QueenslandCrimeandCorruptionAct2001Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposed
amendments to the Act included in the Crime and Corruption
andOther Legislation Amendment Bill 2018. This
indicative reprint has beenprepared for information only—it is
not an authorised reprint of the Act.The
point-in-time date for this indicative reprint is the introduction
date forthe Crime and Corruption and Other
Legislation Amendment Bill 2018—15February
2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 1 Preliminary[s
1]Crime and Corruption Act 2001AnActtoprovidefortheestablishmentandoperationofaCrime and Corruption Commission, and a
Parliamentary Crimeand Corruption Committee, and for other
purposesChapter 1PreliminaryPart 1Introduction1Short
titleThis Act may be cited as theCrime and Corruption Act 2001.2CommencementThis Act
commences on a day to be fixed by proclamation.3Act
binds all persons(1)This Act binds all persons, including
the State, and, so far asthelegislativepoweroftheParliamentpermits,theCommonwealth and the other
States.(2)Subsection (1) does not make the
State, the Commonwealth oranother State liable to be prosecuted
for an offence.Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 1 Preliminary[s 4]Part
2Purpose4Act’s
purposes(1)The main purposes of this Act
are—(a)to combat and reduce the incidence of
major crime; and(b)to continuously improve the integrity
of, and to reducethe incidence of corruption in, the public
sector.(2)The Act also has as the purpose to
facilitate the commission’sinvolvement in a
confiscation related investigation.5How
Act’s purposes are to be achieved(1)TheAct’spurposesaretobeachievedprimarilybyestablishing a permanent commission to
be called the Crimeand Corruption Commission.(2)Thecommissionistohaveinvestigativepowers,notordinarily available to the police
service, that will enable thecommissiontoeffectivelyinvestigatemajorcrimeandcriminal organisations and their
participants.(3)Also, the commission is to—(a)investigate cases of corrupt conduct,
particularly moreserious cases of corrupt conduct; and(b)helpunitsofpublicadministrationtodealeffectivelyandappropriatelywithcorruptionbyincreasingtheircapacity to do so.(4)Further,thecommissionhasparticularpowersforconfiscationrelatedinvestigationsforsupportingitsroleunder the
Confiscation Act.Page 26Current as at
[Not applicable]
Part
3OverviewCrime and
Corruption Act 2001Chapter 1 Preliminary[s 6]Notauthorised—indicativeonly6Purpose of pt 3Thepurposeofthispartistobrieflyoutlinetheresponsibilities of relevant entities under
this Act.7Crime and Corruption CommissionTheCrimeandCorruptionCommissionhasprimaryresponsibility
for the achievement of the Act’s purposes.8Crime
Reference CommitteeThe Crime Reference Committee—(a)has responsibility for—(i)referringmajorcrimetothecommissionforinvestigation; and(ii)authorisingthecommissiontoundertakespecificintelligence operations; and(b)hasacoordinatingroleforinvestigationsintomajorcrime conducted
by the commission in cooperation withany other law
enforcement agency.9Parliamentary Crime and Corruption
CommitteeTheParliamentaryCrimeandCorruptionCommitteeisastandingcommitteeoftheLegislativeAssemblywithparticularresponsibilityformonitoringandreviewingthecommission’s performance.10Parliamentary Crime and Corruption
CommissionerThe Parliamentary Crime and Corruption
Commissioner is anofficer of the Parliament who helps the
Parliamentary CrimeandCorruptionCommitteeintheperformanceofitsfunctions.Current as at
[Not applicable]Page 27
Crime
and Corruption Act 2001Chapter 1 Preliminary[s
11]11Public Interest MonitorThe
Public Interest Monitor has a right of appearance before acourthearinganapplicationbythecommissionforasurveillance warrant or covert search
warrant and is entitled totest the appropriateness and validity
of the application beforethe court.Notauthorised—indicativeonlyPart 4InterpretationDivision 1Definitions12DefinitionsThe dictionary
in schedule 2 defines particular words used inthis Act.Division 2Corrupt
conduct13Purpose of div 2This division
provides for the meaning of corrupt conduct forthis Act.Note—Undersection 35(3),thecommission,inperformingitscorruptionfunction under
section 33(1)(b), must focus on more serious cases ofcorrupt conduct and cases of systemic
corrupt conduct within a unit ofpublic
administration.14Definitions for div 2In
this division—appointmentmeansappointmentinaunitofpublicadministration.conductincludes—Page 28Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 1 Preliminary[s
15](a)neglect, failure and inaction;
and(b)conspiracy to engage in conduct;
and(c)attempt to engage in conduct.Notauthorised—indicativeonly15Meaning ofcorrupt
conduct(1)Corruptconductmeansconductofaperson,regardlessofwhether the person holds or held an
appointment, that—(a)adversely affects, or could adversely
affect, directly orindirectly, the performance of functions or
the exerciseof powers of—(i)a
unit of public administration; or(ii)a
person holding an appointment; and(b)results,orcouldresult,directlyorindirectly,intheperformanceoffunctionsortheexerciseofpowersmentioned in
paragraph (a) in a way that—(i)is
not honest or is not impartial; or(ii)involvesabreachofthetrustplacedinapersonholdinganappointment,eitherknowinglyorrecklessly; or(iii)involvesamisuseofinformationormaterialacquired in or
in connection with the performanceof functions or
the exercise of powers of a personholding an
appointment; and(c)would, if proved, be—(i)a criminal offence; or(ii)a disciplinary
breach providing reasonable groundsfor terminating
the person’s services, if the personis or were the
holder of an appointment.(2)Corrupt
conductalso means conduct of a person,
regardlessof whether the person holds or held an
appointment, that—(a)impairs,orcouldimpair,publicconfidenceinpublicadministration;
andCurrent as at [Not applicable]Page
29
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 1 Preliminary[s 16](b)involves, or could involve, any of the
following—(i)collusive tendering;(ii)fraudrelatingtoanapplicationforalicence,permitorotherauthorityunderanActwithapurpose or object of any of the following
(howeverdescribed)—(A)protecting health or safety of
persons;(B)protecting the environment;(C)protecting or managing the use of the
State’snatural,cultural,miningorenergyresources;(iii)dishonestlyobtaining,orhelpingsomeonetodishonestly obtain, a benefit from the
payment orapplicationofpublicfundsorthedispositionofState assets;(iv)evadingaStatetax,levyordutyorotherwisefraudulently
causing a loss of State revenue;(v)fraudulentlyobtainingorretaininganappointment; and(c)would, if proved, be—(i)a
criminal offence; or(ii)adisciplinarybreachprovidingreasonablegroundsforterminatingtheperson’sservices,ifthe person is or were the holder of an
appointment.16Conduct happening over time, or at any
time, may becorrupt conduct(1)Conduct may be corrupt conduct even
though—(a)it happened before the relevant
commencement; or(b)someoralloftheeffectsorelementsnecessarytoconstitute corrupt conduct happened
before the relevantcommencement; orPage 30Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 1 Preliminary[s
17](c)a person involved in the conduct is no
longer the holderof an appointment.(2)Conduct engaged in by, or in relation to, a
person at a timewhen the person is not the holder of an
appointment may becorruptconduct,ifthepersonbecomestheholderofanappointment.(3)In
this section—relevant commencementmeans—(a)generally—the commencement of this
Act; and(b)forcorruptconductundersection15(2)—thecommencement of that subsection.17Conduct outside Queensland may be
corrupt conductConduct may be corrupt conduct regardless
of—(a)where the conduct happens; or(b)whetherthelawrelevanttotheconductisalawofQueensland or of another
jurisdiction.18Conspiracy or attempt to engage in
conduct may becorrupt conductAconspiracyoranattempttoengageinconductisnotexcluded from being corrupt conduct
if, had the conspiracy orattemptbeenbroughttofruitionbythetakingofafurtherstep, the
further step could constitute or involve—(a)an
offence; or(b)grounds for terminating a person’s
services in a unit ofpublic administration, if the person
is or were the holderof an appointment in the unit.19Corrupt conduct not affected by time
limitationsConduct does not stop being corrupt conduct
only because aproceeding or an action for an offence to
which the conduct isCurrent as at [Not applicable]Page
31
Crime
and Corruption Act 2001Chapter 1 Preliminary[s
20]relevant can no longer be brought or
continued or that actionforterminationofservicesbecauseoftheconductcannolonger be
taken.Notauthorised—indicativeonlyDivision 3Units of public
administration20Meaning ofunit of public
administration(1)Each of the following is aunit
of public administration—(a)the
Legislative Assembly, and the parliamentary service;(b)the Executive Council;(c)a department;(d)the
police service;(da)a local
government;(e)a corporate entity established by an
Act or that is of adescription of a corporate entity provided
for by an Actwhich, in either case, collects revenues or
raises fundsunder the authority of an Act;(f)a noncorporate entity, established or
maintained underan Act, that—(i)is
funded to any extent with State moneys; or(ii)is
financially assisted by the State;(g)a
State court, of whatever jurisdiction, and its registryand
other administrative offices;(h)another entity prescribed under a
regulation.(2)However,noneofthefollowingisaunitofpublicadministration—(a)the
commission;(b)the parliamentary commissioner;(c)the entity consisting of—(i)the parliamentary commissioner;
andPage 32Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 1 Preliminary[s
21](ii)officersandemployeesoftheparliamentaryserviceassignedtotheparliamentarycommissioner;
and(iii)personsengagedtoprovidetheparliamentarycommissionerwithservices,informationoradvice;(d)an
entity declared by an Act not to be a unit of publicadministration.21Holding appointment in unit of public
administrationApersonholdsanappointmentinaunitofpublicadministration
if the person holds any office, place or positionin
the unit, whether the appointment is by way of election orselection.Division 4References to major crime andcorruption22References to major crime or corruption
includesuspected major crime or suspected
corruption(1)A reference to major crime includes,
in the context of a crimeinvestigation, suspected major
crime.(2)Areferencetocorruptionincludes,inthecontextofacomplaint or a
corruption investigation, suspected corruption.Division 5Terrorist acts22AMeaning ofterrorist
act(1)An action is aterrorist
actif—(a)it does any of
the following—(i)causesseriousharmthatisphysicalharmtoaperson;Current as at [Not applicable]Page
33
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 1 Preliminary[s 22A](ii)causes serious
damage to property;(iii)causes a
person’s death;(iv)endangersthelifeofsomeoneotherthantheperson taking the action;(v)creates a serious risk to the health
or safety of thepublic or a section of the public;(vi)seriouslyinterfereswith,seriouslydisrupts,ordestroys an electronic system;
and(b)itisdonewiththeintentionofadvancingapolitical,religious or
ideological cause; and(c)it is done with
the intention of—(i)coercing,orinfluencingbyintimidation,thegovernmentoftheCommonwealth,aStateoraforeign country, or of part of a State
or a foreigncountry; or(ii)intimidating the public or a section of the
public.(2)A threat of action is aterrorist actif—(a)the threatened action is likely to do
anything mentionedin subsection (1)(a)(i) to (vi); and(b)thethreatismadewiththeintentionsmentionedinsubsection (1)(b) and (c).(3)However, an action or threat of action
is not aterrorist actifthe
action or threatened action—(a)is
advocacy, protest, dissent or industrial action; and(b)is not intended—(i)tocauseseriousharmthatisphysicalharmtoaperson;
or(ii)to cause a
person’s death; or(iii)toendangerthelifeofaperson,otherthantheperson taking the action; orPage
34Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 1 Preliminary[s
22A](iv)to create a
serious risk to the health or safety of thepublic or a
section of the public.(4)Areferenceinthissectiontoapersonorpropertyisareference to a person or property
wherever situated, within oroutside the
State (including within or outside Australia).(5)In
this section—electronicsystemincludesanyofthefollowingelectronicsystems—(a)an information system;(b)a telecommunications system;(c)a financial system;(d)a system used for the delivery of
essential governmentservices;(e)a
system used for, or by, an essential public utility;(f)a system used for, or by, a transport
system.physical harmincludes
unconsciousness, pain, disfigurement,infectionwithadiseaseandphysicalcontactwithapersonthatthepersonmightreasonablyobjecttointhecircumstances (whether or not the person was
aware of it atthe time).publicincludesthepublicofanotherStateorofacountryother than
Australia.serious harmmeans harm,
including the cumulative effect ofany harm,
that—(a)endangers, or is likely to endanger, a
person’s life; or(b)is, or is likely to be, significant
and longstanding.threatincludes a
threat made by conduct, whether express orimplied and
whether conditional or unconditional.Current as at
[Not applicable]Page 35
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 23]Chapter 2Commission functions,investigations
andreportingPart 1Prevention23Commission’s prevention functionThe
commission has a function (itsprevention
function) ofhelping to
prevent major crime and corruption.24How
commission performs its prevention functionWithoutlimitingthewaysthecommissionmayperformitspreventionfunction,thecommissionperformsthefunctionby—(a)analysingtheintelligenceitgathersinsupportofitsinvestigations into major crime and
corruption; and(b)analysingtheresultsofitsinvestigationsandtheinformation it gathers in performing
its functions; and(c)analysingsystemsusedwithinunitsofpublicadministration
to prevent corruption; and(d)using
information it gathers from any source in supportof
its prevention function; and(e)providing information to, consulting with,
and makingrecommendations to, units of public
administration; and(f)providing information relevant to its
prevention functionto the general community; and(g)ensuringthatinperformingallofitsfunctionsithasregard to its
prevention function; and(h)generallyincreasingthecapacityofunitsofpublicadministrationtopreventcorruptionbyprovidingPage 36Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 25]advice and training to the units and, if
asked, to otherentities; and(i)reportingonwaystopreventmajorcrimeandcorruption.Part 2CrimeDivision 1Crime functions25Commission’s crime functionThe
commission has a function (itscrime
function)—(a)to investigate
major crime referred to it, under division2, by the
reference committee; and(b)to investigate,
under an authorisation under section 55D,incidents that
threaten, have threatened or may threatenpublic safety
that criminal organisations or participantsin criminal
organisations have engaged in, are engagingin, or are
planning to engage in.26How commission
performs its crime functionWithoutlimitingthewaysthecommissionmayperformitscrimefunction,thecommission performsitscrimefunctionby—(a)investigating
major crime referred to it, under division 2,by the reference
committee; and(b)whenconductinginvestigationsunderparagraph(a),gathering evidence for—(i)the
prosecution of persons for offences; and(ii)the
recovery of the proceeds of major crime; andCurrent as at
[Not applicable]Page 37
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 26A](iii)the
recovery of other property liable to forfeiture,oraperson’sunexplainedwealth,undertheConfiscation Act; and(c)liaisingwith,providinginformationto,andreceivinginformation
from, other law enforcement agencies andprosecutingauthorities,includingagenciesandauthoritiesoutsidetheStateorAustralia,aboutmajorcrime.Division 2Referrals by
reference committee26ADefinitions for div 2In
this division—general referralsee section
27(4).referralmeans—(a)a specific referral; or(b)a general referral.specific referralsee section
27(2).27Referrals to commission(1)The reference committee may
refer—(a)a particular incident of major crime
to the commissionfor investigation; or(b)major crime to the commission for
investigation.Examples of major crime that may be referred
under paragraph(b)—•terrorism•criminal paedophilia facilitated by the use
of the internet byoffenders to groom children or distribute
obscene materialdepicting childrenPage 38Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 27]Notauthorised—indicativeonly•organised crime engaged in by a class
of person or involvingoffencesofaparticulartype,forexample,moneylaundering•criminalactivityinvolvingdrugtraffickingandviolenceengaged in by
members of (generally identified)
motorcyclegangs and their associates(2)Areferenceundersubsection
(1)(a)iscalledaspecificreferral.(3)A specific
referral must identify—(a)the particular
incident of major crime to be investigatedby the
commission; and(b)at least 1 of the following—(i)thepersonsinvolved,orsuspectedofbeinginvolved, in the
particular incident of major crime;(ii)theactivityconstituting,orsuspectedofconstituting, the particular incident of
major crime.(4)Areferenceundersubsection
(1)(b)iscalledageneralreferral.(5)A general
referral—(a)must identify the major crime to be
investigated by thecommission; and(b)may
identify either or both of the following—(i)thepersonsinvolved,orsuspectedofbeinginvolved, in the
major crime;(ii)theactivitiesconstituting,orsuspectedofconstituting, the major crime.(6)A referral may relate to any
circumstances implying, or anyallegations,
that a particular incident of major crime, or majorcrime, may have been committed, may be being
committed, ormay in the future be committed.(7)A referral may be made by the
reference committee—(a)for a specific
referral—(i)on its own initiative; orCurrent as at [Not applicable]Page
39
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 28](ii)if
asked by the senior executive officer (crime); or(iii)if asked by the
commissioner of police; or(b)for a general
referral—(i)on its own initiative; or(ii)if asked by the
senior executive officer (crime).(8)A
referral must be in writing.28Matters about which the reference committee
must besatisfied before making a referral(1)The reference committee may make a
specific referral only ifit is satisfied—(a)the
police service has carried out an investigation intothe
particular incident of major crime that has not beeneffective; and(b)further investigation into the particular
incident of majorcrime is unlikely to be effective using
powers ordinarilyavailable to police officers; and(c)it is in the public interest to refer
the particular incidentof major crime to the commission for
investigation.(2)The reference committee may make a
general referral only ifit is satisfied it is in the public
interest to refer the major crimeto the
commission for investigation.(3)Without limiting the matters to which the
reference committeemay have regard in deciding whether it is in
the public interestto refer a particular incident of major
crime, or major crime, tothecommissionforinvestigation,thereferencecommitteemay
have regard to the following—(a)the
number of persons that may be involved;(b)thedegreeofplanningandorganisationlikelytobeinvolved;(c)the seriousness of, or the
consequences of, the particularincident of
major crime or the major crime;Page 40Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 29](d)thepersonorpersonslikelytoberesponsibleforplanning and organising the particular
incident of majorcrime or the major crime;(e)thelikelyinvolvementofthepersonorpersonsinsimilar activities;(f)the
financial or other benefits likely to be derived by anyperson;(g)whether investigation by the commission is a
justifiableuse of resources.(4)Also,withoutlimitingthematterstowhichthereferencecommittee may
have regard in deciding whether it is in thepublicinteresttorefermajorcrimetothecommissionforinvestigation(thatis,ageneralreferral),thereferencecommitteemayhaveregardtothelikelyeffectivenessofinvestigationintothemajorcrimeusingpowersordinarilyavailable to the
police service.29Reference committee may give
commission directionsabout investigations(1)The reference committee may give the
commission directionsimposinglimitationsonacrimeinvestigation,includinglimitations on the exercise of the
commission’s powers for theinvestigation.(2)The
reference committee may also direct the commission toendaparticularcrimeinvestigationifthecommitteeconsiders—(a)itmaybemoreappropriateforanotherentitytoundertake the investigation; or(b)it may be more effective for another
entity to undertakethe investigation; or(c)investigation by the commission is not a
justifiable useof resources; or(d)investigationbythecommissionisnotinthepublicinterest.Current as at [Not applicable]Page
41
Crime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 29A](3)Thecommissionmustcomplywithadirectiongivenundersubsection (1)
or (2).(4)To remove any doubt, it is declared
that section 29(2)(d) is notlimited by
section 28(3) or (4).Notauthorised—indicativeonly29AReference committee must consider
whether to givecommission directions in relation to
particular crimeinvestigation under general referral(1)Thissectionappliesiftheseniorexecutiveofficer(crime)notifiesthereferencecommitteeundersection
277thatthecommission has commenced a particular crime
investigationunder a general referral.(2)The reference committee must, as soon
as practicable after thereference committee is notified,
consider whether to give thecommission a
direction under section 29(1) or (2) in relationto
the particular crime investigation.30Amendment of referral to investigateThe
reference committee may amend the terms of a referral tothe
commission on its own initiative or if asked by the seniorexecutive officer (crime).30AReview and lapse of general
referrals(1)Thereferencecommitteemustrevieweachgeneralreferralwithin5yearsofitbeingmadeorlastconfirmedundersubsection
(5).(2)In conducting the review, the
reference committee must givefresh
consideration to the matters mentioned in section 28(2)to
(4) as if a reference in the subsections to a referral were
areference to a confirmation under subsection
(5).(3)The senior executive officer (crime)
may make submissions tothe reference committee about its
decision on the review if thegeneral referral
was initially requested by the senior executiveofficer
(crime).Page 42Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 31](4)The reference committee may ask the
senior executive officer(crime) to help the committee to
conduct the review, and, ifasked,theseniorexecutiveofficer(crime)mustgivethecommittee the help it needs to conduct
the review.(5)In deciding the review, the reference
committee may—(a)confirm the referral with or without
amendment; or(b)replace the referral with a referral
to the commissionerof police under section 31; or(c)end the referral.(6)If
the reference committee does not act under subsection (5)beforetheendofthe5yearperiodmentionedinsubsection (1), the referral lapses.31Referrals to police service(1)Thereferencecommitteemayreferaparticularincidentofmajor crime, or major crime, to the
commissioner of policeforinvestigationifitissatisfiedthatthematterisnotappropriate for investigation or
continued investigation by thecommission.(2)The
referral must be written.(3)The commissioner
of police must, if asked by the referencecommittee,
report to the committee on the referral.(4)Thecommissionerofpolicemustconsideranycommentsabout the
referral made by the reference committee.Division 3Dealing with major crime32Police task forces and other operational
agreements(1)Thechairpersonmaymakearrangementswiththecommissioner of police for the
establishment of a police taskforcetohelpthecommissiontocarryoutacrimeinvestigation.Current as at
[Not applicable]Page 43
Crime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 33](2)A police task force is under the
control and direction of thecommissioner of
police.(3)The commission may enter into
operational agreements withother entities,
including an entity mentioned in section 275(d).Notauthorised—indicativeonlyPart 3CorruptionDivision 1Corruption functions33Commission’s corruption functions(1)Thecommissionhasthefollowingfunctionsforcorruption(thecorruption functions)—(a)toraisestandardsofintegrityandconductinunitsofpublic administration;(b)toensureacomplaintabout,orinformationormatterinvolving,
corruption is dealt with in an appropriate way,having regard to
the principles set out in section 34.(2)The
commission’scorruption functionsalso
include—(a)investigating and otherwise dealing
with—(i)conductliabletoallow,encourageorcausecorrupt conduct;
and(ii)conduct
connected with corrupt conduct; and(b)investigatingwhethercorruptconductorconductmentionedinparagraph(a)(i)or(ii)mayhavehappened, may be
happening or may happen.34Principles for
performing corruption functionsIt is the
Parliament’s intention that the commission apply thefollowingprincipleswhenperformingitscorruptionfunctions—(a)CooperationPage 44Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 34]•to the greatest extent practicable,
the commissionandunitsofpublicadministrationshouldworkcooperatively to
