Act to advise a person of the outcome of the investigation;

that section continues to apply in relation to the investigation.

58 Dealing with ACLEI corruption issues arising after transition time

(1) This section applies in relation to an ACLEI corruption issue that relates to conduct engaged in before the transition time, if:

(a) the ACLEI corruption issue is not a NACC corruption issue; and

(b) before the transition time, the Minister:

(i) was not aware of the ACLEI corruption issue; or

(ii) had not made a decision in relation to the ACLEI corruption issue under subsection 156(2) of the old Act.

(2) The following provisions of the old Act apply in relation to the ACLEI corruption issue as if the old Act had not been repealed:

(a) sections 154, 155, 157 and 158;

(b) Divisions 3 and 4 of Part 12.

(3) Section 156 of the old Act applies in relation to the ACLEI corruption issue as if:

(a) the old Act had not been repealed; and

(b) a reference to the Integrity Commissioner included a reference to the National Anti‑Corruption Commissioner.

Part 6—Handling information

59 Dealing with evidence obtained in investigation or public inquiry

Evidence obtained in investigation or public inquiry continued after transition time

(1) Part 10 of the old Act applies to evidence obtained in an existing investigation or existing inquiry continued under subitem 2(2) of the Transitional Schedule, as if the old Act had not been repealed.

Evidence obtained in investigation or public inquiry completed before transition time

(2) If, before the transition time:

(a) the Integrity Commissioner obtained evidence to which Part 10 of the old Act applied; and

(b) the investigation or public inquiry in which the evidence was obtained was completed; and

Part 10 of the old Act continues to apply to the evidence.

60 Attorney‑General’s certificates about release of information

For the purposes of the operation of the old Act after the transition time as provided for by the Transitional Schedule and this instrument, Part 11 of the old Act continues to apply as if the old Act had not been repealed.

61 Confidentiality requirements under old Act

For the purposes of the operation of the old Act after the transition time as provided for by the Transitional Schedule and this instrument, Division 5 of Part 13 of the old Act continues to apply as if the old Act had not been repealed.

Part 7—Reporting

62 Reports on investigations and public inquiries to be laid before each House of Parliament

Despite the repeal of the old Act, section 203 of that Act continues to apply in relation to a report on an investigation or public inquiry conducted under that Act.

63 Annual reports for financial year ended before transition time

If the National Anti‑Corruption Commissioner prepares an annual report under subitem 40(2) of the Transitional Schedule, section 202 of the old Act applies in relation to the annual report as if the old Act had not been repealed.

64 Completion of special reports

If the National Anti‑Corruption Commissioner completes a special report under subitem 42(2) of the Transitional Schedule:

(a) the Minister must cause the special report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister; and

(b) section 205 of the old Act applies in relation to the special report as if the old Act had not been repealed.

Part 8—Matters relating to other agencies

65 Records or disclosure of Immigration and Border Protection information

Despite the amendment of section 43 of the Australian Border Force Act 2015 (the ABF Act) by Schedule 1 to the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022, after the transition time an entrusted person (within the meaning of the ABF Act) may make a record of, or disclose, Immigration and Border Protection information (within the meaning for the ABF Act) for the purposes of the operation of the old Act (and regulations under the old Act) as provided for by the Transitional Schedule and this instrument.

66 Secrecy under the Australian Crime Commission Act 2002

Despite the amendment of the definition of relevant Act in subsection 51(4) of the Australian Crime Commission Act 2002 by Schedule 1 to the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022, after the transition time that definition is taken to include a reference to the old Act and regulations under the old Act, as continued in operation by the Transitional Schedule and this instrument.

67 Secrecy under the Australian Federal Police Act 1979

Despite the amendment of section 60A of the Australian Federal Police Act 1979 by Schedule 1 to the National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022, after the transition time a person to whom that section applies may make a record of any prescribed information, or divulge or communicate any prescribed information to any other person, for the purposes of the operation of the old Act (and regulations under the old Act) as provided for by the Transitional Schedule and this instrument.

