35Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012

35 Transitional provisions—Integrity and Accountability Legislation Amendment Act 2012 (1) Subject to this section, this Act, as in force immediately before the commencement day, continues to apply on and after the commencement day to— (a) a complaint made before the commencement day under section 14; (b) an investigation begun before the commencement day under section 14(1) on the Ombudsman's own motion; (c) a matter referred to the Ombudsman before the commencement day under section 16 for investigation and report; (d) a review begun before the commencement day under section 13(2AB). (2) Section 18, as amended by section 233 of the amending Act, applies to a witness summons issued on or after the commencement day, including a witness summons issued in relation to a complaint, investigation, matter or review referred to in subsection (1). (3) Sections 18A and 18B apply in relation to a witness summons issued on or after the commencement day, including a witness summons issued in relation to a complaint, investigation, matter or review referred to in subsection (1). (4) A summons issued by the Ombudsman under section 17 of the **Evidence (Miscellaneous Provisions) Act 1958** to a person who is under the age of 16 years that was in force immediately before the commencement day ceases to have any force or effect on and from that day. (5) Section 18C applies on and after the commencement day including in relation to a complaint, investigation, matter or review referred to in subsection (1). However, section 18C(3) applies only in relation to— (a) a witness summons issued on or after the commencement day; or (b) a compulsory appearance on or after that day; or (c) a proposed report, or draft or part of a proposed report, under this Act received by a person on or after that day. (6) Sections 18D, 18E, 18F and 18G apply to a compulsory appearance or voluntary appearance (as the case requires) on or after the commencement day, including a compulsory or voluntary appearance in relation to a complaint, investigation, matter or review referred to in subsection (1). (7) Section 24, as amended by section 240 of the amending Act, applies on and after the commencement day including in relation to a complaint referred to in subsection (1)(a). (8) Section 25A applies to a report made on or after the commencement day, including a report made in relation to a complaint, investigation, matter or review referred to in subsection (1). (9) Section 25B applies to a person who receives a proposed report, or a draft or part of a proposed report or information contained in a proposed report or draft or part of a proposed report, on or after the commencement day, including a proposed report, or a draft or part of a proposed report or information contained in a proposed report or draft or part of a proposed report, in relation to a complaint, investigation, matter or review referred to in subsection (1). (10) Part VA, as inserted by section 244 of the amending Act, applies to information acquired on or after the commencement day, including information acquired on or after the commencement day in relation to a complaint, investigation, matter or review referred to in subsection (1). (11) Section 20(5), as inserted by section 235(3) of the amending Act, applies on and after the commencement day in relation to a complaint, investigation, matter or review referred to in subsection (1). (12) For a complaint, investigation or matter referred to in subsection (1) that involves administrative action taken by the Director, Police Integrity or by or in the Office of Police Integrity, this Act applies on or after the commencement day as if— (a) a reference to the relevant authority were a reference to the IBAC; and (b) a reference to the principal officer were a reference to the Commissioner within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**; and (c) a reference to the responsible Minister were a reference to the Minister administering the **Independent Broad-based Anti-corruption Commission Act 2011**. S. 35(13) amended by No. 82/2012 s. 313(g). (13) The Ombudsman must give the IBAC any document, information or other thing in the Ombudsman's possession that is reasonably required by the IBAC for the performance of functions under Part 8 of the **Independent Broad‑based Anti-corruption Commission Act 2011**. (14) The Ombudsman may make and retain a copy of any document, information or other thing given to the IBAC under subsection (13) if it is necessary to do so for the performance of the Ombudsman's functions or duties or the exercise of the Ombudsman's powers under this or any other Act. (15) In this section— ***amending Act*** means the **Integrity and Accountability Legislation Amendment Act 2012**; ***commencement day*** means the day on which Division 1 of Part 7 of the amending Act comes into operation. S. 36 inserted by No. 2/2019 s. 172. 36 Transitional provisions—Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 (1) In this section— ***2019 Act*** means the **Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019**; ***commencement day*** means the day on which Part 4 of the 2019 Act comes into operation. (2) Part IIIAC as inserted by section 153 of the 2019 Act, applies on and after the commencement day to— (a) an enquiry under section 13A begun before the commencement day; or (b) an investigation under section 15B begun before the commencement day. (3) Despite the substitution of section 18 by section 163 of the 2019 Act, a summons issued to a person by the Ombudsman under section 17 of the **Evidence (Miscellaneous Provisions) Act 1958** that was in force immediately before the commencement day, continues to have effect on and from that day until the person complies with the summons or the summons is varied or revoked under section 18B as substituted by section 163 of the 2019 Act. (4) Sections 18 and 18A to 18S, as substituted by section 163 of the 2019 Act, apply on and after the commencement day to— (a) an investigation begun before the commencement day under section 15B; or (b) a witness summons issued by the Ombudsman on or after the commencement day. (5) Section 13A(4), as inserted by section 152 of the 2019 Act, and sections 18O and 18P, as inserted by section 163 of the 2019 Act, apply on and after the commencement day to— (a) an enquiry under section 13A begun before the commencement day; or (b) an investigation under section 15B begun before the commencement day. (6) Despite the repeal of section 19 of the **Evidence (Miscellaneous Provisions) Act 1958** by item 16.2 of Schedule 2 to the **Inquiries Act 2014**, section 29B(b) of this Act, as in force immediately before the commencement day, continues to apply to any legal proceeding in relation to an offence under section 19 of the **Evidence (Miscellaneous Provisions) Act 1958** that had commenced before the commencement day. S. 37 inserted by No. 11/2021 s. 163, repealed by No. 8414/1973 s. 37(4), new s. 37 inserted by No. 31/2024 s. 96. 37 Transitional provisions—Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 (1) The amendments to sections 18F, 18M and 18P by sections 89, 90 and 91 of the **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024** apply to any voluntary appearance occurring on and after the commencement of those amendments, whether the investigation to which the appearance relates commenced before, on or after the commencement of those amendments. (2) The definition of ***compulsory appearance***, as substituted by section 80(1) of the **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024**, applies to any compulsory appearance occurring on and after the substitution of that definition by that section, whether the investigation to which the compulsory appearance relates commenced before, on or after that substitution. Schs (Heading) inserted by No. 82/2012 s. 251. Schedules Sch. amended by Nos 35/1989 s. 22, 29/2006 s. 3(Sch. 1 item 25) substituted as Sch. 1 by No. 82/2012 s. 251, amended by Nos 35/2014 s. 62, 67/2013 s. 649(Sch. 9 item 26), 60/2014 s. 140(Sch. 3 item 33.2), 17/2014 s. 160(Sch. 2 item 66.1), 30/2016 s. 70(7)(a), 20/2017 s. 134(Sch. 1 item 13.5), 63/2017 s. 21(Sch. 1 items 6.1, 6.2), 38/2018 s. 291(1), 2/2019 s. 173, 9/2020 s. 390(Sch. 1 item 75.5), 26/2022 s. 57, 34/2023 s. 127(Sch. 1 item 8.1), 11/2026 s. 97.