prevent corruption•the commission and units of public
administrationshould work cooperatively to deal with
corruption(b)Capacitybuilding•thecommissionhasaleadroleinbuildingthecapacityofunitsofpublicadministrationtopreventanddealwithcasesofcorruptioneffectively and
appropriately(c)Devolution•subjecttothecooperationandpublicinterestprinciplesandthecapacityoftheunitofpublicadministration,actiontopreventanddealwithcorruption in a unit of public
administration shouldgenerally happen within the
unit(d)Publicinterest•the commission has an overriding
responsibility topromote public confidence—•intheintegrityofunitsofpublicadministration
and•ifcorruptiondoeshappenwithinaunitofpublic administration, in the way it is
dealtwith•the
commission should exercise its power to dealwithparticularcasesofcorruptionwhenitisappropriatehavingprimaryregardtothefollowing—•the
capacity of, and the resources availableto,aunitofpublicadministrationtoeffectively deal with the corruption•the nature and seriousness of the
corruption,particularly if there is reason to believe
thatCurrent as at [Not applicable]Page
45
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 35]corruption is
prevalent or systemic within aunit of public
administration•anylikelyincreaseinpublicconfidenceinhavingthecorruptiondealtwithbythecommission directly.35How commission performs its corruption
functions(1)Withoutlimitinghowthecommissionmayperformitscorruption functions, it performs its
corruption functions bydoing 1 or more of the
following—(a)expeditiouslyassessingcomplaintsabout,orinformationormatters(alsocomplaints)involving,corruption made
or notified to it;(b)referringcomplaintsaboutcorruptionwithinaunitofpublic administration to a relevant public
official to bedealt with by the public official;(c)performing its monitoring role for
police misconduct asprovided for under section
47(1);(d)performingitsmonitoringroleforcorruptconductasprovided for under section
48(1);(e)dealing with complaints about corrupt
conduct, by itselfor in cooperation with a unit of public
administration;(f)investigatingandotherwisedealingwith,onitsowninitiative—(i)theincidence,orparticularcases,ofcorruptionthroughout the
State; or(ii)the matters
mentioned in section 33(2);(g)assumingresponsibilityfor,andcompleting,aninvestigation, by itself or in cooperation
with a unit ofpublic administration, if the commission
considers thataction to be appropriate having regard to
the principlesset out in section 34;Page 46Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 35A](h)whenconductingormonitoringinvestigations,gathering
evidence for or ensuring evidence is gatheredfor—(i)the prosecution of persons for
offences; or(ii)disciplinary
proceedings against persons;(i)assessing the appropriateness of systems and
proceduresadoptedbyaunitofpublic administrationfordealingwith complaints
about corruption;(j)providingadviceandrecommendationstoaunitofpublicadministrationaboutdealingwithcomplaintsabout corruption
in an appropriate way.(2)In performing
its corruption functions in a way mentioned insubsection
(1),thecommissionshould,wheneverpossible,liaise with a relevant public
official.(3)In performing its corruption function
under section 33(1)(b),the commission must focus on more
serious cases of corruptconduct and cases of systemic corrupt
conduct within a unit ofpublic administration.35AChief executive officer may issue
direction aboutcommission’s corruption function about
complaints(1)The chief executive officer may issue
a direction about howcommissionofficersaretodecidewhetheracomplaintinvolves,ormayinvolve,amoreseriouscaseofcorruptconduct or a
case of systemic corrupt conduct within a unit ofpublic administration.(2)In
issuing a direction under subsection (1), the chief
executiveofficerissubjecttothedirectionandcontrolofthechairperson.(3)Acommissionofficermustcomplywithadirectionissuedunder subsection (1).Current as at
[Not applicable]Page 47
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 35B]35BPublication of information about how
commissionperforms its corruption function about
complaints(1)Thechiefexecutiveofficermustpublish,onapubliclyaccessible website of the commission,
information about thecommission’ssystemsandproceduresfordealingwithcomplaints about corruption.(2)Theinformationpublishedonthewebsitemustincludethefollowing—(a)the
standard timeframes adopted by the commission forassessing, investigating and completing its
dealing withcomplaints about corruption;(b)the standard procedures adopted by the
commission forassessing and investigating complaints about
corruption;(c)howthecommissionmonitorstheprogressofcomplaintsaboutcorruptionbeingdealtwithbythecommissiontoensuretheyarebeingdealtwithinatimely way;(d)whatactionthecommissiontakesifthestandardtimeframes are not met for a complaint about
corruptionbeingdealtwithbythecommissiontoensurethecomplaint is dealt with in a timely
way.Division 2How to make a
complaint36Complaining about corruption(1)Apersonmaymakeacomplaintaboutcorruptiontothecommission for the purpose of the
commission dealing withthe complaint under section 35.(2)Subsection (1) does not limit to whom
a person can complainabout corruption.Examples—1A person may complain directly to the
commissioner of policeabout corruption.Page 48Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 37]2Apersonmaycomplaindirectlytothechiefexecutiveofagovernmentdepartmentaboutcorruptionhappeningwithinthedepartment.(3)Apersonmayalsogiveinformationormatterinvolvingcorruption to the commission.Examples of information or matter involving
corruption that may be givento the
commission—•informationgiventothecommissionthroughacommissionactivity,
including, for example—•evidence given
by a witness at a commission hearing•informationobtainedthroughtelephoneinterceptionoracovert operation•evidence gathered through a corruption
investigation•a routine departmental audit
report•an intelligence report from a law
enforcement agency•a Crime Stoppers report•information about a significant police
event such as a death inpolice custody or police
shooting•information or matter referred to the
commission by a coroner,a court, a commission of inquiry or
another investigative bodyor public inquiryDivision 3Duty
to notify37Duty to notify commission of police
misconduct(1)This section applies if the
commissioner of police reasonablysuspectsthatacomplaint,orinformationormatter(alsoacomplaint), involves
police misconduct.(2)Thecommissionerofpolicemustnotifythecommissionofthe
complaint, subject to section 40.Current as at
[Not applicable]Page 49
Crime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 38]38Duty to notify commission of corrupt
conduct(1)Thissectionappliesifapublicofficialreasonablysuspectsthat
a complaint, or information or matter (also acomplaint),involves, or may involve, corrupt
conduct.(2)Thepublicofficialmustnotifythecommissionofthecomplaint, subject to section
40.Notauthorised—indicativeonly39Duty to notify is
paramount(1)Thedutyofapublicofficialtonotifythecommissionofacomplaintundersection 37or38mustbecompliedwithdespite—(a)theprovisionsofanyotherAct,otherthanthePoliceService
Administration Act 1990, section 7.2(3); or(b)any obligation the person has to
maintain confidentialityabout a matter to which the complaint
relates.(2)Subsection (1) does not affect an
obligation under another Actto notify
corruption.40Commission may issue directions about
notifications(1)The commission may issue directions
about the following—(a)the kinds of
complaints a public official must notify, orneed not notify,
the commission of under section 37 or38;(b)howandwhenapublicofficialmustnotifythecommission of complaints under section
37 or 38.(2)Before issuing a direction, the
commission must consult with,and consider the
views of—(a)the relevant public official;
and(b)if the direction relates to the chief
executive officer of adepartment or a public service office
within the meaningofthePublicServiceAct2008—thepublicservicecommission.Page 50Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 40A](3)In particular, if a direction would
require the commissioner ofpolicetodiscloseinformationotherwiseprotectedbythePolice Powers and Responsibilities Act
2000, section 266 ortheDrugs Misuse Act 1986, section 119,
the commission mayissue the direction, but before doing so
must have regard to thedesirability of protecting
confidentiality.(4)A public officialmust comply with
a direction given undersubsection (1).(5)The
commission may use or disclose information mentionedin
subsection (3) in the administration of this Act, but mustmaintain the confidentiality of the
information to the greatestpracticable
extent.40ARecord of alleged corrupt conduct not
notified(1)Thissectionappliesifapublicofficialdecidesthatacomplaint,orinformationormatter,aboutallegedcorruptconduct is not required to be notified to
the commission undersection 38.(2)The
public official must make a record of the decision.(3)The record must include—(a)thedetailsofthecomplaintorinformationormatter;and(b)theevidenceonwhichthepublicofficialreliedinmaking the decision; and(c)any
other reasons for the decision.(4)Thecommissionmayaskapublicofficialtogivethecommission access to a record made under
this section in astated way and by a stated time.(5)Apublicofficialmustcomplywitharequestmadeoftheofficial under
subsection (4).Current as at [Not applicable]Page
51
Crime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 41]Division 4Dealing with
complaints and othermattersNotauthorised—indicativeonlySubdivision 1Commissioner of
police41Responsibility of commissioner of
police(1)Thecommissionerofpolicehasprimaryresponsibilityfordealing with complaints about, or
information or matter thecommissioner of police reasonably
suspects involves, policemisconduct.(2)The
commissioner of police also has a responsibility to dealwith
a complaint about, or information or matter involving,corrupt conduct that is referred to the
commissioner of policeby the commission.42Dealing with complaints—commissioner of
police(1)Thecommissionerofpolicemustexpeditiouslyassesscomplaints, or information or matter (also
acomplaint) madeornotifiedto,orotherwisecomingtotheattentionof,thecommissioner of
police.(2)The commissioner of police must deal
with a complaint aboutpolicemisconductinthewaythecommissionerofpoliceconsidersmostappropriate,subjecttothecommission’smonitoring
role.(3)If the commissioner of police is
satisfied that—(a)a complaint—(i)is
frivolous or vexatious; or(ii)lacks substance
or credibility; or(b)dealing with the complaint would be an
unjustifiable useof resources;the commissioner
of police may take no action or discontinueaction taken to
deal with the complaint.Page 52Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 42](4)The commissioner of police may, in an
appropriate case, askthecommissiontodealwithacomplaintaboutpolicemisconduct or to
deal with the complaint in cooperation withthe commissioner
of police.(5)If the commission refers a complaint
about corrupt conduct tothe commissioner of police to be dealt
with, the commissionerofpolicemustdealwiththecomplaintinthewaythecommissioner of police considers most
appropriate, subject tothe commission’s monitoring
role.(6)Withoutlimitinghowthecommissionerofpolicemaydealwith a complaint
about corrupt conduct, the commissioner ofpolice may ask
the commission to deal with the complaint incooperation with
the commissioner of police.(7)Ifapersonmakesacomplaintthatisdealtwithbythecommissioner of
police, the commissioner of police must givethe person a
response stating—(a)ifnoactionistakenonthecomplaintbythecommissionerofpoliceoractiontodealwiththecomplaintisdiscontinuedbythecommissionerofpolice—thereasonfornottakingactionordiscontinuing the action; or(b)if action is taken on the complaint by
the commissionerof police—(i)the
action taken; and(ii)thereasonthecommissionerofpoliceconsidersthe
action to be appropriate in the circumstances;and(iii)any results of
the action that are known at the timeof the
response.(8)However, the commissioner of police is
not required to give aresponse to the person—(a)if the person has not given his or her
name and addressor does not require a response; orCurrent as at [Not applicable]Page
53
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 43](b)iftheresponsewoulddiscloseinformationthedisclosureofwhichwouldbecontrarytothepublicinterest.Subdivision 2Other units of
public administration43Responsibility of
public officials, other than thecommissioner of
policeA public official, other than the
commissioner of police, has aresponsibility
to deal with a complaint about, or informationor matter
involving, corrupt conduct that is referred to it bythe
commission.44Dealing with complaints—public
officials other than thecommissioner of police(1)This section does not apply to the
police service.(2)Apublicofficialmustdealwithacomplaintabout,orinformationormatter(alsoacomplaint)involving,corruptconductinthewaythepublicofficialconsidersmostappropriate, subject to the commission’s
monitoring role.(3)If the public official is satisfied
that—(a)a complaint—(i)is
frivolous or vexatious; or(ii)lacks substance
or credibility; or(b)dealing with the complaint would be an
unjustifiable useof resources;the public
official may take no action or discontinue actiontaken to deal with the complaint.(4)Apublicofficialmay,inanappropriatecase,askthecommission to
deal with a complaint in cooperation with thepublic
official.Page 54Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 45](5)If a person makes a complaint that is
dealt with by the publicofficial,thepublicofficialmustgivethepersonaresponsestating—(a)ifnoactionistakenonthecomplaintbythepublicofficialoractiontodealwiththecomplaintisdiscontinued by the public official—the
reason for nottaking action or discontinuing the action;
or(b)ifactionistakenonthecomplaintbythepublicofficial—(i)the action taken; and(ii)the reason the
public official considers the actionto be
appropriate in the circumstances; and(iii)any
results of the action that are known at the timeof
the response.(6)However, the public official is not
required to give a responseto the
person—(a)if the person has not given his or her
name and addressor does not require a response; or(b)iftheresponsewoulddiscloseinformationthedisclosureofwhichwouldbecontrarytothepublicinterest.Subdivision 3Commission45Responsibility of commission(1)The commission has primary
responsibility for dealing withcomplaints
about, or information or matter involving, corruptconduct.(2)Thecommissionisresponsibleformonitoringhowthecommissioner of police deals with
police misconduct.Current as at [Not applicable]Page
55
Crime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 46]Notauthorised—indicativeonly46Dealing with
complaints—commission(1)The commission
deals with a complaint about, or informationor matter (also
acomplaint) involving,
corruption by—(a)expeditiously assessing each complaint
about corruptionmadeornotifiedtoit,orotherwisecomingtoitsattention; and(b)takingtheactionthecommissionconsidersmostappropriateinthecircumstanceshavingregardtotheprinciples set out in section
34.(2)The commission may take the following
action—(a)deal with each complaint about corrupt
conduct that itconsiders should not be referred to a public
official to bedealt with;(b)referacomplaintaboutcorruptconducttoapublicofficialtobedealtwithbythepublicofficialorincooperationwiththecommission,subjecttothecommission’s
monitoring role;(c)without limiting paragraph (b), refer
a complaint aboutcorrupt conduct of a person holding an
appointment in aunit of public administration that may
involve criminalactivity to the commissioner of police to be
dealt with;(d)if it is a complaint about police
misconduct notified tothe commission by the commissioner of
police—allowthe commissioner of police to continue to
deal with thecomplaint, subject to the commission’s
monitoring role;(e)if it is a complaint about police
misconduct made to thecommission by someone other than the
commissioner ofpolice—givethecomplainttothecommissionerofpolicetobedealtwith,subjecttothecommission’smonitoring
role;(f)if a public official asks the
commission to deal with acomplaintortodealwithacomplaintincooperationwith the public
official—(i)deal with the complaint; orPage
56Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 46](ii)dealwiththecomplaintincooperationwiththepublic official; or(iii)advisethepublicofficialthatthecommissionconsidersthatitisappropriatethatthepublicofficial
continue to deal with the complaint, subjectto the
commission’s monitoring role;(g)if
the commission is satisfied that—(i)the
complaint—(A)is frivolous or vexatious; or(B)lacks substance or credibility;
or(C)is not made in good faith; or(D)is made primarily for a mischievous
purpose;or(E)is made
recklessly or maliciously; or(ii)dealing with the complaint—(A)would not be in the public interest;
or(B)would be an unjustifiable use of
resources; or(iii)the subject
matter of the complaint—(A)is not within
the commission’s functions; or(B)has
been dealt with by another entity;take no action
or discontinue action.(3)For taking
action, or action taken, under subsection (2) for acomplaint,thecommissionmayrequireapublicofficialtoprovide stated information about the
complaint in the way andat the times the commission
directs.(4)A public official must comply with a
requirement made undersubsection (3).(5)Ifapersonmakesacomplaintthatisdealtwithbythecommission, the
commission must give the person a responsestating—Current as at [Not applicable]Page
57
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 46A](a)if
no action is taken by the commission on the complaintor
action to deal with the complaint is discontinued bythecommission—thereasonfornottakingactionordiscontinuing the action; or(b)if action is taken on the complaint by
the commission—(i)the action taken; and(ii)the reason the
commission considers the action tobe appropriate
in the circumstances; and(iii)any results of
the action that are known at the timeof the
response.(6)However, the commission is not
required to give a response—(a)to
the person if—(i)thepersonhasnotgivenhisorhernameandaddress or does not require a response;
or(ii)the commission
has given a notice, or is entitled togiveanotice,undersection 216tothepersoninrelation to the complaint; or(b)that discloses information the
disclosure of which wouldbe contrary to the public
interest.(7)Nothinginthispartlimitsthecommissionfromprovidinginformation
about the conduct of a person to a public officialforuseintheproperperformanceofthepublicofficial’sfunctions.46ADealing with matters mentioned in s
33(2)(1)This section applies to a matter
mentioned in section 33(2).(2)The
commission deals with the matter by—(a)assessing the matter; and(b)if the commission considers it
appropriate, investigatingthe matter; andPage 58Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 47](c)takingtheactionthecommissionconsidersmostappropriateinthecircumstanceshavingregardtothepublic interest principle set out in
section 34(d).(3)Fordealingwiththematter,thecommissionmayrequireapublic official to provide stated
information about the matterin the way and
at the times the commission directs.(4)A
public official must comply with a requirement made undersubsection (3).47Commission’s monitoring role for police
misconduct(1)The commission may, having regard to
the principles stated insection 34—(a)issueadvisoryguidelinesfortheconductofinvestigations by the commissioner of police
into policemisconduct; or(b)review or audit the way the commissioner of
police hasdealtwithpolicemisconduct,inrelationtoeitheraparticular complaint or a class of
complaint; or(c)assume responsibility for and complete
an investigationby the commissioner of police into police
misconduct.(2)Thecommissionerofpolicemustgivethecommissionreasonable help
to undertake a review or audit or to assumeresponsibility
for an investigation.(3)If the
commission assumes responsibility for an investigation,the
commissioner of police must stop his or her investigationoranyotheractionthatmayimpedetheinvestigationifdirected to do so by the commission.(4)In this section—complaint,
about police misconduct, includes information ormatter involving police misconduct.Current as at [Not applicable]Page
59
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 48]48Commission’s monitoring role for corrupt
conduct(1)The commission may, having regard to
the principles stated insection 34—(a)issueadvisoryguidelinesfortheconductofinvestigations by public officials into
corrupt conduct;or(b)review or audit
the way a public official has dealt withcorruptconduct,inrelationtoeitheraparticularcomplaint or a
class of complaint; or(c)require a public
official—(i)to report to the commission about an
investigationinto corrupt conduct in the way and at the
times thecommission directs; or(ii)toundertakethefurtherinvestigationintothecorrupt conduct that the commission
directs; or(d)assume responsibility for and complete
an investigationby a public official into corrupt
conduct.(2)The public official must—(a)givethecommissionreasonablehelptoundertakearevieworauditortoassumeresponsibilityforaninvestigation; and(b)complywitharequirementmadeundersubsection
(1)(c).(3)If the commission assumes
responsibility for an investigation,thepublic official must stop his or her
investigation or anyother action that may impede the
investigation if directed todo so by the
commission.(4)In this section—complaint,aboutcorruptconduct,includesinformationormatter involving corrupt conduct.Page
60Current as at [Not applicable]
Notauthorised—indicativeonlySubdivision 4Crime and
Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 48A]Miscellaneous provision48APolicy about how complaints involving public
official areto be dealt with(1)A
public official must, in consultation with the chairperson,prepare a policy about how the unit of
public administrationfor which the official is responsible
will deal with a complaintthat involves or may involve
corruption of the public official.(2)Thepolicymaynominateapersonotherthanthepublicofficialtonotifythecommissionofthecomplaintundersection 37or38,andtodealwiththecomplaintundersubdivision 1 or 2, on behalf of the public
official.(3)Ifthepolicyincludesanominationasmentionedinsubsection (2),thisActappliesasifareferenceaboutnotifying or
dealing with the complaint to the public officialwere
a reference to the nominated person.Example of
operation of subsection (3)—Ifapolicypreparedunderthissectionforaunitofpublicadministration
includes a nomination as mentioned in subsection (2)—(a)under section 38 as applying under
subsection (3), the nominatedpersonmustnotifythecommissionofcomplaintsabouttherelevant public official that the
person suspects involve or mayinvolve corrupt
conduct; and(b)undersection
35(1)(b)asapplyingundersubsection (3),thecommission may refer complaints about the
relevant public officialto the nominated person for the
nominated person to deal with; and(c)undersection
42or44asapplyingundersubsection (3),thenominated person must deal with complaints
about the relevantpublic official referred to the nominated
person by the commission.(4)In this
section—complaintincludes
information or matter.Current as at [Not applicable]Page
61
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 49]Division 5Action following investigation49Reports about complaints dealt with by
the commission(1)This section applies if the commission
investigates (either byitselforincooperationwithapublicofficial),orassumesresponsibility
for the investigation of, a complaint about, orinformation or
matter involving, corruption and decides thatprosecutionproceedingsordisciplinaryactionshouldbeconsidered.(2)The
commission may report on the investigation to any of thefollowing as appropriate—(a)aprosecutingauthority,forthepurposesofanyprosecutionproceedingstheauthorityconsiderswarranted;(b)theChiefJustice,ifthereportrelatestoconductofajudge of, or other person holding
judicial office in, theSupreme Court;(c)the
Chief Judge of the District Court, if the report relatesto
conduct of a District Court judge;(d)the
President of the Childrens Court, if the report relatestoconductofapersonholdingjudicialofficeintheChildrens
Court;(e)the Chief Magistrate, if the report
relates to conduct of amagistrate;(f)the
chief executive officer of a relevant unit of publicadministration,forthepurposeoftakingdisciplinaryaction, if the
report does not relate to the conduct of ajudge,
magistrate or other holder of judicial office.(3)If
the commission decides that prosecution proceedings for anoffenceundertheCriminalCode,section 57shouldbeconsidered, the commission must report
on the investigationto the Attorney-General.Page
62Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 50](4)A report made under subsection (2) or
(3) must contain, or beaccompaniedby,allrelevantinformationknowntothecommission
that—(a)supportsachargethatmaybebroughtagainstanyperson as a result of the report; or(b)supports a defence that may be
available to any personliable to be charged as a result of
the report; or(c)supports the start of a proceeding
under section 219F or219G against any person as a result of
the report; or(d)supports a defence that may be
