48Integrity tests

48 Integrity tests

(1)  The Commissioner may conduct, or require an authorised person to conduct, a test of the integrity of a police officer if there are reasonable grounds to suspect that the police officer has engaged in, or is engaging in, or is likely to engage in, conduct that –

(a) may constitute an indictable offence or any other offence punishable by imprisonment; or

(b) is corrupt or seriously unethical.

(2)  An integrity test may only involve an act or omission that, but for subsection (3) , would be unlawful if –

(a) it is reasonably necessary for the conduct of the integrity test; and

(b) it is authorised by a magistrate.

(3)  Despite any other Act or law to the contrary and subject to subsection (2) , any act done or omission made in conducting an integrity test is lawful.

(4)  The Commissioner may issue a certificate stating that on a specified date or during a specified period a specified person was authorised to conduct or participate in an integrity test involving a specified act or specified omission.

(5)  An authorisation under subsection (2) or a certificate issued under subsection (4)  –

(a) is admissible in any legal proceedings; and

(b) is evidence of the matters specified in the authorisation or certificate.