7Parliamentary privilege preserved

7 Parliamentary privilege preserved

This Act does not affect the law relating to the privileges of any Australian Parliament or any House of any Australian Parliament.

Part 2—Referrals to the Commission

Division 1—Making referrals

8 Referral of parliamentary misconduct

(1) Any person or body may refer to the Commission an allegation that, on or after the commencement of this section, a current or former Member, Minister or Parliamentary Secretary has engaged in parliamentary misconduct.

(2) Without limiting subsection (1)—

(a) a current or former Member, Minister or Parliamentary Secretary may refer an allegation that they have engaged in parliamentary misconduct; and

(b) the Clerk of the Parliaments may refer an allegation that a current or former Member has engaged in parliamentary misconduct constituted by a wilful, repeated or deliberate contravention of Part 4 of the Members of Parliament (Standards) Act 1978; and

(c) the presiding officer of a House may refer an allegation that a current or former Member has engaged in parliamentary misconduct; and

(d) a law enforcement agency or integrity body may refer an allegation that a current or former Member, Minister or Parliamentary Secretary has engaged in parliamentary misconduct.

(3) A referral must be made within 12 months of the person or body becoming aware of the alleged conduct.

(4) Despite subsection (3), the Commission may accept a referral made more than 12 months after the person or body became aware of the alleged conduct if the referral is accompanied by an explanation for the delay that the Commission considers satisfactory.

(5) A referral may be made anonymously.