available to any personsubject to a proceeding under section
219F or 219G as aresult of the report.(5)In
this section—prosecuting authoritydoes not include
the director of publicprosecutions.50Commission may prosecute corrupt
conduct(1)Thissectionappliesifthecommissionreportstothechiefexecutiveofficerofaunitofpublicadministrationundersection 49 that—(a)acomplaint,matterorinformationinvolves,ormayinvolve, corrupt
conduct by a prescribed person in theunit; and(b)there is evidence supporting the start
of a disciplinaryproceedingforcorruptconductagainsttheprescribedperson.(2)The commission may apply, as provided
under the QCAT Act,toQCATforanorderundersection 219Iagainsttheprescribed person.(3)In
this section—prescribed personmeans—(a)a person—(i)who
is a member of the police service; orCurrent as at
[Not applicable]Page 63
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 51](ii)beingamemberofthepoliceservice,whoseemploymentasamemberofthepoliceserviceends
after the corrupt conduct happens, regardlessof whether the
employment ends before or after thestartofadisciplinaryproceedingforthecorruptconduct;
or(b)a person (other than a judge or holder
of judicial office,or a member of the police service)—(i)whoholdsanappointmentinaunitofpublicadministration;
or(ii)whoheldanappointmentinaunitofpublicadministrationthatendedafterthecorruptconducthappened,regardlessofwhethertheappointmentendedbeforeorafterthestartofadisciplinary proceeding for the
conduct.51Other action for corruption(1)Nothinginthispartlimitstheactionthatmaylawfullybetaken by the commission or a unit of public
administration todiscipline or otherwise deal with a person
for corruption.Example—The commissioner
of police may bring a disciplinary charge against apolice officer under thePolice Service
Administration Act 1990.(2)Subsection (1) is subject to sections 47 and
48.Part 4Research,
intelligence andother functionsDivision 1Research52Research functions(1)The
commission has the following functions—Page 64Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 53](a)to undertake research to support the
proper performanceof its functions;(b)to
undertake research into the incidence and preventionof
criminal activity;(c)to undertake research into any other
matter relating totheadministrationofcriminaljusticeorrelatingtocorruption referred to the commission by the
Minister;(d)to undertake research into any other
matter relevant toany of its functions.(2)Withoutlimitingsubsection(1)(a),thecommissionmayundertake research into—(a)police service methods of operations;
and(b)police powers and the use of police
powers; and(c)law enforcement by police; and(d)the continuous improvement of the
police service.Division 2Intelligence53Intelligence functionsThe commission
has the following functions (itsintelligencefunctions)—(a)toundertakeintelligenceactivities,includingspecificintelligenceoperationsauthorisedbythereferencecommittee,tosupporttheproperperformanceofitsfunctions;(b)to
hold intelligence function hearings;(c)to
analyse the intelligence data collected to support itsfunctions;(d)tominimiseunnecessaryduplicationofintelligencedata;Current as at [Not applicable]Page
65
Crime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 54](e)toensurethatintelligencedatacollectedandheldtosupportitsfunctionsisappropriatefortheproperperformance of
its functions.Notauthorised—indicativeonly54Database of
intelligence informationThecommissionmustbuildupadatabaseofintelligenceinformation for
use in support of all of its functions using forthepurposeinformationacquiredbyitfromanysourceavailable to it,
including, for example—(a)its own
operations; and(b)the police service; and(c)sourcesoftheCommonwealthoranyStatesupplyingintelligence information to it.55Access to intelligence information
held by police serviceThe commissioner of police must give
the chairperson accesstointelligenceinformationheldbythepoliceserviceasrequiredbythechairpersonassoonaspossibleafterreceiving the request.Division
2ASpecific intelligence operations55AAuthorising specific intelligence
operation(1)The section applies if the reference
committee is satisfied thatthere are
reasonable grounds to suspect that—(a)acriminalorganisation,oraparticipantinacriminalorganisation,hasengagedin,isengagingin,orisplanning to
engage in, criminal activity; or(b)aperson,regardlessofwhetherthepersonholdsanappointment,hasengagedin,isengagingin,orisplanningtoengageincorruptiontosupportorhelpacriminalorganisationoraparticipantinacriminalorganisation.Page 66Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 55B](2)Thereferencecommitteemayauthorisethecommissiontoundertakeaspecificintelligenceoperation,includingbyholding hearings.(3)The
authorisation must be in writing and identify—(a)thecriminalorganisationorparticipanttobeinvestigated by the commission;
and(b)the suspected criminal activity or
corruption; and(c)the purpose of the intelligence
operation.(4)The authorisation may relate to any
circumstances implying,oranyallegations,thatparticularcriminalactivityorcorruption, is reasonably suspected.(5)The authorisation may be made by the
reference committee—(a)on its own
initiative; or(b)if asked by the senior executive
officer (crime) or thesenior executive officer
(corruption).(6)In this section—criminal
activitymeans any act or omission that involves
thecommission of an offence.hold
an appointmentmeans hold an appointment in a unit
ofpublic administration.55BMatters reference committee must
consider(1)Thereferencecommitteemayauthorisethecommissiontoundertake a specific intelligence operation
under section 55Aonly if it is satisfied—(a)as
required under the section; and(b)it
is in the public interest to authorise the commission toundertake the specific intelligence
operation.(2)Inconsideringthepublicinterest,thereferencecommitteemayalsohaveregardtothelikelyeffectivenessofaninvestigation into criminal activity
or corruption without theuse of powers available to the
commission under this division.Current as at
[Not applicable]Page 67
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 55C](3)In
this section—criminal activitymeans any act or
omission that involves thecommission of an offence.55CReference committee may give
commission directions(1)The reference
committee may give the commission directionsimposinglimitationsonthecommission’sintelligenceoperation under
an authorisation under section 55A, includinglimitations on
the exercise of the commission’s powers for theoperations.(2)The
reference committee may also direct the commission toend
a specific intelligence operation under an authorisation ifthe
committee considers—(a)itmaybemoreappropriateforanotherentitytoundertake the intelligence operation;
or(b)it may be more effective for another
entity to undertakethe intelligence operation; or(c)undertaking an intelligence operation
is not a justifiableuse of the commission’s resources;
or(d)the commission undertaking an
intelligence operation isnot in the public interest.(3)Thecommissionmustcomplywithadirectiongivenundersubsection (1)
or (2).(4)Thereferencecommitteemayamendthetermsofanauthorisationonitsowninitiativeorifaskedbytheseniorexecutiveofficer(crime)ortheseniorexecutiveofficer(corruption).(5)To
remove any doubt, it is declared that subsection (2)(d) isnot
limited by section 55B(2).Page 68Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 2BCrime and
Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 55D]Immediate responses to threats topublic safety55DAuthorising immediate response(1)Thissectionappliesifthereferencecommitteeissatisfiedtherearereasonablegroundstosuspectthatacriminalorganisationoraparticipantinacriminalorganisationhasengagedin,isengagingin,orisplanningtoengagein,anincident that threatens, has
threatened or may threaten publicsafety.(2)The reference committee may authorise
the commission to doeither or both of the following in
response to, or to prevent,the threat to
public safety—(a)undertake an investigation into the
incident;(b)conduct a hearing in relation to the
incident.(3)The authorisation must be in writing
and identify—(a)the criminal organisation or
participant that has engagedin,isengagingin,orisplanningtoengagein,theincident; and(b)the
nature of the incident; and(c)the
purpose of the investigation or hearing.(4)The
authorisation may be made by the reference committee—(a)on its own initiative; or(b)if asked by the senior executive
officer (crime) or thesenior executive officer
(corruption).55EMatters reference committee must
consider(1)Thereferencecommitteemayauthorisethecommissiontoundertake the investigation or conduct the
hearing only if thecommittee is satisfied—(a)as
required under section 55D(1); andCurrent as at
[Not applicable]Page 69
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 55F](b)it
is in the public interest to authorise the commission toundertaketheinvestigationorconductthehearinginresponse to, or to prevent, the threat to
public safety.(2)Inconsideringthepublicinterest,thereferencecommitteemayalsohaveregardtothelikelyeffectivenessofaninvestigation into criminal activity
or corruption without theuse of powers available to the
commission under this division.(3)In
this section—criminal activitymeans any act or
omission that involves thecommission of an offence.55FReference committee may give
commission directions(1)The reference
committee may give the commission directionsimposinglimitationsonthecommission’sinvestigationorhearing under an authorisation under section
55D, includinglimitations on the exercise of the
commission’s powers for theinvestigation or
hearing.(2)The reference committee may also
direct the commission toend an investigation or hearing under
an authorisation undersection 55D if the committee
considers—(a)itmaybemoreappropriateforanotherentitytoundertake the investigation or conduct
the hearing; or(b)it may be more effective for another
entity to undertakethe investigation or conduct the hearing;
or(c)undertaking the investigation or
conducting the hearingis not a justifiable use of the
commission’s resources; or(d)itisnotinthepublicinterestforthecommissiontoundertake the investigation or conduct the
hearing.(3)Thecommissionmustcomplywithadirectiongivenundersubsection (1)
or (2).(4)Thereferencecommitteemayamendthetermsofanauthorisationonitsowninitiativeorifaskedbytheseniorexecutiveofficer(crime)ortheseniorexecutiveofficer(corruption).Page 70Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 56](5)To remove any doubt, it is declared
that subsection (2)(d) isnot limited by section 55D(2).Notauthorised—indicativeonlyDivision 3Other
functions56Commission’s other functionsThe
commission also has the following functions—(a)the
witness protection function;Note—See
also theWitness Protection Act 2000.(b)a civil
confiscation function;Note—See also
theCriminal Proceeds Confiscation Act
2002.(c)a function conferred under another
Act.Part 5Performance of
functions57Commission to act independently
etc.Thecommissionmust,atalltimes,actindependently,impartially and
fairly having regard to the purposes of this Actand
the importance of protecting the public interest.58Independence of holders of judicial
office(1)The commission, when performing its
functions or exercisingits powers in relation to the
procedures and operations of Statecourts or in
relation to the conduct of a judicial officer, mustproceed having proper regard for, and proper
regard for theimportanceofpreserving,theindependenceofjudicialofficers.(2)To the extent a commission
investigation is, or would be, inrelationtoconductofajudicialofficer,thecommission’sCurrent as at
[Not applicable]Page 71
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 58]authoritytoconducttheinvestigationislimitedtoinvestigatingcorruptconductofakindthat,ifestablished,would warrant
the judicial officer’s removal from office.(3)However,subsection
(2)doesnotapplytoacommissioninvestigation
that is, or would be, in relation to conduct of ajudicial officer—(a)other than in the judicial officer’s
capacity as a judicialofficer; and(b)asamemberorrepresentativeofadecision-makingbody in a unit
of public administration.Examples of decision-making
bodies—a governing body, a board of
management(4)To the extent a commission
investigation is, or would be, inrelation to
conduct of a judicial officer, the investigation mustbe
conducted in accordance with appropriate conditions andproceduresagreedbythechairpersonandtheChiefJusticefrom
time to time.(5)Acommissionhearinginrelationtotheconductofthejudicial officer must be conducted by
the chairperson.(6)Thefunctionsandpowersofthecommissionaretobeperformed and
exercised by the chairperson who is to be takento constitute
the commission for the investigation.(7)However,thechairpersonmaydelegatethechairperson’sfunctionsandpowersunderthissection,includingthefunctionsandpowersmentionedinsubsection (6),foracommissioninvestigationmentionedinsubsection (3)toasenior officer.(8)In
this section—judicial officermeans—(a)a judge of, or other person holding
judicial office in, aState court; or(b)a
member of a tribunal that is a court of record.Page 72Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 59]59Commission to cooperate with other
entities(1)Thecommissionandunitsofpublicadministrationaretoworkcooperativelytoachieveoptimaluseofavailableresources.(2)In
performing its functions, the commission must—(a)liaisewith,andcoordinateitsactivitieswiththeactivitiesof,unitsofpublicadministrationtoavoidneedlessduplicationoftheworkoftheunitsforthepurpose of performing the commission’s
functions; and(b)haveregardtotheactivities,findingsandrecommendations of entities outside
the State, includingoutsideAustralia,thathavefunctionssimilartothecommission—(i)torelateandadapttheactivities,findingsandrecommendations of the entities to the
needs of theState; and(ii)toavoidneedlessduplicationoftheworkoftheentitiesforthepurposeofperformingthecommission’s functions.60Use
and disclosure of information, document or thing(1)The commission may use any
information, document or thinginthecommission’spossessioninperformingthecommission’s functions.(2)Thecommissionmaygiveintelligenceinformationorotherinformationtoanyentitythecommissionconsidersappropriate, including, for example—(a)a unit of public administration;
and(b)a law enforcement agency; and(c)the auditor-general; and(d)a commissioner under the Electoral Act
1992; and(e)the ombudsman.Current as at
[Not applicable]Page 73
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 2 Commission functions, investigations
and reporting[s 61]Note—See
section 213 in relation to making a record of, or wilfully
disclosing,information given to a person under this
section on the understanding,express or
implied, that the information is confidential.61Commission’s functions not to limit proper
performanceof similar functions by other
entities(1)The conferral of functions on the
commission does not limitpolice power or the power of another
entity to perform similarfunctions.(2)Subsection (1) is subject to sections 47 and
48.Part 6ReportingDivision 1Application63Application of pt 6Thispartdoesnotapplyinrelationtotheperformanceofcrime functions.Division 2Commission reports64Commission’s reports—general(1)The commission may report in
performing its functions.(2)The commission
must include in each of the reports—(a)anyrecommendations,including,ifappropriateandafterconsultingwiththecommissionerofpolice,arecommendationthatthePoliceMinistergiveadirection to the commissioner of police
under the PoliceService Administration Act, section 4.6;
andPage 74Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 65](b)an objective summary of all matters of
which it is awarethatsupport,opposeorareotherwiserelevanttoitsrecommendations.(3)If
the Police Minister decides not to give a direction under
thePoliceServiceAdministrationAct,section 4.6followingarecommendationmadeundersubsection
(2)(a),thePoliceMinister must
table in the Legislative Assembly, after givingthe
reasons—(a)a copy of the recommendation;
and(b)the Minister’s reasons for not giving
the direction.(4)The commission may also include in a
report any comments itmay have on the matters mentioned in
subsection (2)(b).(5)In this section—Police
Ministermeans the Minister administering the
PoliceService Administration Act.Police Service Administration Actmeans thePolice
ServiceAdministration Act 1990.65Commission reports—court
procedures(1)This section applies to a commission
report about—(a)the procedures and operations of a
State court; or(b)theproceduresandpracticesoftheregistryoradministrative offices of a State
court.(2)The report may be given only
to—(a)theChiefJustice,ifthereportdealswithmattersrelevant to the Supreme Court; or(b)the Chief Judge of the District Court,
if the report dealswith matters relevant to the District Court;
or(c)the President of the Childrens Court,
if the report dealswith matters relevant to the Childrens
Court; or(d)theChiefMagistrate,ifthereportdealswithmattersrelevant to the Magistrates Courts;
orCurrent as at [Not applicable]Page
75
Crime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 66](e)thejudicialofficer,ortheprincipaljudicialofficerifthere is more than 1 judicial officer, in
the court, or thesystem of courts, to which the matters dealt
with in thereport are relevant.Notauthorised—indicativeonlyDivision 3Confidential
information66Maintaining confidentiality of
information(1)Despite any other provision of this
Act about reporting, if thecommissionconsidersthatconfidentialityshouldbestrictlymaintainedinrelationtoinformationinitspossession(confidential information)—(a)the commission need not make a report
on the matter towhich the information is relevant; or(b)if the commission makes a report on
the matter, it neednot disclose the confidential information or
refer to it inthe report.(2)Ifthecommissiondecidesnottomakeareporttowhichconfidential
information is relevant or, in a report, decides nottodiscloseorrefertoconfidentialinformation,thecommission—(a)may
disclose the confidential information in a separatedocument to be given to—(i)the
Speaker; and(ii)the Minister;
and(b)must disclose the confidential
information in a separatedocument to be given to the
parliamentary committee.(3)Amemberoftheparliamentarycommitteeorapersonappointed,engagedorassignedtohelpthe committee
mustnotdiscloseconfidentialinformationdisclosedtotheparliamentarycommitteeorpersonundersubsection (2)(b)until the
commission advises the committee there is no longeraneedtostrictlymaintainconfidentialityinrelationtotheinformation.Page 76Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 67]Maximumpenalty—85penaltyunitsor1year’simprisonment.(4)Despitesubsection
(2)(b),thecommissionmayrefusetodisclose information to the parliamentary
committee if—(a)amajorityofthecommissionersconsidersconfidentiality should continue to be
strictly maintainedin relation to the information; and(b)thecommissiongivesthecommitteereasonsforthedecision in as
much detail as possible.67Register of
confidential information(1)Thecommissionmustmaintainaregisterofinformationwithheldundersection
66(4)andadvisetheparliamentarycommitteeimmediatelyaftertheneedtostrictlymaintainconfidentiality in relation to the
information ends.(2)The parliamentary committee or a
person appointed, engagedor assigned to help the committee who
is authorised for thepurposebythecommitteemay,atanytime,inspectintheregisterinformationthecommissionhasadvisedthecommittee is no longer required to be
strictly maintained asconfidential.(3)The
parliamentary commissioner may inspect information onthe
register at any time, regardless of whether the commissionhas
advised the parliamentary committee the information is nolonger required to be strictly maintained as
confidential.(4)Theparliamentarycommitteemaynotrequiretheparliamentarycommissionertodisclosetothecommitteeinformationinspectedbythecommissionerontheregister,unlessthecommissionhasadvisedthecommitteetheinformation is no longer required to be
strictly maintained asconfidential.68Giving of reasonsInformationorreasonsmentionedinsection 66(2)or(4)or67(1)—Current as at [Not applicable]Page
77
Crime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 69](a)may be given in writing or orally;
and(b)are not a report or part of a report
for section 69.Notauthorised—indicativeonlyDivision 4Tabling
requirements69Commission reports to be tabled(1)This section applies to the following
commission reports—(a)a report on a public hearing;(b)a research report or other report that
the parliamentarycommittee directs be given to the
Speaker.(2)However,thissectiondoesnotapplytothecommission’sannual report,
or a report under section 49 or 65, or a report towhich section 66 applies.(3)Acommissionreport,signedbythechairperson,mustbegiven to—(a)the
chairperson of the parliamentary committee; and(b)the
Speaker; and(c)the Minister.(4)The
Speaker must table the report in the Legislative Assemblyon
the next sitting day after the Speaker receives the report.(5)IftheSpeakerreceivesthereportwhentheLegislativeAssembly is not
sitting, the Speaker must deliver the reportandanyaccompanyingdocumenttotheclerkoftheParliament.(6)Theclerkmustauthorisethereportandanyaccompanyingdocument to be
published.(7)Areportpublishedundersubsection (6)istaken,forallpurposes, to have been tabled in and
published by order of theLegislative Assembly and is to be
granted all the immunitiesand privileges of a report so tabled
and published.(8)The commission, before giving a report
under subsection (1),may—Page 78Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 2 Commission functions,
investigations and reporting[s 70](a)publishorgiveacopyofthereporttothepublisherauthorised to
publish the report; and(b)arrange for the
prepublishing by the publisher of copiesof the report
for this section.Notauthorised—indicativeonlyDivision 5General70Giving material to tribunal inquiring
into judge’smisbehaviour or incapacity(1)ThissectionappliesifatribunalestablishedundertheConstitution of Queensland 2001,
section 61 is inquiring intowhether a
Supreme Court judge or a District Court judge hasmisbehavedinawaythatjustifiesremovalfromajudicialofficeorisincapableofperformingthedutiesofajudicialoffice.(2)Atthetribunal’srequest,thecommissionmustgivethetribunal all material in the commission’s
possession relevantto the subject of the tribunal’s inquiry,
including any relevantreport of the commission.71Giving other information to
parliamentary committeeThecommissionmay,withtheparliamentarycommittee’sconsent, give
the parliamentary committee information, orallyor in writing,
whether or not at the request of the committee,that is not
included in a report under section 69.71AReport containing adverse comment(1)Thissectionappliesifthecommissionproposestomakeanadverse comment about a person in a report
to be tabled intheLegislativeAssembly,orpublishedtothepublic,underthis
Act.(2)Thecommissionmustnotmaketheproposedadversecommentunless,beforethereportisprepared,theCurrent as at [Not applicable]Page
79
Crime
and Corruption Act 2001Chapter 3 Powers[s 72]commissiongivesthepersonanopportunitytomakesubmissions
about the proposed adverse comment.(3)Ifthepersonmakessubmissionsandthecommissionstillproposes to make the adverse comment, the
commission mustensure the person’s submissions are fairly
stated in the report.Notauthorised—indicativeonlyChapter 3PowersPart
1Particular powers to requireinformation or attendanceDivision 1Particular
powers in relation tounits of public administrationSubdivision 1Crime
investigations and specificintelligence
operations (crime)72Power to require information or
documents(1)This section applies only for a crime
investigation or specificintelligence operation (crime).(2)The chairperson may, by notice given
to a person holding anappointmentinaunitofpublicadministration,requiretheperson, within the reasonable time and
in the way stated in thenotice, to give an identified
commission officer—(a)an oral or written statement of
information of a statedtyperelevanttoacrimeinvestigationorspecificintelligence
operation (crime) that is in the possession ofthe unit;
or(b)a stated document or other stated
thing, or a copy of astateddocument,relevanttoacrimeinvestigationorPage
80Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 72]specificintelligenceoperation(crime)thatisintheunit’s possession; or(c)all
documents of a stated type, or copies of documentsof
the stated type, containing information relevant to acrimeinvestigationorspecificintelligenceoperation(crime) that are in the unit’s
possession.(3)The chairperson may, by notice given
to a person holding anappointmentinaunitofpublicadministration,requiretheperson—(a)toattendbeforeanidentifiedcommissionofficeratareasonable time
and place stated in the notice; and(b)at
the time and place stated in the notice, to give to theofficer a document or thing stated in the
notice that—(i)relates to the performance by the unit
of the unit’sfunctions; and(ii)isrelevanttoacrimeinvestigationorspecificintelligence
operation (crime).(4)The person must comply with a notice
under subsection (2) or(3), unless the person has a
reasonable excuse.Maximumpenalty—85penaltyunitsor1year’simprisonment.(5)Apersonwhofailstocomplywithanoticeundersubsection (2) or (3) does not commit an
offence if—(a)theinformation,documentorthingissubjecttoprivilege; or(b)a