68 Continuation of investigations of corruption issues under the Australian Federal Police Act 1979

If an investigation of a corruption issue under Division 3 of Part V of the Australian Federal Police Act 1979 has been commenced but is not yet completed at the transition time, the investigator for that issue (within the meaning of that Act) may continue to conduct the investigation as if the meanings of the following terms in that Act before the transition time continued to apply:

(a) corrupt conduct;

(b) corruption issue;

69 Consultation on allocation of investigation of corruption issues under the Australian Federal Police Act 1979

If:

(a) the investigation of a corruption issue under Division 3 of Part V of the Australian Federal Police Act 1979 had not commenced before the transition time; and

(b) the Commissioner of Police had consulted with the Integrity Commissioner before the transition time in accordance with subsection 40TO(7) of that Act (as in force before the transition time);

the Commissioner of Police is taken, after the transition time, to have consulted with the National Anti‑Corruption Commissioner.

70 Complaint to Ombudsman in respect of action taken by ACLEI etc.

(1) This section applies in relation to a complaint made to the Ombudsman with respect to action taken by:

(a) the Australian Commission for Law Enforcement Integrity; or

(b) the Integrity Commissioner; or

(2) After the transition time, the Ombudsman may deal with the complaint under the Ombudsman Act 1976 as if the Commission, Integrity Commissioner or Assistant Integrity Commissioner continued to be a prescribed authority.

(3) A reference in the Ombudsman Act 1976 to the prescribed authority to which the complaint or the investigation of the complaint relates is taken to include a reference to the National Anti‑Corruption Commissioner.

71 Disclosure of ACLEI information by Ombudsman

Section 35C of the Ombudsman Act 1976, as in force immediately before the transition time, continues to apply in relation to a certificate given to the Ombudsman in accordance with that section.

Part 9—Miscellaneous transitional provisions

72 Classes of decisions that are not decisions to which section 13 of the Administrative Decisions (Judicial Review) Act 1977 applies

Despite the repeal of paragraph (eaa) of Schedule 2 to the Administrative Decisions (Judicial Review) Act 1977, that paragraph applies in relation to decisions under the old Act in connection with a corruption investigation or public inquiry (within the meaning of that Act) as continued under the Transitional Schedule.

73 Financial assistance in relation to applications for judicial review

After the transition time, a person may apply for financial assistance, in accordance with regulations made for the purposes of subparagraph 280(2)(a)(ii) of the new Act, in respect of an application, or proposed 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 (as if it were a matter arising under the new Act).

74 Acts and practices for the purposes of the Privacy Act 1988

Despite the repeal and substitution of paragraph 7(1)(ga) of the Privacy Act 1988, after the transition time a reference in that Act to an act or to a practice does not include a reference to an act done, or a practice engaged in, in relation to a record that originated with, or was received from, the Integrity Commissioner or a staff member of ACLEI (within the meaning of the old Act).

75 References to the Integrity Commissioner etc. in instruments

(1) For the purposes of subitem 53(3) of the Transitional Schedule, subitem 53(2) of that Schedule does not apply to the following instruments:

(a) the Australian Commission for Law Enforcement Integrity Enterprise Agreement 2017‑2020;

(b) the Australian Commission for Law Enforcement Integrity Enterprise Agreement Determination 2020/1.

(2) The Australian Commission for Law Enforcement Integrity Enterprise Agreement 2017‑2020 has effect, after the transition time, as if:

(a) a reference in the instrument to the Integrity Commissioner were a reference to the Chief Executive Officer of the National Anti‑Corruption Commission; and

(b) a reference in the instrument to the Australian Commission for Law Enforcement Integrity or the ACLEI were a reference to the National Anti‑Corruption Commission;

except to the extent that those references relate to the making or signing of the instrument.

(3) The Australian Commission for Law Enforcement Integrity Enterprise Agreement Determination 2020/1 has effect, after the transition time, as if a reference in the instrument to the Australian Commission for Law Enforcement Integrity were a reference to the National Anti‑Corruption Commission.