provision of another Act prescribed under a regulationforthissubsectionexcusescompliancewiththerequirement.Note—If a
claim of privilege is made, the commission officer is required
toconsidertheclaimundersection 77and,iftherequirementisnotwithdrawn,thepersonmayberequiredtoattendatacommissionhearing to
establish the claim.Current as at [Not applicable]Page
81
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 73](6)Apersondoesnot,bycomplyingwithanoticeundersubsection (2) or (3) in relation to the
information, documentor thing—(a)contravene a provision of an Act or a law
imposing astatutoryorcommercialobligationorrestrictiontomaintainsecrecyinrelationtotheinformation,document or
thing; or(b)incuranycivilliabilityinrelationtotheinformation,document or
thing.(7)The notice must—(a)statewhetheritrelatestoacrimeinvestigationoraspecific intelligence operation
(crime); and(b)foranoticerequiringastatementofinformation—indicate briefly
the general nature of the information byreferencetoaparticularmatterortothetypeofinformation sought; and(c)for
a notice requiring the giving of a document or otherthing—identifythedocumentorthingsufficientlytoenable the person to know what is
required.Subdivision 2Corruption
investigations73Power to enter etc.(1)This section applies only for a
corruption investigation.(2)Thechairpersonmay,bynotice,authoriseacommissionofficer to
exercise powers under this section.(3)A
commission officer authorised under subsection (2) may—(a)enter and search official premises;
or(b)inspectanydocumentorthingfoundinoronofficialpremises that
is, or might be, relevant to the corruptioninvestigation;
orPage 82Current as at
[Not applicable]
Crime
and Corruption Act 2001Chapter 3 Powers[s 73]Notauthorised—indicativeonly(c)seize and remove from official
premises any documentor thing found in or on the premises
that is relevant to acorruption investigation; or(d)make copies of or extracts from a
document mentionedin paragraph (b) or (c); or(e)requireapersonholdinganappointmentinaunitofpublic administration to give the officer
reasonable helpto exercise the powers mentioned in
paragraphs (b) to(d).(4)A
person does not, by allowing the exercise of a power undersubsection (3) in relation to a document or
thing—(a)contravene a provision of an Act or a
law imposing astatutoryorcommercialobligationorrestrictiontomaintain secrecy in relation to the document
or thing; or(b)incuranycivilliability
inrelationtothedocumentorthing.(5)However, the commission officer must not
exercise a powerunder subsection (3)(b), (c) or (d) if the
chief executive officeroftheunit,orapersonauthorisedbythechiefexecutiveofficer for the purpose, claims that the
document or thing issubject to privilege.Note—If a claim of
privilege is made, the commission officer is required toconsidertheclaimundersection 80and,iftherequirementisnotwithdrawn, the person may apply to, or
be required to attend before, theSupreme Court to
establish the claim under section 196.(6)Acommissionofficerexercisingpowersunderthissectionmust, if asked
by the occupier of the official premises, or aperson acting
for the occupier, produce for inspection by theoccupierorpersonthechairperson’sauthorityunderwhichthe
officer purports to act.(7)In this
section—official premisesmeans premises
occupied or used by, or forthe official
purposes of, a unit of public administration, butdoes
not include any part of premises that is occupied or usedby
or for the purposes of any State court.Current as at
[Not applicable]Page 83
Crime
and Corruption Act 2001Chapter 3 Powers[s 74]Division 2Notice to
produce or discoverNotauthorised—indicativeonlySubdivision 1Crime
investigations, specificintelligence operations (crime)
andwitness protection function74Notice to produce for crime
investigation, specificintelligence operation (crime) or
witness protectionfunction(1)This
section applies only for the following—(a)a
crime investigation;(b)a specific
intelligence operation (crime);(c)the
witness protection function.(2)The
chairperson may, by notice (notice to
produce) given to aperson, require
the person, within the reasonable time and inthe way stated
in the notice, to give an identified commissionofficerastateddocumentorthingthatthechairpersonbelieves,onreasonablegrounds,isrelevanttoacrimeinvestigation, a
specific intelligence operation (crime) or thewitness
protection function.(2A)The notice to
produce must state that it relates to—(a)a
crime investigation; or(b)a specific
intelligence operation (crime); or(c)without specifying which, a crime
investigation or thewitness protection function.(3)Ifthenoticetoproduceisgiveninthecontextofacrimeinvestigationorspecificintelligenceoperation(crime),thenoticemaybegivenwhetherornotthecommissionisconducting a hearing for the investigation
or operation.(3A)If the notice to
produce is given in the context of the witnessprotectionfunction,thenoticemaybegivenonlyifthechairperson
considers it is necessary to protect—Page 84Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 74](a)the security of a protected person;
or(b)the integrity of the witness
protection program or otherwitness
protection activities of the commission.(4)The
notice to produce may require the immediate productionof a
document or thing to a stated commission officer if thechairperson believes, on reasonable grounds,
that—(a)for a notice given in the context of a
crime investigation,delay in the production of the
document may result in—(i)its destruction,
removal or concealment; or(ii)seriousprejudicetotheconductoftheinvestigation; or(b)for
a notice given in the context of a specific intelligenceoperation(crime),delayintheproductionofthedocument may result in—(i)its destruction, removal or
concealment; or(ii)serious
prejudice to the conduct of the operation;or(iii)thelossofanopportunitytoobtaintimelyintelligence—(A)in
advance of a significant event; or(B)that
may help prevent a risk to public safety;or(c)foranoticegiveninthecontextofthewitnessprotectionfunction,delayintheproductionofthedocument may threaten—(i)the security of a protected person;
or(ii)the integrity of
the witness protection program orotherwitnessprotectionactivitiesofthecommission.(5)The
person must comply with the notice to produce, unlessthe
person has a reasonable excuse.Current as at
[Not applicable]Page 85
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 74A]Maximumpenalty—85penaltyunitsor1year’simprisonment.(6)A
person does not, by complying with the notice to produce inrelation to the document or thing—(a)contravene a provision of an Act or a
law imposing astatutoryorcommercialobligationorrestrictiontomaintain secrecy in relation to the document
or thing; or(b)incuranycivilliability
inrelationtothedocumentorthing.(7)A
person who fails to comply with a notice does not commitan
offence if the document or thing is subject to privilege.Note—If a claim of
privilege is made, the commission officer is required toconsidertheclaimundersection 77and,iftherequirementisnotwithdrawn,thepersonmayberequiredtoattendatacommissionhearing to
establish the claim.(8)A document or
thing produced under this section is taken tohave been seized
under a warrant under part 2.Subdivision
1AConfiscation related investigations74ANotice to produce for confiscation
related investigation(1)Thissectionappliesonlyforaconfiscationrelatedinvestigation.(2)The
chairperson may, by notice (notice to
produce) given to aperson, require
the person, within the reasonable time and inthe way stated
in the notice, to give an identified commissionofficerastateddocumentorthingthatthechairpersonbelieves, on
reasonable grounds, is relevant to a confiscationrelated investigation.(3)The
notice to produce may require the immediate productionof a
document or thing to a stated commission officer if thechairperson believes, on reasonable grounds,
that delay in theproduction of the document or thing may
result in—Page 86Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 75](a)its destruction, removal or
concealment; or(b)serious prejudice to the conduct of
the investigation.(4)The person must comply with the notice
to produce, unlessthe person has a reasonable excuse.Maximumpenalty—85penaltyunitsor1year’simprisonment.(5)A
person does not, by complying with the notice to produce inrelation to the document or thing—(a)contravene a provision of an Act or a
law imposing astatutoryorcommercialobligationorrestrictiontomaintain secrecy in relation to the document
or thing; or(b)incuranycivilliability
inrelationtothedocumentorthing.(6)A
person who fails to comply with a notice does not commitan
offence if the document or thing is subject to privilege.Note—If a claim of
privilege is made, the commission officer is required toconsider the claim under section 78B and, if
the requirement is notwithdrawn, the chairperson may apply
to a Supreme Court judge todecide the
claim.(7)A document produced under this section
is taken to have beenseized under a warrant under part
2.Subdivision 2Corruption
investigations andspecific intelligence operations(corruption)75Notice to discover information(1)This section applies—(a)onlyforacorruptioninvestigationoraspecificintelligence
operation (corruption); and(b)onlyifthechairpersonreasonablysuspectsthataperson, whether or not the person holds an
appointmentCurrent as at [Not applicable]Page
87
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 75]inaunitofpublicadministration,hasinformation,orpossessionofadocumentorthing,relevanttotheinvestigation or
operation.(2)The chairperson may, by notice
(notice to discover) given
tothe person, require the person, within the
reasonable time andinthewaystatedinthenotice,togiveanidentifiedcommission
officer—(a)an oral or written statement of
information of a statedtype relevant to the investigation or
operation that is inthe person’s possession; or(b)a stated document or other stated
thing, or a copy of astateddocument,relevanttotheinvestigationoroperation that is in the person’s
possession; or(c)all documents of a stated type, or
copies of documentsof the stated type, containing information
relevant to theinvestigationoroperationthatareintheperson’spossession.(3)The
person must comply with the notice.Maximumpenalty—85penaltyunitsor1year’simprisonment.(4)A
person does not, by complying with the notice to discoverin
relation to the information, document or thing—(a)contravene a provision of an Act or a law
imposing astatutoryorcommercialobligationorrestrictiontomaintainsecrecyinrelationtotheinformation,document or
thing; or(b)incuranycivilliabilityinrelationtotheinformation,document or
thing.(5)A person who fails to comply with the
notice does not commitan offence if the information,
document or thing—(a)is subject to privilege; or(b)is a secret process of manufacture
applied by the personsolely for a lawful purpose.Page
88Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 75A]Note—If a claim of
privilege is made, the commission officer is required toconsidertheclaimundersection 80and,iftherequirementisnotwithdrawn, the person may apply to, or
be required to attend before, theSupreme Court to
establish the claim under section 196.(6)Thechairpersonmayrequirethepersontogiveanoralstatement of
information under oath and a written statement ofinformation by way of statutory
declaration.(7)The notice to discover must—(a)state whether it relates to a
corruption investigation or aspecific
intelligence operation (corruption); and(b)ifitrequiresastatementofinformation—indicatebriefly the
general nature of the information the personissuspectedofhaving,byreferencetoaparticularmatter or to the
type of information sought; and(c)if
it requires the giving of a document or other thing—identify the document or thing sufficiently
to enable theperson to know what is required.(8)The notice—(a)may
provide that its requirement may be met by someperson acting
for the person to whom it is directed; and(b)may
specify the person or class of person who may soact.Division
2AFurther power to require productionof
documents or things at hearing75AApplication of div 2AThisdivisionappliesonlyforacrimeinvestigation,acorruption investigation or an intelligence
function hearing.Current as at [Not applicable]Page
89
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 75B]75BPower to require immediate
production(1)The presiding officer at a commission
hearing may require awitnessatthehearingtoimmediatelyproduceastateddocumentorthingthatthepresidingofficerbelieves,onreasonable grounds, is—(a)in
the witness’s possession; and(b)relevant to the investigation.Note—For a reasonable
excuse for not producing the document or thing, seesection 185 for a crime investigation or
intelligence function hearingand section 188
for a corruption investigation.(2)Thepresidingofficermayadjournthehearingtoallowtheperson to comply with the
requirement.(3)The person does not, by complying with
the requirement—(a)contravene a provision of an Act or a
law imposing astatutoryorcommercialobligationorrestrictiontomaintain secrecy in relation to the document
or thing; or(b)incuranycivilliability
inrelationtothedocumentorthing.Division 3Procedure on claim of privilegeSubdivision 1Crime
investigations and specificintelligence
operations (crime)76Application of sdiv 1Thissubdivisionappliesifapersonclaimsprivilegeundersection 72 or 74
in relation to information or a document orthing.Page
90Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 77]77Commission officer to consider
claimThecommissionofficermustconsidertheclaimandmaywithdrawtherequirementinrelationtowhichtheclaimismade
or advise the person that the person may be required toattend before a commission hearing to
establish the claim.Note—Iftherequirementisnotwithdrawn,thepersonmaybegivenanattendance notice under section 82 to attend
at a commission hearing toestablish the claim.78Procedure for documents subject to
claim of privilege(1)If—(a)the
claim is made in relation to a document or thing theperson is required to give or produce to the
commission;and(b)the person
acknowledges that the document or thing isin the person’s
possession; and(c)thecommissionofficerdoesnotwithdrawtherequirement;thecommissionofficermustrequirethepersontoimmediatelysealthedocumentorthingandgiveittothecommission
officer for safe keeping.(2)The person must
immediately seal the document or thing andgive it to the
commission officer for safe keeping.Maximumpenalty—85penaltyunitsor1year’simprisonment.(3)The
commission officer must—(a)givethepersonareceiptforthesealeddocumentorthing; and(b)placeitinsafecustodyatthecommission’splaceofbusiness at the earliest reasonable
opportunity.(4)A person must not open the sealed
document or thing unlessauthorised to open it under this Act
or a court order.Current as at [Not applicable]Page
91
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 78A]Maximumpenalty—85penaltyunitsor1year’simprisonment.(5)Thecommissionmustreturnanysealeddocumentorthinggiventothecommissionofficerbyapersonundersubsection (2)
within 7 days if the commission has not by theend of that
period given the person an attendance notice undersection 82(1)(a)(iii).Subdivision
1AConfiscation related investigations78AApplication of sdiv 1AThissubdivisionappliesifapersonclaimsprivilegeundersection 74A in
relation to a document or thing.78BCommission officer to consider claim of
privilegeThecommissionofficermustconsidertheclaimandmaywithdrawtherequirementinrelationtowhichtheclaimismade
or advise the person that the person may apply to, or berequired to attend before, the Supreme Court
to establish theclaim under section 195B.78CProcedure for documents subject to
claim of privilege(1)If—(a)the
claim is made in relation to a document or thing theperson is required to give or produce to the
commission;and(b)the document or
thing is in the person’s possession orthe person
acknowledges that the document or thing isin the person’s
possession; and(c)thecommissionofficerdoesnotwithdrawtherequirement;Page 92Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 78C]thecommissionofficermustrequirethepersontoimmediatelysealthedocumentorthingandgiveittothecommission
officer for safe keeping.(2)The person must
immediately seal the document or thing (thesealed
evidence) under the supervision of the
commission’srepresentative.Maximumpenalty—85penaltyunitsor1year’simprisonment.(3)Thepersonandthecommission’srepresentativemustimmediately deliver the sealed evidence to a
registrar of theSupreme Court to be held in safe
custody.Maximumpenalty—85penaltyunitsor1year’simprisonment.(4)The
registrar must keep the sealed evidence in safe custodyuntil—(a)application is made to a Supreme Court judge
to decidethe claim of privilege; or(b)theendof3courtdaysafterthedayonwhichthedocumentorthingisgiventotheregistrar,ifanapplication has not been made under
paragraph (a); or(c)theregistraristoldbythepersonandcommissionrepresentative
that agreement has been reached on thedisposal of the
sealed evidence.(5)The registrar must—(a)if an application is made to a Supreme
Court judge todecidetheclaimofprivilege—disposeofthesealedevidence in the
way ordered by the judge; or(b)if
an application is not made by the end of 3 court daysafter the day on which the document or thing
is given tothe registrar—return the sealed evidence to
the person;or(c)ifthepersonandcommissionrepresentativegivetheregistrar notice that an agreement on
the disposal of theCurrent as at [Not applicable]Page
93
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 79]sealed evidence has been reached—dispose of
the sealedevidence in the way agreed.Subdivision 2Corruption
investigations andspecific intelligence operations(corruption)79Application of sdiv 2Thissubdivisionappliesifapersonclaimsprivilegeundersection
73,75,94or111inrelationtoinformationoradocument or thing.80Commission officer to consider claim of
privilegeThecommissionofficermustconsidertheclaimandmaywithdrawtherequirementinrelationtowhichtheclaimismade
or advise the person that the person may apply to, or berequired to attend before, the Supreme Court
to establish theclaim under section 196.81Procedure for documents subject to claim of
privilege(1)If—(a)the
claim is made in relation to a document or thing theperson is required to give or produce to the
commission;and(b)the document or
thing is in the person’s possession orthe person
acknowledges that the document or thing isin the person’s
possession; and(c)thecommissionofficerdoesnotwithdrawtherequirement;thecommissionofficermustrequirethepersontoimmediatelysealthedocumentorthingandgiveittothecommission
officer for safe keeping.Page 94Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 81](2)The person must immediately seal the
document or thing (thesealed evidence) under the
supervision of the commission’srepresentative.Maximumpenalty—85penaltyunitsor1year’simprisonment.(3)Thepersonandthecommission’srepresentativemustimmediately deliver the sealed evidence to a
registrar of theSupreme Court to be held in safe
custody.Maximumpenalty—85penaltyunitsor1year’simprisonment.(4)The
registrar must keep the sealed evidence in safe custodyuntil—(a)application is made to a Supreme Court judge
to decidethe claim of privilege; or(b)theendof3courtdaysafterthedayonwhichthedocumentorthingisgiventotheregistrar,ifanapplication has not been made under
paragraph (a); or(c)theregistraristoldbythepersonandcommissionrepresentative
that agreement has been reached on thedisposal of the
sealed evidence.(5)The registrar must—(a)if an application is made to a Supreme
Court judge todecidetheclaimofprivilege—disposeofthesealedevidence in the
way ordered by the judge; or(b)if
an application is not made by the end of 3 court daysafter the day on which the document or thing
is given tothe registrar—return the sealed evidence to
the person;or(c)ifthepersonandcommissionrepresentativegivetheregistrar notice that an agreement on
the disposal of thesealed evidence has been reached—dispose of
the sealedevidence in the way agreed.Current as at [Not applicable]Page
95
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 82]Division 4Notice to
attend82Notice to attend
hearing—general(1)Thechairpersonmayissueanotice(attendancenotice)requiringapersontoattendatacommissionhearingatastated time and
place for 1 or more of the following purposesuntil
excused—(a)forahearinginrelationtoacrimeinvestigationorcorruption investigation—(i)to give evidence; or(ii)to produce a
stated document or thing; or(iii)toestablishareasonableexcuseorclaimofprivilege under section 72 or 74;(b)for a witness protection function
hearing—to establishthe reasonable excuse or claim of
privilege the subjectof the hearing;(c)for
an intelligence function hearing—(i)to
give evidence; or(ii)to produce a
stated document or thing.(2)An attendance
notice must state—(a)whether it is issued in the context
of—(i)a crime investigation; or(ii)without
specifying which, a crime investigation orthe witness
protection function; or(iii)a corruption
investigation; or(iv)the intelligence
function; and(b)sofarasreasonablypracticable,thegeneralnatureofthe matters about which the person may
be questioned atthe commission hearing.Page 96Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 82](3)A person does not, by giving evidence
or producing a stateddocumentorthingatahearingincompliancewithanattendance notice—(a)contravene a provision of an Act or a law
imposing astatutoryorcommercialobligationorrestrictiontomaintain secrecy in relation to the
evidence, documentor thing; or(b)incuranycivilliabilityinrelationtotheevidence,document or
thing.(4)A failure to comply with subsection
(2)(b) does not preventthe commission from questioning the
person about—(a)for an attendance notice issued in the
context of a crimeinvestigationorcorruptioninvestigation—anymatterthat
relates to an investigation; or(b)foranattendancenoticeissuedinthecontextofawitnessprotectionfunctionhearing—anymatterthatrelates to the
matter for which the attendance notice wasissued;
or(c)foranattendancenoticeissuedinthecontextofanintelligence function hearing—any
matter that relates tothe matter for which the attendance
notice was issued.(5)A person given an attendance notice
must not—(a)fail, without reasonable excuse, to
attend as required bythe notice; or(b)fail, without reasonable excuse, to continue
to attend asrequiredbythepresidingofficeruntilexcusedfromfurther
attendance.Maximumpenalty—200penaltyunitsor5yearsimprisonment.(6)If
the commission hearing is being held under an authorisationunder section 55D, the chairperson may issue
an attendancenoticerequiringapersontoattendimmediatelyatthecommission hearing at a stated
place.Current as at [Not applicable]Page
97
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 83](7)Thissection,otherthansubsection (6),issubjecttosection 85.83Notice to attend hearing—prisoner, patient
or forensicdisability client(1)Iftheattendancebeforethecommissionofaprisonerisrequired,thechairpersonmay,bynoticegiventothechiefexecutive (corrective services), direct that
chief executive toproduce the prisoner named in the notice at
a stated time andplace.(2)If
the attendance before the commission of a patient detainedinanauthorisedmentalhealthserviceundertheMentalHealthAct2016isrequired,thechairmanmay,bynoticegiventotheadministratoroftheservice,directtheadministrator to produce the patient
named in the notice at astated time and place.(2A)Iftheattendancebeforethecommissionofaforensicdisability
client detained in the forensic disability service isrequired, the chairperson may, by notice
given to the forensicdisability service administrator,
direct the forensic disabilityservice
administrator to produce the client named in the noticeat a
stated time and place.(3)A direction
mentioned in subsection (1), (2) or (2A) is lawfulauthority to the person to whom it is given
for production ofthe prisoner, patient or forensic disability
client as directed.(4)The person to whom the direction is
given must comply withthe direction.(5)A
prisoner, patient or forensic disability client produced
underthissectionremainsinthecustodyofthechiefexecutive(correctiveservices),hospitaladministratororforensicdisability
service administrator.(6)In this
section—administrator, of an
authorised mental health service, see theMental Health
Act 2016, schedule 3.Page 98Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 84]authorised mental health servicesee
theMental Health Act2016,
schedule 3.forensicdisabilityclientmeansaforensicdisabilityclientwithin the meaning of theForensic Disability Act 2011.forensicdisabilityservicemeanstheforensicdisabilityservicewithinthemeaningoftheForensicDisabilityAct2011.forensicdisabilityserviceadministratormeanstheadministrator within the meaning of
theForensicDisabilityAct 2011.prisonermeans a person
in the custody of the chief executive(corrective
services).Division 5Confidential
documents84Notice may be a confidential
document(1)A notice given by the chairperson
under this part may providethat it is a
confidential document.(2)Apersonmustnotdisclosetheexistenceofaconfidentialdocument to
anyone else, unless the person has a reasonableexcuse.Maximumpenalty—85penaltyunitsor1year’simprisonment.(3)It
is a reasonable excuse for a person to disclose the
existenceof a confidential document if—(a)the disclosure is made for the purpose
of—(i)seeking legal advice in relation to
the document oran offence against subsection (2); or(ii)obtaining
information in order to comply with thedocument;
or(iii)makingacomplainttotheparliamentarycommittee about
the document; orCurrent as at [Not applicable]Page
99
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 85](iv)the
administration of this Act; and(b)the
person informs the person to whom the disclosure ismade
that it is an offence to disclose the existence of thedocumenttoanyoneelseunlessthepersonhasareasonable excuse.Division 6Restriction on power85Notices requiring immediate attendance may
be issuedonly by or with the approval of a Supreme
Court judge(1)The chairperson may issuean
attendance notice requiring apersontoattendimmediatelyatacommissionhearingatastated place
only with the approval of a Supreme Court judge.(1A)Iftheattendancenoticeistobeissuedinthecontextofawitness protection function hearing,
the chairperson must givethejudgeacertificatestatingthatthenoticerelatestoawitness
protection function hearing.(2)The
judge may approve the issue of the attendance notice onlyif
the judge is satisfied, on reasonable grounds, that—(a)for a notice issued in the context of
a crime investigationorcorruptioninvestigation,delayinattendancemightresult in—(i)the
commission of an offence; or(ii)an
offender or suspected offender absconding; or(iii)the
loss or destruction of evidence; or(iv)serious prejudice to the conduct of an
investigationbeing conducted by the commission; or(b)for a notice issued in the context of
a witness protectionfunction hearing, delay in attendance
and resolution ofthe reasonable excuse or claim of privilege
the subjectof the hearing might threaten—(i)the security of a protected person;
orPage 100Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 85](ii)the integrity of
the witness protection program orotherwitnessprotectionactivitiesofthecommission; or(c)foranoticeissuedinthecontextofanintelligencefunctionhearingunderanauthorisationundersection 55A, delay in attendance might
result in the lossof an opportunity to obtain timely
intelligence—(i)in advance of a significant event;
or(ii)that may help
prevent a risk to public safety.Note—An
attendance notice issued under section 82(6) that requires
theimmediate attendance of someone at a
commission hearing doesnot require the court’s approval under
this section.(3)Subsection (3A) applies to an
attendance notice issued in thecontext of a
crime investigation or corruption investigation ortheperformanceoftheintelligencefunctionunderanauthorisation under section 55A.(3A)Thenoticeneednotstatethegeneralnatureofthemattersabout which the person may be questioned if
the chairpersonissatisfiedthat,intheparticularcircumstancesoftheinvestigation or the performance of
the function, stating thematters would prejudice the
effectiveness of the investigationor the
performance of the function.(4)Foranattendancenoticetobeissuedinthecontextofawitnessprotectionfunctionhearing,nothinginthissectionrequires the chairperson to give the
judge—(a)informationabouttheidentityorformeridentityofaprotected
person; or(b)details about the protection given to
a protected personor the reasons for the protection; or(c)informationabouttheidentityofanypersoniftheinformation would threaten—(i)the security of a protected person;
orCurrent as at [Not applicable]Page
101
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 85A](ii)the integrity of
the witness protection program orotherwitnessprotectionactivitiesofthecommission.(5)A
certificate mentioned in subsection (1A) is evidence of thematters stated in it.Part 2Search warrants generally85ADefinitions for partIn
this part—access informationmeans
information that is necessary for aperson to access
and read information stored electronically ona storage
device.employeeincludes a
person who works under a contract forservices.issuersee section
86(6).relevant evidencemeans—(a)evidenceofthecommissionofmajorcrimeorcorruption; or(b)evidence that may be confiscation related
evidence.specified personmeans a person
who—(a)is—(i)reasonablysuspectedofhavingcommittedanoffence for which a search warrant was
issued; or(ii)the owner of a
storage device; or(iii)in possession of
a storage device; or(iv)an employee of
the owner or person in possessionof a storage
device; or(v)a person who uses or has used a
storage device; orPage 102Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 86](vi)a person who is
or was a system administrator forthecomputernetworkofwhichastoragedeviceforms or formed a part; and(b)has a working knowledge of—(i)howtoaccessandoperateastoragedeviceoracomputernetworkofwhichthestoragedeviceforms or formed a part; or(ii)measures applied
to protect information stored on astorage
device.storage devicemeans a device
on which information may bestored
electronically, including a computer.stored,onastoragedevice,includesaccessiblethroughthedevice.86Search warrant applications(1)An authorised commission officer may
apply for a warrant toenter and search a place (search warrant) to
obtain—(a)evidenceofthecommissionofmajorcrimeorcorruption being investigated by the
commission; or(b)evidence that may be confiscation
related evidence.(2)TheapplicationmaybemadetoamagistrateorSupremeCourtjudge,unlesstheapplicationmustbemadetoaSupreme Court judge under subsection
(3).(3)The application must be made to a
Supreme Court judge if,whenenteringandsearchingtheplace,itisintendedtodoanything that may cause structural
damage to a building.(4)An application
under this section—(a)mustbeswornandstatethegroundsonwhichthewarrant is sought; and(b)must
fully disclose all matters, of which the authorisedcommissionofficerisaware,bothfavourableandadverse to the issuing of the warrant
sought; andCurrent as at [Not applicable]Page
103
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 87](c)mustincludeinformationrequiredunderaregulationaboutanysearchwarrantsissuedwithinthepreviousyearinrelationtotheplaceorapersonsuspectedofbeing involved in—(i)the
commission of the major crime or corruption towhich the
application relates; or(ii)theconfiscationrelatedactivitytowhichtheapplication relates; or(iii)thequalifyingoffence,orsuspectedqualifyingoffence, to
which the application relates.(5)Subsection (4)(c) applies only to—(a)informationkeptinaregisterthatthecommissionofficer may
inspect; and(b)information the officer otherwise
actually knows.(6)The magistrate or judge (theissuer) may refuse to
considerthe application until the commission officer
gives the issuerall the information the issuer requires
about the application inthe way the issuer requires.Example—Theissuermayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.87Issue of search warrant(1)The issuer may issue the search
warrant only if satisfied therearereasonablegroundsforsuspectingevidenceofthecommissionofmajorcrimeorcorruption,orconfiscationrelated
evidence—(a)is at the place; or(b)islikelytobetakentotheplacewithinthenext72hours.(2)The
issuer may provide in the warrant that the warrant is aconfidential document.Page 104Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 3 Powers[s 88]88Order in search warrants about
documentsTheissuermay,inthesearchwarrant,orderthepersoninpossession of documents at the place to give
to a commissionofficer all documents of a type stated in
the warrant.Notauthorised—indicativeonly88AOrder in search warrant about
information necessary toaccess information stored
electronically(1)The issuer may, in the search warrant,
order a specified personto do any of the following in relation
to a storage device in theperson’s possession, or to which the
person has access, at theplace—(a)give
a commission officer access to the device;(b)give
a commission officer access information and anyother
information or assistance necessary for the officerto
gain access to information stored on the device;(c)allow a commission officer to—(i)useaccessinformationtogainaccesstoinformation stored on the device;
and(ii)examine
information stored on the device to findout whether it
may be relevant evidence; and(iii)make
a copy of information stored on the devicethat may be
relevant evidence, including by usinganother storage
device; and(iv)convert
information stored on the device that mayberelevantevidenceintodocumentaryformoranother form that enables it to be
understood by acommission officer.(2)The
issuer may also, in the search warrant, order that, if thestoragedeviceisseizedandremovedfromtheplace,aspecifiedpersonisrequiredtodoathingmentionedinsubsection (1)(b) or (c) after the device
has been removed.(3)An order made under subsection (2)
must state—(a)the time at or by which the specified
person must give acommission officer the information or
assistance; andCurrent as at [Not applicable]Page
105
Crime
and Corruption Act 2001Chapter 3 Powers[s 88B](b)the place where the specified person
must provide theinformation or assistance; and(c)any conditions to which the provision
of the informationor assistance is subject.Notauthorised—indicativeonly88BOrder for access
information after storage device hasbeen
seized(1)This section applies if—(a)a storage device is seized under the
search warrant andremoved from the place; and(b)either—(i)the
search warrant did not contain an order madeunder section
88A(1) or (2); or(ii)the search
warrant contained an order made undersection88A(1)or(2)butfurtheraccessinformation is
required for a commission officer togain access to
information stored on the device thatmay be relevant
evidence.(2)Ontheapplicationofanauthorisedcommissionofficer,amagistrate or a judge may make an
order requiring a specifiedperson to do a
thing mentioned in section 88A(1)(b) or (c).(3)An
application made under subsection (2)—(a)maybemadeatanytimeafterthewarranthasbeenissued;
and(b)must be made—(i)if
the search warrant was issued by a judge—to aSupreme Court
judge; or(ii)if the search
warrant was issued by a magistrate—to a
magistrate.(4)An order made under subsection (2)
must state—(a)the time at or by which the specified
person must give acommission officer the information or
assistance; andPage 106Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 88C](b)the place where the specified person
must provide theinformation or assistance; and(c)any conditions to which the provision
of the informationor assistance is subject; and(d)that failure, without reasonable
excuse, to comply withthe order may be dealt with under the
Criminal Code,section 205A.(5)A
magistrate or a judge may make an order under subsection(2)onlyifsatisfiedtherearereasonablegroundsforsuspecting that information stored on
the storage device maybe relevant evidence.88CCompliance with order about
information necessary toaccess information stored
electronicallyA person is not excused from complying with
an order madeundersection88A(1)or(2)or88B(2)onthegroundthatcomplying with
it may tend to incriminate the person or makethe person
liable to a penalty.89Search warrant may be a confidential
document(1)Ifthesearchwarrantprovidesthatitisaconfidentialdocument,apersonmustnotdisclosetheexistenceofthewarranttoanyoneelseunlessthepersonhasareasonableexcuse.Maximumpenalty—85penaltyunitsor1year’simprisonment.(2)It
is a reasonable excuse for a person to disclose the
existenceof the warrant if—(a)the
disclosure is made—(i)for the purpose of seeking legal
advice in relationto the warrant or an offence against
subsection (1);or(ii)for the purpose
of obtaining information in order tocomply with the
warrant; orCurrent as at [Not applicable]Page
107
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 90](iii)forthepurposeofmakingacomplainttothecommission or the parliamentary
committee aboutthe warrant; or(iv)in
the course of the administration of this Act; and(b)the person informs the person to whom
the disclosure ismade that it is an offence to disclose the
existence of thewarranttoanyoneelseunlessthepersonhasareasonable excuse.90When
search warrant ends(1)A search warrant issued because there
are reasonable groundsfor suspecting there is evidence of
the commission of majorcrime or corruption or confiscation
related evidence at a placeends 7 days
after it is issued.(2)A search warrant issued because there
are reasonable groundsfor suspecting evidence of the
commission of major crime orcorruptionorconfiscationrelatedevidenceislikelytobetaken to a place within the next 72
hours ends 72 hours after itis
issued.91What search warrant must state(1)A search warrant must state—(a)thatastatedcommissionofficerorallcommissionofficers may
enter the place and exercise search warrantpowers at the
place; and(b)briefparticularsofthemajorcrime,corruption,confiscationrelatedactivity,qualifyingoffenceorsuspectedqualifyingoffenceforwhichthewarrantisissued; and(c)theevidence,ifany,thatmaybeseizedunderthewarrant; and(d)if
the warrant is to be executed at night, the hours whenthe
place may be entered; and(e)the day and time
the warrant ends.Page 108Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 92](2)If a magistrate or a judge makes an
order under section 88 or88A(1) or (2), the warrant must also
state that failure, withoutreasonable
excuse, to comply with the order may be dealt withunder—(a)for
section 88—the Criminal Code, section 205; or(b)for
section 88A(1) or (2)—the Criminal Code, section205A.92Powers under search warrants(1)An authorised commission officer has
the following powersunder a search warrant (search warrant powers)—(a)powertoentertheplacestatedinthewarrant(therelevant
place) and to stay on it for the time
reasonablynecessarytoexercisepowersauthorisedunderthewarrant and this section;(b)powertopassover,through,alongorunderanotherplace to enter the relevant place;(c)power to search the relevant place for
anything soughtunder the warrant;(d)powertoopenanythingintherelevantplacethatislocked;(e)power to detain anyone at the relevant place
for the timereasonablynecessarytofindoutifthepersonhasanything sought under the
warrant;(f)power to detain a person found at the
relevant place forthetimetakentosearchtheplaceiftheofficerreasonably
suspects the person has been involved in theunlawful
activity, the confiscation related activity or thequalifying offence;(g)power to dig up land;(h)power to seize a thing found at the relevant
place, or onapersonfoundattherelevantplace,thattheofficerreasonably
suspects may be evidence of the commissionCurrent as at
[Not applicable]Page 109
Crime
and Corruption Act 2001Chapter 3 Powers[s 92]Notauthorised—indicativeonlyoftheunlawfulactivityoranindictableoffenceorconfiscation related evidence;(i)power to muster, hold and inspect any
animal the officerreasonably suspects may be evidence of the
commissionof the unlawful activity or confiscation
related evidence;(j)powertophotographanythingtheofficerreasonablysuspectsmaybeevidenceofthecommissionoftheunlawful activity or confiscation
related evidence;(k)power to remove wall or ceiling
linings or floors of abuilding, or panels of a vehicle, to
search for evidence ofthe commission of the unlawful
activity or confiscationrelated evidence.(2)Also,anauthorisedcommissionofficerhasthefollowingpowersifauthorisedunderasearchwarrant(alsosearchwarrant powers)—(a)power to search anyone found at the
relevant place foranything sought under the warrant that can
be concealedon the person;(b)power to do whichever of the following is
authorised—(i)to search anyone or anything in or on
or about toboard, or be put in or on, a vehicle;(ii)to take a
vehicle to, and search for evidence of thecommissionoftheunlawfulactivitythatmaybeconcealed in a vehicle at, a place
with appropriatefacilities for searching the vehicle.(3)Powertodoanythingattherelevantplacethatmaycausestructural
damage to a building may be exercised only if thewarrant—(a)authorises the exercise of the power;
and(b)is issued by a Supreme Court
judge.(4)In this section—qualifying
offence, for a search warrant, means the
qualifyingoffence, or suspected qualifying offence, to
which the warrantrelates.Page 110Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 93]unlawful activity, for a search
warrant, means the major crimeor corruption to
which the warrant relates.93Copy of search
warrant to be given to occupier(1)If a
commission officer executes a search warrant for a placethat
is occupied, the officer must—(a)iftheoccupieroftheplaceispresent—givetotheoccupieracopyofthewarrantandastatementsummarising the
person’s rights and obligations underthe warrant;
or(b)iftheoccupierisnotpresent—leavethecopyinaconspicuous place.(2)However, if the search warrant is a
confidential document andthe occupier is not present, the
officer—(a)is not required to comply with
subsection (1)(b); and(b)must give to the
occupier a copy of the warrant and astatementsummarisingtheperson’srightsandobligationsunderthewarrantassoonaspracticableafter executing
the warrant.(3)If the officer reasonably suspects
giving the person the copymay frustrate or otherwise hinder the
investigation or anotherinvestigation,theofficermaydelaycomplyingwithsubsection (1),
but only for so long as—(a)the officer
continues to have the reasonable suspicion;and(b)thatofficeroranotherofficerinvolvedintheinvestigation remains in the vicinity
of the place to keepthe place under observation.94Limitation on search warrant powers
for corruptioninvestigations(1)This
section applies if—Current as at [Not applicable]Page
111
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 95](a)anauthorisedcommissionofficerwhoisexercisingsearchwarrantpowersforacorruptioninvestigationwishestoinspect,photographorseizeadocumentorthing under the warrant; and(b)a person who is entitled to claim the
privilege claims thedocument or thing is subject to
privilege.(2)Theauthorisedcommissionofficermustconsidertheclaimandmaywithdrawtherequirementinrelationtowhichtheclaim is made or advise the person that the
person may applyto,orberequiredtoattendbefore,theSupremeCourttoestablish the claim under section
196.(3)If the commission officer does not
withdraw the requirement,section 81 applies.(4)In this section—privilegedoesnotincludeprivilegeonthegroundofconfidentiality.Part 3Search of place to prevent lossof
evidence95Application of partThis
part applies only for a crime investigation.96Search to prevent loss of evidence(1)Thissectionappliesifanauthorisedcommissionofficerreasonably suspects—(a)athingatoraboutaplace,orinthepossessionofapersonatoraboutaplace,isevidenceofthecommissionofmajorcrimebeinginvestigatedbythecommission; and(b)unless the place is immediately entered and
searched—(i)the evidence may be concealed or
destroyed; orPage 112Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 97](ii)theforensicvalueoftheevidencemaybediminished.(2)Anauthorisedcommissionofficermayentertheplaceandexercisesearchwarrantpowers,otherthanpowertodosomething that may cause structural
damage to a building, atthe place as if they were conferred
under a search warrant.97Post-search
approval(1)Assoonasreasonablypracticableafterexercisingpowersundersection
96,theauthorisedcommissionofficermustapplytoamagistrateinwritingforanorderapprovingthesearch (post-search
approval order).(2)The application
must be sworn and state the grounds on whichit is
sought.(3)Theapplicantneednotappearattheconsiderationoftheapplication, unless the magistrate
otherwise requires.(4)The magistrate may refuse to consider
the application until theauthorisedcommissionofficergivesthemagistratealltheinformationthemagistraterequiresabouttheapplicationinthe
way the magistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.98Making of post-search approval
order(1)The magistrate may make a post-search
approval order only ifsatisfied the search was conducted in
the context of a crimeinvestigation and either of the
following apply—(a)inthecircumstancesexistingbeforethesearch,therewere
grounds for the authorised commission officer toreasonably suspect—(i)a
thing at or about the place, or in the possession ofa
person at or about the place, was evidence of theCurrent as at [Not applicable]Page
113
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 99]commission of major crime being investigated
bythe commission; and(ii)unlesstheplacewasimmediatelyenteredandsearched—(A)theevidencemayhavebeenconcealedordestroyed; or(B)the
forensic value of the evidence may havebeen
diminished;(b)having regard to the nature of the
evidence found duringthe search, it is in the public
interest to make the order.(2)The
magistrate may also make an order under section 118 or119,
whether or not a post-search approval order is made.99Appeal(1)Within28daysaftereitherofthefollowinghappens,theauthorised commission officer may
appeal against the order tothe Supreme
Court—(a)amagistraterefusestomakeapost-searchapprovalorder;(b)a
magistrate makes an order under section 98(2).(2)If
the authorised commission officer appeals, the officer mustretain any thing seized until the appeal is
decided.(3)Thecourtmaymakeanorderundersection 118or119,whether or not
the appeal is upheld.Page 114Current as at
[Not applicable]
Part
4Crime and Corruption Act 2001Chapter 3 Powers[s 100]Searching personsNotauthorised—indicativeonlyDivision 1General
provisions100General provisions about searches of
persons(1)An authorised commission officer
lawfully searching a personunder this Act
must—(a)ensure,asfarasreasonablypracticable,thewaytheperson is
searched causes minimal embarrassment to theperson;
and(b)take reasonable care to protect the
person’s dignity; and(c)unlessan
immediateandmorethoroughsearchofthepersonisnecessary,restrictasearchofthepersoninpublic to an examination of outer clothing;
and(d)if a more thorough search of the
person is necessary butdoes not have to be conducted
immediately, conduct amore thorough search of the person out
of public view,for example, in a room of a shop or, if a
police station isnearby, in the police station.Example for paragraph (c)—A
more thorough search may be immediately necessary becausethe
officer reasonably suspects the person to be searched mayhave
a bomb strapped to his or her body or has a concealedfirearm or knife.(2)Unlessanimmediatesearchisnecessary,thepersonconducting the
search must be either—(a)an authorised
commission officer of the same sex as theperson to be
searched; or(b)if there is no authorised commission
officer of the samesex available to search the person, someone
acting at thedirection of an authorised commission
officer and of thesame sex as the person to be searched;
or(c)adoctoractingatthedirectionofanauthorisedcommission
officer.Current as at [Not applicable]Page
115
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 101]Example—An immediate
search by a person of the opposite sex may be necessarybecause the person searched has a concealed
firearm or knife.101Taking a person to another place for
search(1)Ifitisimpracticabletosearchforathingthatmaybeconcealedonapersonwherethepersonis,theauthorisedcommissionofficermaytakethepersontoaplacewithadequate facilities for conducting the
search.Example—Tosearchapersonoutofpublicviewandcauseminimalembarrassment to the person, a person in a
casino may be taken toanother room in the casino.(2)Before taking a person to another
place for a search because itis impracticable
to search for a thing that may be concealed onthepersonwherethepersonis,theauthorisedcommissionofficer must
consider the following—(a)whetherthethingsoughtmaybeconcealedontheperson;(b)whether,foraneffectivesearch,thesearchshouldbeconducted somewhere else;(c)the need to protect the dignity of the
person.102Limitation on period of detention for
searchAn authorised commission officer who detains
a person for asearchmustnotdetainthepersonanylongerthanisreasonably necessary for the
purpose.103Dealing with persons who obstruct
search of person(1)If a person (theobstructing
person) obstructs an authorisedcommissionofficerconductingalawfulsearchoftheobstructingpersonoranotherperson,anauthorisedcommission
officer must, if reasonably practicable—Page 116Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 104](a)warn the obstructing person it is an
offence to obstructan authorised commission officer in the
performance ofthe officer’s duties; and(b)give the obstructing person a
reasonable opportunity tostop obstructing the search.(2)Itmaynotbereasonablypracticableforanauthorisedcommissionofficertocomplywithsubsection (1)if,forexample—(a)thereisanimmediateorsuddenneedtouseforcebecause, for example, the person is
struggling with anauthorised commission officer; or(b)thereisareasonableexpectationthat,ifwarned,thepersonmayimmediatelydisposeof,ordestroy,evidence; or(c)an
immediate search is necessary to protect the safety ofany
person.Division 2Searches
involving removal ofclothing104Application of divisionThis division
applies only for a crime investigation.105Removal of clothing for searchAn
authorised commission officer conducting the search of apersonunderthisActmayrequireapersontoremoveallitems of clothing or all items of outer
clothing from—(a)if the person is a female—the upper or
lower part of thebody; or(b)if
the person is a male—the lower part of the body.Current as at [Not applicable]Page
117
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 106]106Protecting the dignity of persons
during search(1)If reasonably practicable—(a)theauthorisedcommissionofficermust,beforeconducting the search—(i)tell
the person he or she will be required to removeclothing during
the search; and(ii)tell the person
why it is necessary to remove theclothing;
and(iii)ask for the
person’s cooperation; and(b)thepersonmustbegiventheopportunitytoremainpartlyclothedduringthesearch,forexample,byallowingthepersontodresshisorherupperbodybefore being
required to remove items of clothing fromthe lower part
of the body.(2)The search must be conducted in a way
providing reasonableprivacy for the person.Example for subsection (2)—Reasonable privacy may be provided by
conducting the search in a waythat ensures, as
far as reasonably practicable, the person being searchedcan
not be seen by anyone of the opposite sex and by anyone who
doesnot need to be present.(3)Also, the search must be conducted as
quickly as reasonablypracticable and the person searched
must be allowed to dressas soon as the search is
finished.(4)Aregulationmayprescribeotherrequirementsandproceduresforensuringtheeffectivecarryingoutofthesearch.107Special requirements for searching children
and personswith impaired capacity(1)If a
person to be searched is a child, or a person with impairedcapacity, who may not be able to understand
the purpose ofthesearch,theauthorisedcommissionofficermustconductthe
search in the presence of a support person.Page 118Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 108](2)However, the officer may search the
person in the absence of asupport person if the officer
reasonably suspects—(a)delaying the
search is likely to result in evidence beingconcealed or
destroyed; or(b)an immediate search is necessary to
protect the safety ofa person.108If
video cameras monitor place where person is searched(1)Ifavideocameramonitorstheareawherethepersonissearched, the authorised commission officer
must, unless thepersonviewingthemonitorisanauthorisedcommissionofficer of the
same sex as the person being searched—(a)ensure the camera is turned off; or(b)conduct the search out of view of the
camera.(2)If the video camera is not turned off,
a recording of the searchmust not be shown to anyone other
than—(a)the person searched or his or her
lawyer; or(b)a doctor treating the person searched;
or(c)a person deciding if a proceeding is
to be started againstthe person for an offence; or(d)anauthorisedcommissionofficerinvestigatinganoffence involving the person; or(e)an authorised commission officer,
police officer, lawyer,publicprosecutororwitnessinvolvedinaproceedingagainst the
person; or(f)a court.Part 5Seizing property109Definitions for pt 5In this
part—Current as at [Not applicable]Page
119
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 110]courtincludesQCATexercisingitsjurisdictionunderthisAct.prosecutionincludesstartingadisciplinaryproceedingforcorrupt conduct before QCAT.110General power to seize evidence—crime
investigation(1)Thissectionappliesifacommissionofficerconductingacrime investigation lawfully enters a place,
or is at a publicplace,andfindsattheplaceathingtheofficerreasonablysuspects is
evidence of the commission of major crime thatthe commission
is investigating.(2)The officer may seize the thing,
whether or not as evidenceunder a warrant and, if the place is
entered under a warrant,whether or not the warrant was issued
for the major crime.(3)Also, the
officer may—(a)photograph the thing seized or the
place from which thething was seized; and(b)stay at the place and re-enter it for
the time reasonablynecessary to remove the thing from the
place.(4)If the thing is seized at a place
entered under a covert searchwarrant,section 117appliesasifthethinghadbeenseizedunder the warrant.(5)Otherwise, sections 113 to 115 apply as if
the thing had beenseized under a warrant under part 2.110AGeneral power to seize
evidence—confiscation relatedinvestigation(1)Thissectionappliesifacommissionofficerconductingaconfiscation related investigation who
lawfully enters a placeunder a search warrant—(a)finds at the place a thing the officer
reasonably suspectsis—Page 120Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 110A](i)confiscation related evidence for any
confiscationrelatedinvestigationbeingconductedbythecommission; or(ii)admissibleevidenceofanindictableoffenceagainstthelawoftheCommonwealthorofanyState;
andNote—Subparagraph(ii)dealswiththepossibilitythatotherevidenceofoffencesmaybefoundattheplaceeventhoughentryismadeforthepurposeoffindingconfiscation
related evidence.(b)reasonablybelievesthatitisnecessarytoseizethething—(i)topreventitsloss,destruction,mutilationorconcealment; or(ii)to
prevent its use for a confiscation related activityor
for committing an offence of a kind mentionedin paragraph
(a).(2)The officer may seize the
thing.(3)However,ifapersonwhoisentitledtoclaimtheprivilegeclaimsthedocumentorthingissubjecttoprivilege,thecommission officer must consider the claim
and may—(a)withdraw the requirement in relation
to which the claimis made; or(b)advisethepersonthatthepersonmayapplyto,orberequired to
attend before, the Supreme Court to establishthe claim under
section 195B.(4)Ifaclaimofprivilegeismadeandthecommissionofficerdoes
not withdraw the requirement, section 78C applies.(5)In this section—privilegedoesnotincludeprivilegeonthegroundofconfidentiality.Current as at
[Not applicable]Page 121
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 111]111General power to seize
evidence—corruptioninvestigation(1)Thissectionappliesifacommissionofficerconductingacorruption investigation who lawfully enters
a place under asearch warrant—(a)finds at the place a thing the officer
reasonably suspectsis admissible evidence of an indictable
offence againstthe law of the Commonwealth or of any State;
and(b)reasonablybelievesthatitisnecessarytoseizethething—(i)topreventitsloss,destruction,mutilationorconcealment; or(ii)to
prevent its use for committing an offence of akind mentioned
in paragraph (a).(2)The officer may seize the
thing.(3)However,ifapersonwhoisentitledtoclaimtheprivilegeclaimsthedocumentorthingissubjecttoprivilege,theauthorisedcommissionofficermustconsidertheclaimandmay—(a)withdraw the requirement in relation to
which the claimis made; or(b)advisethepersonthatthepersonmayapplyto,orberequired to
attend before, the Supreme Court to establishthe claim under
section 196.(4)Ifaclaimofprivilegeismadeandthecommissionofficerdoes
not withdraw the requirement, section 81 applies.(5)In this section—privilegedoesnotincludeprivilegeonthegroundofconfidentiality.Page 122Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 112]112Receipt for seized property(1)Ifacommissionofficerseizesanythingunderthischapter,other than under
a covert search warrant, the officer must, assoon as is
reasonably practicable after seizing the thing—(a)if
the person from whom it is seized is present—give tothe
person a receipt for the thing; or(b)otherwise—leaveareceiptforthethinginaconspicuous place.(2)Thereceiptmustdescribethethingseizedandincludeanyother information required under a
regulation.(3)However, if the officer reasonably
suspects giving the personthe receipt may frustrate or otherwise
hinder the investigationor another investigation, the officer
may delay complying withsubsection (1), but only for so long
as—(a)the officer continues to have the
reasonable suspicion;and(b)theofficeroranotherofficerinvolvedintheinvestigation remains in the vicinity
of the place to keepit under observation.(4)Also,thissectiondoesnotapplyiftheofficerreasonablybelieves there
is no-one apparently in possession of the thingor the thing has
been abandoned.(5)The officer must ensure the details of
the search and anythingseized are recorded in the warrants
register.113Application for order in relation to
seized things(1)Within30daysafteracommissionofficerseizesanythingunder this chapter (other than section 165),
the officer mustapply to a magistrate for an order under
section 114 about thething seized, unless—(a)a proceeding has been started in which
the thing may berelevant; orCurrent as at
[Not applicable]Page 123
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 114](b)consent to the continued keeping of
the thing has beengivenbytheownerorthepersonwhohadlawfulpossession of
the thing before it was seized; or(c)itisdestroyedordealtwithundertheauthorityofanother Act; or(d)anorderhasbeenmadeaboutthethingundersection 156(4).(2)The
commission officer must also make an application to amagistrateforanorderundersection 114aboutthethingseized within 30
days after either of the following happens—(a)aproceedingstartedaboutthethingisdiscontinuedwithout any
order being made in relation to the thing;(b)the
consent of the owner of the thing or the person whohad
lawful possession of the thing before it was seized iswithdrawn.(3)Anapplicationundersubsection (1)or(2)mustbeaccompanied by any warrant under which the
thing is seized,with a record on it under section
339.114Orders magistrate may make in relation
to seized thingThe magistrate may, in relation to the
seized thing, order—(a)that it be kept
in the possession of the commission oranother law
enforcement agency—(i)untiltheendofanyinvestigationinrelationtowhichthethingmayberelevantandforareasonabletimeafterwardstoenablethecommissiontodecidewhetherachargeistobelaid; or(ii)until the end of
any proceeding in which the thingmay be relevant;
or(iii)until the end of
any appeal against a decision in aproceeding in
which the thing is relevant; orPage 124Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 115](b)that it be returned, or photographed
and returned, to itsownerorthepersonwhohadlawfulpossessionofitbeforeitwasseizedonconditionthattheownerorpersonundertakestoproduceitbeforeacourtinanylater proceeding involving the thing;
or(c)thatitbereturnedtothepersonwhothemagistratebelieves is
lawfully entitled to possess it; or(d)if
the person entitled to possess the thing is unknown,that
the thing be disposed of; or(e)that
it be disposed of or destroyed; or(f)thatitbedealtwithbywayofaproceedingundersection 118 or 119; or(g)thatitbedealtwithbywayofproceedingundertheJustices Act 1886, section 39;
or(h)thatitbedisposedofordestroyedinthewaythemagistrate orders.115Disposal of seized things at end of
proceeding(1)Attheendofaproceeding,acourtmaymakeanyofthefollowing orders
in relation to a thing seized—(a)an
order for the return, forfeiture, destruction or disposalof
the thing;(b)anorderthatthethingbedealtwithbywayofaproceeding under theJustices Act 1886, section
39;(c)an order that the commission retain
the thing until it isdealt with according to law.(2)AthingthatisforfeitedunderanorderunderthisActbecomes the property of the State.116Right to inspect seized
documents(1)Unless a justice otherwise orders, the
commission, or anotherlaw enforcement agency in whose
possession it is, must allowCurrent as at
[Not applicable]Page 125
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 117]apersonwhowouldbeentitledtoadocumentinthepossession of the commission or an
agency—(a)toinspectitatanyreasonabletimeandfromtimetotime; and(b)to
take extracts from or make copies of it.(2)Thecommissionortheotherlawenforcementagencymayrefusetocomplywithsubsection (1)ifthecommissionoragencyreasonablysuspectscomplyingwiththesubsectionwillenablethepersontorepeatorcontinueanoffenceofwhich the document is evidence or to commit
another offence.117Return of seized thingsThecommission,oranotherlawenforcementagencyinwhosepossessionitis,mustreturnaseizedthinginthepossession of
the commission or agency to its owner—(a)if
the thing is required as evidence for a prosecution andsubject to any order made by a court—at the
end of theprosecution and any appeal from the
prosecution; or(b)immediatelythecommissionoragencystopsbeingsatisfied its
retention as evidence is necessary.118Application by owner etc. for return of
things(1)This section applies to a thing that
has been in the possessionof the commission for at least 30
days.(2)A person who claims to have a legal or
equitable interest inthe thing may apply to a magistrate
for an order that the thingbe delivered to
the person.(3)Thepersonmustgiveeachofthefollowingacopyoftheapplicationandnoticeoftheday,timeandplacefixedforhearing the application—(a)the chairperson;(b)anyone else the person reasonably believes
has a legal orequitable interest in the thing.Page
126Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 119](4)Themagistratemayorderthatthethingbedeliveredtoaperson on any conditions the
magistrate considers appropriateif
satisfied—(a)the person may lawfully possess the
thing; and(b)it is appropriate that the thing be
delivered to the person.(5)However, the
magistrate must not order the delivery of a thingtothepersonifthemagistrateisreasonablysatisfiedthething—(a)may
be evidence in a proceeding started in relation tothe
thing; or(b)isathingusedinorformanufacturingadangerousdrug; or(c)maybesubjecttoaforfeiture proceeding, including
aforfeitureproceedingrelatingtoaninterstateseriousoffence under the Confiscation Act.119Application by commission officer for
order if ownershipdispute(1)This
section applies if there is a question about the ownershipof a
thing that has been in the possession of the commissionfor
at least 30 days.(2)A commission officer may apply to a
magistrate for an orderdeclaring who is the owner of the
thing.(3)The officer must give anyone the
officer reasonably believeshasalegalorequitableinterestinthethingacopyoftheapplicationandnoticeoftheday,timeandplacefixedforhearing the application.(4)The magistrate may make the order the
magistrate considersappropriate.(5)Ifthemagistratecannotdecidewhoownsthething,themagistratemaymaketheordersthemagistrateconsidersappropriate for the disposal of the
thing.Current as at [Not applicable]Page
127
Crime
and Corruption Act 2001Chapter 3 Powers[s 119A]Part
5AMonitoring and suspensionordersNotauthorised—indicativeonlyDivision 1Interpretation
and application119AMeaning offinancial
institutionIn this part—financial
institutionincludes—(a)a
corporation that is (or that, if it had been incorporatedinAustralia,wouldbe)afinancialcorporationwithinthemeaningoftheCommonwealthConstitution,section 51(xx);
and(b)anotherentitythatpermitspersonstodepositmoneywith
it for use by, or at the direction of, the persons forgaming or betting.119BApplication of pt 5AThispartappliesonlyforthepurposesofenhancingthecommission’s powers under the Confiscation
Act.Division 2Monitoring
orders119CMonitoring order applications(1)AnauthorisedcommissionofficermayapplytoaSupremeCourtjudgeforanorder(monitoringorder)directingafinancialinstitutiontogiveinformationtoacommissionofficer about a
named person.(2)The application—(a)may
be made without notice to any party; and(b)must—Page 128Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 119D](i)be sworn and state the grounds on
which the orderis sought; and(ii)includeinformationrequiredunderaregulationaboutanymonitoringordersissuedwithintheprevious year in relation to an
account held withthe financial institution by the named
person.(3)Subsection (2)(b) applies only
to—(a)informationkeptinaregisterthattheauthorisedcommission
officer may inspect; and(b)informationtheauthorisedcommissionofficerotherwise actually knows.(4)Thejudgemayrefusetoconsidertheapplicationuntiltheauthorisedcommissionofficergivesthejudgealltheinformationthejudgerequiresabouttheapplicationintheway the judge requires.Example—Thejudgemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.119DMaking of monitoring orderTheSupremeCourtjudgemaymakethemonitoringorderonly
if satisfied there are reasonable grounds for suspectingthat
the person named in the application—(a)has
been, or is about to be, involved in a serious crimerelated activity; or(b)has
acquired directly or indirectly, or is about to acquiredirectly or indirectly, serious crime
derived property.119EWhat monitoring order must
state(1)The monitoring order must order a
financial institution to giveinformationobtainedbytheinstitutionabouttransactionsconducted
through an account held by the named person withthe
institution and state—Current as at [Not applicable]Page
129
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 119F](a)the name or names in which the account
is believed tobe held; and(b)thetypeofinformationtheinstitutionisrequiredtogive; and(c)the
period, of not more than 3 months from the date ofits
making, the order is in force; and(d)that
the order applies to transactions conducted duringthe
period stated in the order; and(e)that
the information is to be given to any commissionofficer or to a stated commission officer
and the way inwhich the information is to be given.(2)In this section—transaction
conducted through an accountincludes—(a)the making of a fixed term deposit;
and(b)in relation to a fixed term
deposit—the transfer of theamountdeposited,oranypartofit,attheendoftheterm.119FWhen
period stated in monitoring order startsA monitoring
order has effect from the start of the day noticeof
the order is given to the financial institution.119GOffence to contravene monitoring
orderAfinancialinstitutionthathasbeengivennoticeofamonitoring order must not
knowingly—(a)contravene the order; or(b)providefalseormisleadinginformationinpurportedcompliance with
the order.Maximum penalty—1,000 penalty units.Page
130Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 3 Powers[s 119H]Notauthorised—indicativeonly119HExistence and operation of monitoring
order not to bedisclosed(1)Afinancialinstitutionthatisorhasbeensubjecttoamonitoringordermustnotdisclosetheexistenceortheoperation of the order to any person
other than—(a)a commission officer; or(b)anofficeroragentoftheinstitution(aninstitutionofficer),
for ensuring the order is complied with; or(c)a
lawyer, for obtaining legal advice or representation inrelation to the order.(2)A
person to whom the existence or operation of a monitoringorderhasbeendisclosed,whetherundersubsection
(1)orundertheprovisionasoriginallymadeorremadeorotherwise, must not—(a)whilethepersonisacommissionofficer,institutionofficer or
lawyer, disclose the existence or operation ofthe order other
than to another person to whom it maybe disclosed
under subsection (1) but only for—(i)if
the person is a commission officer—performingthe person’s
duties; or(ii)if the person is
an institution officer—ensuring theorder is
complied with or obtaining legal advice orrepresentation
in relation to the order; or(iii)ifthepersonisalawyer—givinglegaladviceormaking representations in relation to the
order; or(b)whenthepersonisnolongeracommissionofficer,institutionofficerorlawyer,makearecordof,ordisclose, the existence or the
operation of the order inany circumstances.(3)Subsection (2)doesnotpreventacommissionofficerdisclosing the existence or operation of a
monitoring order—(a)for, or in relation to, a legal
proceeding; or(b)in a proceeding before a court.Current as at [Not applicable]Page
131
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 119I](4)A commission officer can not be
required to disclose to anycourt the
existence or operation of a monitoring order.(5)Apersonwhocontravenessubsection
(1)or(2)commitsacrime.Maximumpenalty—350penaltyunitsor7yearsimprisonment.(6)Areferenceinthissectiontodisclosingtheexistenceoroperationofamonitoringordertoapersonincludesareference to disclosing information to the
person from whichthe person could reasonably be expected to
infer the existenceor operation of the monitoring order.(7)In this section—officer, of
a financial institution, means—(a)asecretary,executiveofficeroremployeeofthefinancial institution; or(b)anyone who, under the Confiscation
Act, is a director ofthe financial institution.Division 3Suspension
orders119ISuspension order application(1)AnauthorisedcommissionofficermayapplytoaSupremeCourtjudgeforanorder(suspensionorder)directingafinancialinstitutiontogiveinformationtoacommissionofficer about a
named person.(2)The application—(a)may
be made without notice to any person; and(b)must—(i)be
sworn and state the grounds on which the orderis sought;
and(ii)includeinformationrequiredunderaregulationaboutanysuspensionordersissuedwithinthePage 132Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 119J]previous year in relation to an account held
withthe financial institution by the named
person.(3)Subsection (2)(b)(ii) applies only
to—(a)informationkeptinaregisterthattheauthorisedcommission
officer may inspect; and(b)informationtheauthorisedcommissionofficerotherwise actually knows.(4)Thejudgemayrefusetoconsidertheapplicationuntiltheauthorisedcommissionofficergivesthejudgealltheinformationthejudgerequiresabouttheapplicationintheway the judge requires.Example—Thejudgemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.119JMaking of suspension orderTheSupremeCourtjudgemaymakethesuspensionorderonly
if satisfied there are reasonable grounds for suspectingthat
the person named in the application—(a)has
been, or is about to be, involved in a serious crimerelated activity; or(b)has
acquired directly or indirectly, or is about to acquiredirectly or indirectly, serious crime
derived property.119KWhat suspension order must
state(1)The suspension order must order a
financial institution—(a)tonotifyacommissionofficerimmediatelyofanytransaction that has been initiated in
connection with anaccount held with the institution by a
person named inthe order; and(b)to
notify a commission officer immediately if there arereasonable grounds for suspecting that a
transaction isabout to be initiated in connection with the
account; andCurrent as at [Not applicable]Page
133
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 119L](c)to refrain from completing or
effecting the transactionfor 48 hours, unless a named
commission officer givesthefinancialinstitutionwrittenconsenttothetransaction being completed
immediately.(2)In addition, the suspension order must
state—(a)the name or names in which the account
is believed tobe held; and(b)thetypeofinformationtheinstitutionisrequiredtogive; and(c)the
period, of not more than 3 months from the date ofits
making, the order is in force; and(d)that
the order applies to transactions conducted duringthe
period stated in the order; and(e)that
the information is to be given to any commissionofficer or to a stated commission officer
and the way inwhich the information is to be given.119LWhen period stated in suspension order
startsAsuspensionorderhaseffectfromthetimenoticeoftheorder is given
to the financial institution.119MContravention of suspension orderAfinancialinstitutionthathasbeengivennoticeofasuspension order must not
knowingly—(a)contravene the order; or(b)providefalseormisleadinginformationinpurportedcompliance with
the order.Maximum penalty—1,000 penalty units.Page
134Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 3 Powers[s 119N]Notauthorised—indicativeonly119NExistence and operation of suspension
order not to bedisclosed(1)Afinancialinstitutionthatisorhasbeensubjecttoasuspensionordermustnotdisclosetheexistenceortheoperation of the order to any person
other than—(a)a commission officer; or(b)anofficeroragentoftheinstitution(aninstitutionofficer),
for ensuring the order is complied with; or(c)a
lawyer, for obtaining legal advice or representation inrelation to the order.(2)A
person to whom the existence or operation of a suspensionorderhasbeendisclosed,whetherundersubsection
(1)orundertheprovisionasoriginallymadeorremadeorotherwise, must not—(a)whilethepersonisacommissionofficer,institutionofficer or
lawyer, disclose the existence or operation ofthe order other
than to another person to whom it maybe disclosed
under subsection (1) but only for—(i)if
the person is a commission officer—performingthe person’s
duties; or(ii)if the person is
an institution officer—ensuring theorder is
complied with or obtaining legal advice orrepresentation
in relation to the order; or(iii)ifthepersonisalawyer—givinglegaladviceormaking representations in relation to the
order; or(b)whenthepersonisnolongeracommissionofficer,institutionofficerorlawyer,makearecordof,ordisclose, the existence or the
operation of the order inany circumstances.(3)Subsection (2)doesnotpreventacommissionofficerdisclosing the existence or operation of a
suspension order—(a)for, or in relation to, a legal
proceeding; or(b)in a proceeding before a court.Current as at [Not applicable]Page
135
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 120](4)A commission officer can not be
required to disclose to anycourt the
existence or operation of a suspension order.(5)Apersonwhocontravenessubsection
(1)or(2)commitsacrime.Maximumpenalty—350penaltyunitsor7yearsimprisonment.(6)Areferenceinthissectiontodisclosingtheexistenceoroperationofasuspensionordertoapersonincludesareference to disclosing information to the
person from whichthe person could reasonably be expected to
infer the existenceor operation of the suspension order.(7)In this section—officer, of
a financial institution, means—(a)asecretary,executiveofficeroremployeeofthefinancial institution; or(b)anyone who, under the Confiscation
Act, is a director ofthe financial institution.Part
6Surveillance devicesDivision 1Non-application of Public RecordsAct
2002120Public Records Act 2002 does not apply
to divs 2–3ThePublic Records Act 2002does
not apply to activities orrecords under divisions 2 and
3.Page 136Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 2Crime and
Corruption Act 2001Chapter 3 Powers[s 121]Use
of surveillance devices underwarrant of
Supreme Court judge121Surveillance warrant
applications(1)This section applies if the
chairperson reasonably believes aperson has been,
is, or is likely to be, involved in corruptionbeing
investigated by the commission.(2)An
authorised commission officer may, with the chairperson’sapproval,applytoaSupremeCourtjudgeforawarrant(surveillance warrant)
authorising the use of a surveillancedevice.(3)For subsection (2), an authorised
commission officer who is apolice officer
must be of at least the rank of inspector.(4)The
application must—(a)be sworn and state the grounds on
which the warrant issought; and(b)fullydiscloseallmatters,ofwhichtheauthorisedcommissionofficerisaware,bothfavourableandadverse to the issuing of the warrant
sought; and(c)include information stated under a
regulation about anywarrants issued within the previous
year in relation tothe person or the place specified in the
application.(5)Theplacespecifiedintheapplication(therelevantplace)may be a public place and may be
described by reference to aclass of
place.(6)Subsection (4)(c) only applies
to—(a)informationkeptinaregisterthattheofficermayinspect; and(b)information the officer otherwise actually
knows.(7)The applicant must advise the public
interest monitor of theapplication under arrangements decided
by the monitor.Current as at [Not applicable]Page
137
Crime
and Corruption Act 2001Chapter 3 Powers[s 122](8)Thejudgemayrefusetoconsidertheapplicationuntiltheapplicantgivesthejudgealltheinformationthejudgerequires about
the application in the way the judge requires.Example—Thejudgemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.Notauthorised—indicativeonly122Who may be
present at consideration of application forsurveillance
warrant(1)The judge must hear an application for
a surveillance warrantin the absence of anyone other than
the following—(a)the applicant;(b)a
monitor;(c)someone the judge permits to be
present;(d)a lawyer representing anyone mentioned
in paragraphs(a) to (c).(2)Also, the judge must hear the
application—(a)in the absence of the person proposed
to be placed undersurveillance(therelevantperson)oranyonelikelytoinform the relevant person of the
application; and(b)without the relevant person having
been informed of theapplication.123Consideration of application for
surveillance warrantBefore deciding an application for a
surveillance warrant, thejudgemust,inparticular,andbeingmindfulofthehighlyintrusive nature of using a surveillance
device, consider thefollowing—(a)the
nature and seriousness of the corruption;(b)the
likely extent of interference with the privacy of—(i)the relevant person; or(ii)any other
occupant of the relevant place;Page 138Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 124]if
the warrant is issued;(c)theextenttowhichissuingthewarrantwouldhelpprevent, detect,
or provide evidence of the commissionof, the
corruption;(d)thebenefitsderivedfromtheissueofanyprevioussurveillance
warrants in relation to the relevant personor the relevant
place;(e)the extent to which officers
investigating the corruptionhave used or can
use conventional ways of investigation;(f)how
much the use of conventional ways of investigationwouldbelikelytohelpintheinvestigationofthecorruption;(g)how
much the use of conventional ways of investigationwouldprejudicetheinvestigationofthecorruptionbecause of delay
or for another reason;(h)any submissions
made by a monitor.124Issue of surveillance warrant(1)Afterconsideringtheapplication,thejudgemayissueasurveillance warrant for a period of not
more than 30 days ifsatisfied there are reasonable grounds
for believing—(a)therelevantpersonhasbeen,is,orislikelytobe,involvedinthecorruptionandislikelytobeattherelevant place; or(b)evidence of the corruption is likely to be
obtained usinga surveillance device at the relevant
place.(2)Thejudgemayissueasurveillancewarrantauthorisingtheuse
of a surveillance device in the office of a practising
lawyeronly if the application for the warrant
relates to the lawyer’sinvolvement in corruption.(3)The judge may impose any conditions on
the warrant that thejudge considers are necessary in the
public interest including,but not limited to—Current as at [Not applicable]Page
139
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 125](a)aconditionrequiringregularreportingtoajudgeonactivities under the warrant; and(b)a condition requiring that, if a
listening device is to beusedinapublicplaceorclassofplace,theofficer,beforeinstallingorusingthedevice,musthaveareasonable belief that the relevant person
is or will be inthe place where the device is to be
used.Example for subsection (3)(b)—The
warrant may be issued for any motel in a stated area becausethe
officer may have a reasonable belief that the relevant
personmay be in a motel in the area but not know
in advance whichone. The condition may be that the device
may only be installedif the officer reasonably believes the
person is likely to be in theplace.125What surveillance warrant must
stateA surveillance warrant must state the
following—(a)thatacommissionofficeroranycommissionofficermay
exercise surveillance powers under the warrant;(b)the
name of the relevant person, if known;(c)the
place or class of place where the surveillance deviceauthorised under the warrant may be
used;(d)any conditions the judge imposes under
section 124(3);(e)the day and time the warrant starts
and when the warrantends.126Report on use of surveillance devices(1)Thissectionappliesif,becauseofaconditionofasurveillance warrant, a commission
officer gives to a judge areport on activities under the
warrant.(2)Thejudgemay,afterconsideringthereport,requirethedestructionofanyrecordingmadethatisnotrelatedtothecorruptionmentionedinthewarrant,unlesstherecordingPage 140Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 127]relatestotheinvestigationbythecommissionofothercorruption.127Duration and extension of surveillance
warrants(1)Asurveillancewarrantisinforceuntiltheearlierofthefollowing—(a)the
day stated in the warrant;(b)the day the
investigation under the warrant ends.(2)However,despitetheinvestigationending,thewarrantcontinues in
force until the day stated in the warrant if, as aresult of using the surveillance device,
evidence is gained ofother corruption.(3)Thewarrantmaybeextendedfromtimetotimeonapplicationandtheprovisionsofthisdivisionforanapplicationforawarrantapplytoanapplicationforanextension, with necessary
changes.(4)Despite the ending of the warrant
under subsection (1) or (2),the commission
officer may continue to exercise powers underthewarrant,butonly
totheextentnecessarytoremovethesurveillance device to which the warrant
relates.128Power under surveillance
warrantsAcommissionofficertowhomasurveillancewarrantisdirected may, subject to the warrant,
lawfully exercise any ofthefollowingpowersunderthewarrant(surveillancepowers)—(a)power to enter a
stated place or class of place, covertlyor through
subterfuge, to install a surveillance device;(b)powertoinstallanduseasurveillancedevicetointercept and record private
conversations;(c)powertoremoveathingtoanotherplacetoinstallasurveillance device in the thing;Current as at [Not applicable]Page
141
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 129](d)powertouseanassistanttotranslateorinterpretconversations
intercepted under the warrant;(e)power to take electricity for using a
surveillance device;(f)power to use
reasonable force—(i)to enter a place to install a
surveillance device; or(ii)to install a
surveillance device;(g)power to use 1
or more surveillance devices in the sameplace;(h)power to pass through, over, under or
along a place toget to the place where the surveillance
device is to beused.Division 3Other provisions about surveillancedevices129Restriction about records and access to
surveillancewarrant applications etc.(1)This section applies to the following
(relevant proceeding)—(a)an application to a Supreme Court
judge for—(i)a surveillance warrant; or(ii)the extension of
a surveillance warrant;(b)anordermadeunderanapplicationmentionedinparagraph (a).(2)Despite theRecording of
Evidence Act 1962, a transcript of arelevant
proceeding must not be made.(3)Also, no record of the application or of any
order made in arelevantproceedingistobeavailableforsearchbyanyperson, except by direction of a
Supreme Court judge.(4)A person must
not publish a report of a relevant proceeding.Maximumpenalty—85penaltyunitsor1year’simprisonment.Page 142Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 3 Powers[s 130](5)A person is not entitled to search
information in the custody ofa court in
relation to a relevant proceeding, unless a SupremeCourt judge otherwise orders in the
interests of justice.(6)Nothing in this
section prevents a person who was present at arelevant
proceeding from giving oral evidence to a court aboutthings that happened at the
proceeding.Notauthorised—indicativeonly130Disclosure of information obtained
using surveillancewarrant(1)This
section applies to information that has not been disclosedinaproceedinginopencourtandwasobtainedbyusingasurveillance warrant (therelevant information).(2)A commission officer who obtained
relevant information mustnot disclose the information to
someone other than—(a)the judge who issued the warrant;
or(b)a judge hearing an application
for—(i)an extension of the warrant; or(ii)awarrantinrelationtothesameoradifferentperson;
or(c)a court taking evidence about a charge
of an offence inwhich the relevant information is evidence;
or(d)QCAT hearing a matter, in the exercise
of its jurisdictionunderthisAct,inwhichtherelevantinformationisevidence; or(e)thechairpersonorapersonauthorisedbythechairperson; or(f)acommissionofficer,policeofficerorotherlawenforcement officer involved in—(i)the investigation into the corruption
for which thepowers were exercised; or(ii)aninvestigationofanyindictableoffencestartedbecause of
information obtained under the warrantor linked to the
offence under investigation; orCurrent as at
[Not applicable]Page 143
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 131](iii)a proceeding in
which the information is evidence;or(g)a declared agency; or(h)a public prosecutor, but only
for—(i)useinaproceedinginwhichtheinformationisevidence; or(ii)an
application for an extension of the warrant; or(iii)the
issue of another surveillance warrant; or(i)a
public official, but only for taking disciplinary action;or(j)a lawyer
representing a person in a proceeding in whichthe information
is evidence; or(k)a monitor; or(l)a
person transcribing or making copies of recordings.Maximumpenalty—85penaltyunitsor1year’simprisonment.(3)In
this section—commission officerincludes a
former commission officer.131Destruction of
records(1)The commission must keep all
information obtained under asurveillancewarrantandtranscriptsofrecordingsorphotographsmadeortakenunderthewarrantinasecureplace.(2)Thecommissionmustensureanyrecordingmadeorphotographtakenunderthesurveillancewarrantoratranscript or
copy made from information obtained under thewarrant is
destroyed as soon as practicable after it is no longerrequired.(3)Subsection (2)doesnotpreventinformationorothermatterbeingpreservedforanyperiodorindefinitelyif,inthechairperson’s
opinion, it is relevant to—Page 144Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 132](a)anyoffenceofwhichsomeonehasbeenconvictedifthere is a possibility that an issue
about the convictionmay arise; or(b)an
ongoing investigation.Part 6AControlled
operations andcontrolled activities forcorruption offencesDivision 1Preliminary132Object of pt 6AThe object of
this part is to ensure the effective investigationof
corruption offences by—(a)enabling
particular commission officers to approve theconductofcontrolledoperationsthatmayinvolveparticularcommissionofficersandothersengaginginactivitiesthatmaybeunlawfulaspartoftheinvestigation of a suspected
corruption offence; and(b)ensuring
anything that may be approved or authorisedunderthispartisapprovedorauthorisedonlyinappropriate circumstances; and(c)ensuring,asfaraspracticable,onlyappropriatelytrainedpersonsactascovertoperativesunderanapproval under this part; and(d)ensuringapersonwhomayactasacovertoperativeunder an approval under this part engages in
otherwiseunlawfulactivitiesonlyaspartofthecontrolledoperation for
which the person is a covert operative; and(e)providing appropriate protection from civil
and criminalliability for persons acting in accordance
with this part;andCurrent as at [Not applicable]Page
145
Crime
and Corruption Act 2001Chapter 3 Powers[s 133](f)clarifyingthestatusofevidenceobtainedbypersonswhoengageincontrolledoperationsorcontrolledactivities under
this part.Notauthorised—indicativeonly133Investigation of
minor matters not affectedThe enactment of this part is not to
affect the investigation ofminor matters or
investigative activities that, by their nature,cannotbeplannedbutinvolvetheparticipationofcommission officers who are police officers
in activities thatmay be unlawful.134Lawfulness of particular actionsTo
remove doubt, it is declared—(a)that
it is lawful for a person acting in accordance withthis
part—(i)to recommend that other persons be
authorised toengage in an activity that may be unlawful
as partofaninvestigationofasuspectedcorruptionoffence;
or(ii)to authorise
other persons to engage in an activitythat may be
unlawful as part of an investigation ofa suspected
corruption offence; and(b)that it is
lawful for a person acting as a covert operativeunderanapprovalundersection 141,142or143toengage in activities stated in the approval
that may beunlawfulaspartoftheinvestigationofasuspectedcorruption
offence; and(c)that it is lawful for the chairperson,
or a senior executiveofficer, acting in accordance with
procedures establishedbythechairperson,toauthoriseapoliceofficeroracommissionofficertoengageinastatedcontrolledactivity for the
commission; and(d)that it is lawful for a person acting
under an authoritygivenundersection 146ItoengageinacontrolledPage 146Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 3 Powers[s 135]activity in accordance with the authority
and proceduresestablished by the commission.Notauthorised—indicativeonly135Controlled operations and activities
generally(1)From the commencement of this part, a
controlled operationorcontrolledactivityinrelationtoasuspectedcorruptionoffence may be
approved only in accordance with this part.(2)Also, a function conferred in relation to
the activities of thecommission under this part is only
conferred for the purposeofafunctionconferredonthecommissionrelatingtosuspected corruption offences.Division 2Controlled
operations committee136Declaration of controlled operations
committeeThecontrolledoperationscommitteeestablishedunderthePolice Powers and Responsibilities Act
2000is the controlledoperations
committee for this part.137Committee’s
functionsFor this part, the committee has the
function to consider andmakerecommendationsaboutapplicationsreferredtothecommittee by the
chairperson for—(a)an approval for a controlled
operation; or(b)variation of an approval for a
controlled operation.138Provisions
applying to committee and committee’sannual
report(1)ThePolice Powers
and Responsibilities Act 2000, chapter
11,part 2, applies to the committee for this
part as if—(a)a reference to a controlled operation
were a reference toa controlled operation under this part;
andCurrent as at [Not applicable]Page
147
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 139](b)a reference to an authority for a
controlled operation, ora variation of a controlled operation,
were a reference toan approval or variation under this part;
and(c)areferencetoanoffencewereareferencetoacorruption offence.(2)As soon as practicable after the end
of each financial year, butwithin4monthsaftertheendofthefinancialyear,thecommitteemustprepareandgivethechairpersonoftheparliamentary committee a written
report on the committee’sactivities under this Act.(3)The chairperson of the parliamentary
committee must table acopy of the annual report in the
Legislative Assembly within14 sitting days
after receiving the report.(4)The
annual report must not contain information that—(a)disclosesormayleadto thedisclosureoftheidentityof—(i)any covert operative; or(ii)anypersonwhohasbeen,isbeing,oristobe,investigated; or(b)indicates a particular investigation has
been, is being, oris to be, conducted.Division 3Approval of controlled operations139Application for approval(1)An authorised commission officer may
apply to the approvingofficerforapprovaltoconductanoperationunderthispart(controlled operation).(2)Theapprovingofficermustbethechairpersonoraseniorexecutive
officer.(3)However,ifapersontobeinvestigatedunderaproposedcontrolled
operation is or may be a police officer—Page 148Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 139](a)the application must be made to the
chairperson; and(b)the chairperson is the approving
officer for the proposedoperation.(4)Theapplicationmustbewrittenandincludeenoughinformationtoenabletheapprovingofficertoproperlyconsider whether
the proposed operation should be approved.(5)In
particular, the application must state the following for theproposed controlled operation—(a)an identifying name or number;(b)adescriptionofthesuspectedcorruptionoffenceinrelation to which it is proposed to
conduct the operation;(c)if a previous
application relating to the same corruptionoffence has been
made under this division, whether theapplication was
approved or refused;(d)the name of each
person who it is intended will act as acovert operative
for the operation;(e)a precise description of each
otherwise unlawful activitya covert
operative who is not a commission officer maybe required to
engage in as part of the operation;(f)adescriptionofthegeneralclassesofotherwiseunlawfulactivitiesacovertoperativewhoisacommission officer may be required to engage
in as partof the operation.(6)Forsubsection (5)(c),anapplicationmadeunderthePolicePowersandResponsibilitiesAct2000,chapter10,part2,division 3 as in force at any time before
the commencement ofthis section is taken to have been made
under this division.Editor’s note—As previously
enacted, this was a reference to thePolice Powers
andResponsibilitiesAct2000,chapter5(Controlledoperationsandcontrolledactivities),part2(Controlledoperations),division3(Approval of controlled operations).
The reference was changed by2006 Act No. 26,
sections 84 and 86.Current as at [Not applicable]Page
149
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 140]140Application must be referred to
committee(1)Theapprovingofficermustrefertheapplicationtothecommittee without deciding the
application.(2)However,iftheapprovingofficerconsiderstheapplicationdoesnothaveenoughmerittojustifyreferringittothecommittee,theapprovingofficermayrefusetorefertheapplication to the committee.(3)This section is subject to sections
141 and 142.141Particular controlled
operations(1)This section applies to an application
made to the chairpersonundersection
139(3)forapprovaltoconductacontrolledoperation.(2)Thechairpersonmayapprovetheapplicationwithoutreferringittothecommitteebut,beforeapprovingtheapplication,thechairpersonmustconsultwiththeindependentmemberandobtaintheindependentmember’sagreement to the proposed operation.(3)However, the chairperson may approve
an application made tothechairpersoninurgentcircumstanceswithoutcomplyingwithsubsection (2),butmustconsultwiththeindependentmemberaboutthecontrolledoperationassoonaspossibleafter approving
the application.142Procedure in urgent circumstances
other than if s 141applies(1)This
section applies to an application for approval to conducta
controlled operation made to an approving officer in urgentcircumstances.(2)However, this section does not apply if
section 141 applies.(3)Theapprovingofficermayapprovetheapplicationwithoutreferring it to the committee, but must
refer the application tothe committee as soon as practicable
after approving it.Page 150Current as at
[Not applicable]
Crime
and Corruption Act 2001Chapter 3 Powers[s 143](4)The committee may consider the
application as if the approvalhad not been
given.(5)Theapprovingofficermustconsiderthecommittee’srecommendations
on the application but is not bound by therecommendations.Notauthorised—indicativeonly143Consideration and approval of
application(1)Afterconsideringthecommittee’srecommendationsonanapplication for approval to conduct a
controlled operation, theapprovingofficermayapproveorrefusetoapprovetheapplication.(2)The
approving officer must not approve an application undersection 139,141or142iftheapprovingofficerconsiders,because of the
way the proposed controlled operation is to beconducted, it is
probable that any of the following will happenin the
operation—(a)injury to, or the death of, a
person;(b)serious damage to property;(c)a serious loss of property;(d)someonecouldbeencouragedorinducedbyacovertoperativetoengageincriminalactivityofakindthepersoncouldnotreasonablybeexpectedtohaveengaged in if
not encouraged or induced by the covertoperative to
engage in it.(3)Also, the approving officer must not
approve the applicationunless satisfied—(a)thepurposeoftheproposed controlledoperationistogather evidence of a corruption
offence; and(b)acontrolledoperationrepresentsaneffectiveuseofpublicresourcesforinvestigatingthecorruptionoffence;
and(c)anyproposedcovertoperativefortheoperationhasreceived appropriate training for the
purpose; andCurrent as at [Not applicable]Page
151
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 144](d)if a proposed covert operative for the
operation is not acommissionofficer,itiswhollyimpracticalinthecircumstances for a commission officer
to perform therole the proposed covert operative is to
perform in theoperation; and(e)thecommitteehasrecommendedthecontrolledoperation be
approved.(4)Subsection (1)and(3)(e)donotapplytotheapprovalofacontrolled operation mentioned in
section 141 or 142.144What approval must state(1)An approval for a controlled operation
must be written andstate the following—(a)adescriptionofthesuspectedcorruptionoffencetowhich the controlled operation
relates;(b)theperiod,ofnotmorethan6months,forwhichtheapproval has effect;(c)the
name of each covert operative who may engage inotherwiseunlawfulactivitiesforthepurposesoftheoperation;(d)a
precise description of each otherwise unlawful activitya
person who is not a commission officer may engage inwhile acting as a covert operative for the
operation;(e)adescriptionofthegeneralclassesofotherwiseunlawfulactivitiesacommissionofficermayberequired to
engage in while acting as a covert operativefor the
operation;(f)anyconditionstheapprovingofficerconsidersappropriate.(2)For
subsection (1)(c), it is enough to state an assumed name orcode
name in the approval if the actual identity of the covertoperative is included in a register kept for
the purpose by thechairperson.Page 152Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 145]145Effect of approvalIt is lawful for
a person named in an approval of a controlledoperation—(a)to
act as a covert operative for the controlled operationto
which the approval relates; and(b)to
engage in the otherwise unlawful activity described intheapprovalforthepurposesofthecontrolledoperation.Division 4Variation of approval for controlledoperation146Application to vary approval(1)An authorised commission officer may
apply to the approvingofficerforavariationofanapprovalforacontrolledoperation.(2)However, if, the chairperson was the
approving officer for thecontrolled operation because the
operation relates to a personwhoisormaybeapoliceofficer,theapplicationmustbemade to the chairperson.(3)Theapplicationmustbewrittenandincludeenoughinformationtoenabletheapprovingofficertoproperlyconsider whether
the approval should be varied and if so howit should be
varied.(4)In particular, the application must
state the following for thecontrolled
operation—(a)the identifying name or number for the
operation;(b)adescriptionofthesuspectedcorruptionoffenceinrelation to which the operation was
approved;(c)if a previous application for
variation of the approval fortheoperationhasbeenmadeunderthisdivision,whethertheapprovalwasvariedbecauseoftheapplication;Current as at
[Not applicable]Page 153
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 146A](d)if it is intended to change
particulars relating to personswhoareorareintendedtobecovertoperatives,thenameofeachpersontowhomthechangerelatesandparticulars of the change
sought;(e)ifitisintendedtochangethedescriptionofthesuspectedcorruptionoffenceinrelationtowhichtheoperation was approved, a description of the
suspectedcorruption offence for which approval is
sought.(5)Forsubsection
(4)(c),anapplicationmadeunderthePolicePowersandResponsibilitiesAct2000,chapter10,part2,division 4 as in force at any time before
the commencement ofthis section is taken to have been made
under this division.Editor’s note—As previously
enacted, this was a reference to thePolice Powers
andResponsibilitiesAct2000,chapter5(Controlledoperationsandcontrolledactivities),part2(Controlledoperations),division4(Variationof
approvalforcontrolledoperation).
Thereference waschanged by 2006
Act No. 26, sections 84 and 86.146AApplication must be referred to
committee(1)Theapprovingofficermustrefertheapplicationtothecommittee without deciding the
application.(2)However,iftheapprovingofficerconsiderstheapplicationdoesnothaveenoughmerittojustifyreferringittothecommittee,theapprovingofficermayrefusetorefertheapplication to the committee.(3)This section is subject to sections
146B and 146C.146BParticular controlled
operations(1)This section applies if an application
for the variation of anapproval for a controlled operation is
made to the chairpersonunder section 146(2).(2)Thechairpersonmayapprovetheapplicationwithoutreferringittothecommitteebut,beforeapprovingtheapplication,thechairpersonmustconsultwiththePage 154Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 146C]independentmemberandobtaintheindependentmember’sagreement to the proposed variation.(3)However, the chairperson may approve
an application made tothechairpersoninurgentcircumstanceswithoutcomplyingwithsubsection (2),butmustconsultwiththeindependentmemberaboutthevariationassoonaspossibleafterapproving it.146CProcedure in urgent circumstances other than
if s 146Bapplies(1)This
section applies to an application for the variation of anapprovalforacontrolledoperationthatismadetoanapproving officer in urgent
circumstances.(2)However, this section does not apply
if section 146B applies.(3)Theapprovingofficermayapprovetheapplicationwithoutreferring it to the committee, but must
refer the application tothe committee as soon as practicable
after approving it.(4)The committee may consider the
application as if the approvalhad not been
given.(5)Theapprovingofficermustconsiderthecommittee’srecommendations
on the application but is not bound by therecommendations.146DWhen
approval may be givenThe approving officer must not approve
the application unlessreasonablysatisfiedthevariationisnecessaryforthecontinued effective investigation of
the corruption offence.146EHow approval may
be varied(1)The approving officer may vary the
approval but only by—(a)extending the
period of the approval from time to timeby not more than
6 months at a time; orCurrent as at [Not applicable]Page
155
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 146I](b)changingparticularsaboutwhomayactasacovertoperative under the approval; or(c)changing particulars of the corruption
offence to whichthe approval relates.(2)Theapprovalmentionedinsection 145,asvariedundersubsection (1), has the effect mentioned in
section 145.Division 6Authorising
controlled activities146IAuthorised
controlled activities(1)This section
applies if the chairperson or a senior executiveofficer considers it is reasonably necessary
for a police officeror a commission officer to engage in
conduct that—(a)is directed to obtaining evidence of
the commission of asuspectedcorruptionoffencebyapoliceofficer(relevant officer); and(b)involves the following (acontrolled activity)—(i)asinglemeetingbetweenapoliceofficerorcommissionofficerandtherelevantofficer,whetherornotthemeetingwastheresultofawritten or oral communication with the
person;(ii)deliberatelyconcealingthetruepurposeofthecommunicationbetweenthepoliceofficerorcommission officer and the relevant
officer;(iii)thecommissionbythepoliceofficerorcommission officer of otherwise
unlawful activity.(2)Thechairpersonorseniorexecutiveofficermay,inaccordancewithanypolicyofthecommission,authoriseapoliceofficerorcommissionofficertoengageinastatedcontrolled
activity.(3)The authority must be written and
state the controlled activitythepoliceofficerorcommissionofficerisauthorisedtoengage in.Page 156Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 3 Powers[s 146J](4)Thepersonauthorisedtoengageinthecontrolledactivitymust
comply with any relevant policy of the commission.Notauthorised—indicativeonlyDivision 7Miscellaneous146JDisclosure of information(1)This section applies to a person to
whom the existence of anyof the following (relevant
information) becomes known—(a)an
application for—(i)approval of a controlled operation;
or(ii)avariationofanapprovalgivenforacontrolledoperation;(b)a
decision of the committee to recommend the approvalof,orthevariationofanapprovalfor,acontrolledoperation, and
the committee’s recommendation;(c)an
approval of—(i)a controlled operation; or(ii)avariationofanapprovalgivenforacontrolledoperation;(d)information about a controlled
operation;(f)the actual identity of a covert
operative.(2)Thepersonmustnotdiscloserelevantinformation,otherthan—(a)for
the purposes of this part; or(b)with
the approval of the commission; or(c)to
the extent—(i)theinformationhasgenerallybeenmadeknown;or(ii)itisinthepublicinteresttodisclosetheinformation.Current as at
[Not applicable]Page 157
Crime
and Corruption Act 2001Chapter 3 Powers[s 146K]Maximumpenalty—85penaltyunitsor1year’simprisonment.Notauthorised—indicativeonly146KProtection from
liability(1)Thissectionappliestoeachofthefollowingpersons(arelevant person)—(a)a member of the committee;(b)the chairperson;(c)a
senior executive officer;(d)a person who is
or was a covert operative;(e)a person who, as
part of a controlled operation, providesacovertoperativewithhelp,includingbygivingthecovert operative things necessary for the
purposes of thecontrolled operation;(f)a
person who authorised a controlled activity;(g)apersonwhoisorwasauthorisedunderthisparttoengage in a controlled
activity.(2)A relevant person does not incur civil
liability for an act done,or omission made, under this
part.(3)Ifsubsection
(2)preventsacivilliabilityattachingtotheperson, the liability attaches instead
to the State.(4)Also, a relevant person does not incur
criminal liability for anact done, or omission made—(a)inaccordancewithanapprovalgivenforacontrolledoperation;
or(b)in accordance with—(i)an authority given for a controlled
activity; or(ii)thecommission’spolicyaboutcontrolledactivities.(5)Inaddition,arelevantpersonwhoisapoliceofficeroracommission
officer does not incur criminal liability for an actPage
158Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 146L]done,oromissionmade,that,becauseofacontrolledoperation, was
reasonably necessary for—(a)protecting the
safety of any person; or(b)protecting the
identity of a covert operative; or(c)taking advantage of an opportunity to gather
evidence inrelationtoacorruptionoffencenotmentionedintheapproval.(6)However, subsection (5) does not relieve a
police officer or acommission officer from criminal liability
for an act done oromission made if the act or omission results
in—(a)injury to, or the death of, a person;
or(b)serious damage to property; or(c)a serious loss of property; or(d)someonebeingencouragedorinducedbyacovertoperativetoengageincriminalactivityofakindthepersoncouldnotreasonablybeexpectedtohaveengaged in if
not encouraged or induced by the covertoperative to
engage in it.(7)This section does not limit thePolice Service AdministrationAct
1990, section 10.5.146LAdmissibility of evidence obtained through
controlledoperationIt is declared
that evidence gathered because of a controlledoperationorcontrolledactivityisnotinadmissibleonlybecauseitwasobtainedbyapersonwhileengaginginanunlawful act if the unlawful act was
authorised under this part.146MEvidentiary
provision(1)In a proceeding, a certificate of the
chairperson stating any ofthe following is evidence of the
things it states—(a)at a stated time a stated person was
an approving officerfor this Act;Current as at
[Not applicable]Page 159
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 146N](b)at a stated time a stated person was a
covert operative;(c)on a stated day a stated person
approved the conduct of astated controlled operation or
controlled activity;(d)on a stated day
a stated person varied an approval for astated
controlled operation in a stated way.(2)For
subsection (1)(b), it is enough to state an assumed nameorcodenameinthecertificateiftheactualidentityofthecovert operative
is included in a register kept for the purposeby the
chairperson.146NPowers not to be delegated(1)Powersofanapprovingofficerunderthispartmaynotbedelegated.(2)Also, powers of the chairperson or a senior
executive officerunder section 146I may not be
delegated.(3)Subsections (1) and (2) apply despite
any other Act.Part 6BAssumed
identitiesDivision 1Preliminary146OPurpose of pt 6BThe main purpose
of this part is to facilitate investigations andintelligence gathering in relation to
corruption offences.146PHow purpose is achievedThe
purpose is to be achieved primarily by providing for thelawful acquisition and use of an assumed
identity.Page 160Current as at
[Not applicable]
Crime
and Corruption Act 2001Chapter 3 Powers[s 146Q]Notauthorised—indicativeonly146QDefinitions for pt 6BIn
this part—acquire, an assumed
identity, means acquire evidence, or takesteps to acquire
evidence, of the identity.agencymeans—(a)an issuing agency; or(b)the commission.authorised
civilianmeans a person, other than a
commissionofficer, who is authorised under an
authority to acquire or usean assumed
identity.authorised identity officermeans a commission officer who isauthorisedunderanauthoritytoacquireoruseanassumedidentity.authorised
personmeans—(a)an
authorised civilian; or(b)an authorised
identity officer.authoritymeans an
authority granted under section 146T toacquire or use
an assumed identity, including the authority asvaried under
section 146W.birth certificate approvalsee
section 146Y.conductincludes any act
or omission.doinga thing,
includes failing to do the thing.evidence,ofidentity,meansadocumentorotherthing,including,forexample,adriverlicence,birthcertificate,credit card or
identity card, that evidences or indicates, or canbeusedtoevidenceorindicate,aperson’sidentityoranyaspect of a
person’s identity.government issuing agency, in
relation to an authority, meansan entity
that—(a)is named in the authority; and(b)issuesevidenceofidentityaspartofperforminganyfunction of the government.Current as at [Not applicable]Page
161
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 146R]issuing agencymeans—(a)a government issuing agency; or(b)a non-government issuing
agency.non-government issuing agency, in
relation to an authority,meansanentity,otherthanagovernmentissuingagency,that—(a)is named in the authority; and(b)issues evidence of identity.officer, of an agency,
includes a person employed or engagedin the
agency.supervisor,ofanauthorisedcivilian,meanstheauthorisedcommissionofficer,appointedundersection 146T(3),whosupervisesoristosupervisetheacquisitionoruseofanassumed identity by the authorised
civilian.useanassumedidentity,includesrepresenting,whetherexpressly or impliedly, or by saying or
doing something, theidentity to be real when it is
not.146RPublic Records Act 2002 does not apply
to divs 2–7ThePublic Records Act 2002does
not apply to activities orrecords under divisions 2 to 7.Division 2Authorities for
assumed identities146SApplication for authority to acquire
or use assumedidentity(1)Acommissionofficermayapplytothechairpersonforanauthority for the officer or another
person to do either or bothof the
following—(a)acquire an assumed identity;(b)use an assumed identity.Page
162Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 146T](2)Aseparateapplicationmustbemadeforeachassumedidentity to be acquired or used.(3)An application—(a)mustbeinwritingintheformdecidedbythechairperson;
and(b)must contain all of the following
information—(i)the applicant’s name;(ii)ifapersonotherthantheapplicantistobeauthorised to
acquire or use an assumed identity—that person’s
name;(iii)if the person
mentioned in subparagraph (ii) is notacommissionofficer—thenameandrankorposition of the person proposed to be
appointed assupervisor,andanexplanationofwhyitisnecessaryforapersonwhoisnotacommissionofficer to
acquire or use the assumed identity;(iv)details of the proposed assumed
identity;(v)reasons for the need to acquire or use
an assumedidentity;(vi)details, to the extent known, of the
investigation orintelligencegatheringexerciseinwhichtheassumed identity will be used;(vii) detailsofanyissuingagenciesandthetypesofevidence to be issued by them.(4)The chairperson may require the
applicant to give additionalinformationabouttheapplicationthechairpersonconsidersappropriate for consideration of the
application.146TDeciding application(1)After considering an application for
an authority to acquire oruse an assumed identity, and any
additional information givenunder section
146S(4), the chairperson—Current as at [Not applicable]Page
163
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 146U](a)maygrantanauthoritytoacquireorusetheassumedidentity, with or without conditions;
or(b)may refuse the application.(2)The chairperson must not grant an
authority to acquire or useanassumedidentityunlessthechairpersonissatisfiedonreasonable grounds of all of the
following—(a)the assumed identity is necessary for
the purposes of aninvestigationorintelligencegatheringinrelationtoacorruption offence;(b)theriskofabuseoftheassumedidentitybytheauthorised
person under the authority is minimal;(c)iftheapplicationisforauthorisationofanassumedidentity for a
person who is not a commission officer—itwouldbeimpossibleorimpracticableinthecircumstances for a commission officer
to acquire or usethe assumed identity for the purpose
sought.(3)Ifanauthorityisgrantedforanauthorisedcivilian,thechairperson must appoint an authorised
commission officer tosupervise the acquisition or use of
the assumed identity by theauthorised
civilian.(4)An authority may also
authorise—(a)anapplicationtotheindependentmemberforabirthcertificate approval; or(b)a
request under section 146ZB.(5)A
separate authority is required for each assumed identity.146UForm of authority(1)An
authority must be—(a)in writing in the form decided by the
chairperson; and(b)signed by the person granting
it.(2)An authority must state all of the
following—(a)the name of the person granting the
authority;Page 164Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 146V](b)the date of the authority;(c)details of the assumed identity under
the authority;(d)details of the evidence of the assumed
identity that maybe acquired under the authority;(e)the conditions, if any, to which the
authority is subject;(f)why the
authority is granted;(g)if the authority
relates to an authorised identity officer—the name of the
official;(h)if the authority relates to an
authorised civilian—(i)the name of the
authorised civilian; and(ii)thenameofthecivilian’ssupervisorundertheauthority; and(iii)the
period, of not more than 3 months, for whichthe authority
remains in force.(3)The authority also must state the
following—(a)whether it authorises an application
to the independentmember for a birth certificate
approval;(b)eachissuingagencytowhicharequestmaybemadeunder section
146ZB.146VPeriod of authority(1)An authority for an authorised
identity officer remains in forceuntil cancelled
under section 146W.(2)An authority for an authorised
civilian remains in force untiltheendoftheperiodstatedintheauthorityundersection
146U(2)(h)(iii),unlesstheauthorityissoonercancelled under
section 146W.146WVariation or cancellation of
authority(1)The chairperson—(a)may
vary or cancel the authority at any time; andCurrent as at
[Not applicable]Page 165
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 146X](b)must cancel the authority if
satisfied, on a review undersection
146Xorotherwise,thatuseoftheassumedidentity under
the authority is no longer necessary.(2)The
chairperson must give written notice of the variation orcancellation to—(a)the
authorised person to whom the authority relates; and(b)iftheauthorisedpersonisanauthorisedcivilian—theauthorised
person’s supervisor.(3)Thenoticemuststatethereasonsforthevariationorcancellation.(4)The
variation or cancellation has effect on—(a)the
day the notice is given to the authorised person; or(b)if a later day is stated in the
notice—the later day.146XReview of
authority(1)Thechairpersonmust,atleastonceayear,revieweachauthority
granted by the chairperson and in force under thischapter.(2)Thepurposeofareviewistodecidewhetheruseoftheassumed identity under the authority is
still necessary.(3)Ifthechairpersonissatisfiedonareviewthatuseoftheassumed identity is no longer necessary, the
chairperson mustcancel the authority under section
146W.(4)Ifthechairpersonissatisfiedonareviewthatuseoftheassumedidentityisstillnecessary,thechairpersonmustrecordthechairperson’sopinion,andthereasonsforit,inwriting.Page 166Current as at [Not applicable]
Division 3Crime and
Corruption Act 2001Chapter 3 Powers[s 146Y]Evidence of assumed identitiesNotauthorised—indicativeonlySubdivision 1Creation of
birth certificates forassumed identities146YApproval for creation of birth certificate
for assumedidentity(1)Thechairpersonmayapplytotheindependentmemberforauthoritytocreateabirthcertificate(abirthcertificateapproval)
for an assumed identity for an authorised person.(2)Theapplicationmustbewrittenandincludeenoughinformationtoenabletheindependentmembertoproperlyconsiderwhetherthebirthcertificateapprovalshouldbegranted.(3)Theindependentmembermaygrantthebirthcertificateapprovalonlyifsatisfiedgrantingtheapprovalisjustifiedhaving regard to
the nature of the activities undertaken or tobe undertaken by
the authorised person under the authority forthe assumed
identity.(4)A birth certificate approval granted
under this section must bewritten, signed by the independent
member, and state that anamed commission officer is authorised
under this section tocreateabirthcertificateforthepurposeofconcealingtheidentity of an authorised person.146ZGiving effect to birth certificate
approval(1)On the production to the
registrar-general, for inspection, of abirth
certificate approval—(a)thecommissionofficernamedintheapprovalmaycreateabirthcertificateasauthorisedundertheapproval; and(b)the
registrar-general must give the officer any help theofficer reasonably requires for the
purpose.Current as at [Not applicable]Page
167
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 146ZA](2)Thecommissionofficermust,ifpracticable,givetheregistrar-general at least 3 days
notice of the day the officerintends to
create the birth certificate under the birth certificateapproval.146ZA Destruction
of birth certificate created under s 146Z(1)Thissectionappliesinrelationtoabirthcertificatecreatedunder a birth certificate approval (acreated birth certificate).(2)Assoonaspracticableaftertheauthorityforanassumedidentitytowhichthecreatedbirthcertificaterelatesiscancelled, the chairperson—(a)must cause the created birth
certificate to be destroyed;and(b)mustnotifytheregistrar-generalthatthecreatedbirthcertificateisnolongerbeingusedandhasbeendestroyed.Subdivision
2Other provisions about evidence ofassumed identities146ZB Request for
evidence of assumed identity(1)This
section applies if an authority authorises a request underthis
section.(2)Thechairpersonmayaskthechiefexecutiveofficerofanissuing agency
stated in the authority to—(a)produce evidence of an assumed identity in
accordancewith the authority; and(b)give
evidence of the assumed identity to the authorisedperson named in the authority.(3)Therequestmuststateareasonableperiodforcompliancewith the
request.Page 168Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 146ZC](4)A request can not be made under this
section for the creationofabirthcertificateoracertifiedcopyofamarriagecertificate.(5)In
this section—evidencemeans evidence
similar to that ordinarily producedor given by the
issuing agency.146ZC Government issuing agency to comply
with requestThe chief executive officer of a government
issuing agencywhoreceivesarequestundersection 146ZBmustcomplywiththerequestwithinthereasonableperiodstatedintherequest.146ZD
Non-government issuing agency may comply withrequestThechiefexecutiveofficerofanon-governmentissuingagencywhoreceivesarequestundersection 146ZBmaycomply with the request.146ZE Cancelling
evidence of assumed identity(1)The
chief executive officer of an issuing agency who producesevidence of an assumed identity under this
part must cancelthe evidence if directed in writing to do so
by the chairperson.(2)In this section—cancelincludesdeleteoralteranentryinarecordofinformation.Current as at
[Not applicable]Page 169
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 146ZF]Subdivision 3Protections and
indemnities146ZF Protection from criminal
responsibility—officer ofissuing agency(1)A
person who does something under subdivision 1 or 2 that,apart from this section, would be an
offence, is not criminallyresponsible for the offence, if the
thing is done to give effectto a birth
certificate approval.(2)Also, the chief
executive officer, or an officer, of an issuingagencywhodoessomethingthat,apartfromthissection,wouldbeanoffence,isnotcriminallyresponsiblefortheoffence if the thing is done to comply
with a request undersection 146ZB or a direction under
section 146ZE.146ZG Indemnity for issuing agency and
officers in relation tocreation of birth certificates(1)This section applies if a birth
certificate approval is producedto the
registrar-general under section 146Z.(2)The
commission must indemnify the registrar-general, or anofficer of the registrar-general, for any
civil liability incurredby the registrar-general or officer,
including reasonable costs,if—(a)the liability is incurred because of
something done bytheregistrar-generalorofficertocomplywithsection 146Z; and(b)the
requirements, if any, prescribed under a regulationhave
been met.146ZH Indemnity for issuing agency and
officers in relation toother evidence of assumed
identities(1)This section applies if the
chairperson makes a request undersection 146ZB or
gives a direction under section 146ZE to thechief executive
officer of an issuing agency.Page 170Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 146ZI](2)Thecommissionmustindemnifytheissuingagency,oranofficeroftheagency,foranycivilliabilityincurredbytheagency or
officer, including reasonable costs, if—(a)the
liability is incurred because of something done bytheagencyorofficertocomplywiththerequestordirection in the course of duty; and(b)the requirements, if any, prescribed
under a regulationhave been met.146ZIProtection from criminal responsibility for
particularancillary conduct(1)Thissectionappliestoconduct,forexampleaidingorenablingthecommissionofanoffenceorconspiringtocommitanoffence(ancillaryconduct),forwhichapersonmaybecriminallyresponsiblebecauseitinvolvesconductengagedinbyanotherpersonforwhichtheotherpersonwould,apartfromsection
146ZF,becriminallyresponsible(therelated conduct).Note—TheCriminalCode,section 7(1)(b)and(c)makesprovisionforaperson who aids
or enables the commission of an offence, and theCriminal Code, chapter 56, makes provision
for conspiracy.(2)DespiteanyotherActorlaw,apersonwhoengagesinancillary conduct that is an offence,
whether or not the personis an authorised person or an officer
of an issuing agency, isnotcriminallyresponsiblefortheoffenceifatthetimetheperson engaged in the ancillary
conduct the person believedtherelatedconductwasbeingengagedin,orwouldbeengaged in, by an authorised person or
an issuing officer of anagency.Current as at
[Not applicable]Page 171
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 146ZJ]Division 4Effect of
authorities146ZJAssumed identity may be acquired and
used(1)An authorised identity officer may
acquire or use an assumedidentity if the acquisition or use
is—(a)in accordance with an authority;
and(b)in the course of duty.(2)An authorised civilian may acquire or
use an assumed identityif the acquisition or use is in
accordance with—(a)an authority; and(b)the
directions of the authorised civilian’s supervisor.146ZK
Protection from criminal responsibility—authorisedpersonIf an authorised
person does something that, apart from thissection,wouldbeanoffence,theauthorisedpersonisnotcriminally
responsible for the offence if—(a)the
thing is done in the course of acquiring or using anassumed identity under an authority;
and(b)the thing is done—(i)for
an authorised identity officer—in the course ofduty; or(ii)for an
authorised civilian—in accordance with thedirectionsoftheauthorisedcivilian’ssupervisor;and(c)doing the thing would not be an
offence if the assumedidentity were the authorised person’s
real identity.146ZL Indemnity for authorised person(1)This section applies if the
chairperson grants an authority.Page 172Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 146ZM](2)The commission must indemnify the
authorised person underthe authority against any civil
liability, including reasonablecosts, incurred
by the person, because of something done bythe person
if—(a)the thing is done in the course of
acquiring or using anassumed identity under the authority;
and(b)the thing is done—(i)for
an authorised identity officer—in the course ofduty; or(ii)for an
authorised civilian—in accordance with thedirectionsoftheauthorisedcivilian’ssupervisor;and(c)the requirements, if any, prescribed
under a regulationhave been met.(3)This
section does not limit thePolice Service AdministrationAct
1990, section 10.5.146ZM Particular
qualifications(1)Sections 146ZK and 146ZL do not apply
to anything done byan authorised person if—(a)a
particular qualification is needed to do the thing; and(b)the person does not have the
qualification.(2)Subsection (1)applieswhetherornottheauthorisedpersonhas
acquired, as evidence of an assumed identity, a documentthat
indicates that the person has the qualification.146ZN
Effect of being unaware of variation or cancellation ofauthority(1)If
an authority to acquire or use an assumed identity has beenvariedinawaythatlimitsitsscope,thispartcontinuestoapply to the authorised person to whom
the authority relatesasifithadnotbeenvariedinthatway,foraslongastheperson—Current as at [Not applicable]Page
173
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 146ZO](a)is unaware of the variation;
and(b)is not reckless about the existence of
the variation.(2)If an authority to acquire or use an
assumed identity has beencancelled, this part continues to
apply to the authorised personto whom the
authority related as if it had not been cancelled,for
as long as the person—(a)is unaware of
the cancellation; and(b)is not reckless
about the existence of the cancellation.(3)For
this section, a person is reckless about the existence of
thevariation or cancellation of an authority
if—(a)the person is aware of a substantial
risk that the variationor cancellation has happened;
and(b)having regard to the circumstances
known to the person,it is unjustifiable to continue to use
the assumed name ina way that was, but may no longer be,
authorised by theauthority because of the variation or
cancellation.Division 5Misuse of
assumed identity andinformation146ZO Misuse of
assumed identity(1)An authorised identity officer commits
an offence if—(a)theofficialintentionally,knowinglyorrecklesslyacquiresevidenceof,oruses,anassumedidentitycovered by the officer’s authority;
and(b)the official knows that, or is
reckless as to whether, theacquisition or
use is not—(i)in accordance with the officer’s
authority; or(ii)in the course of
duty.Maximum penalty—2 years imprisonment.(2)An authorised civilian commits an
offence if—Page 174Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 146ZP](a)thepersonintentionally,knowinglyorrecklesslyacquiresevidenceof,oruses,anassumedidentitycovered by the person’s authority;
and(b)the person knows that, or is reckless
as to whether, theacquisition or use is not in accordance
with—(i)the person’s authority; or(ii)the directions
of the person’s supervisor under theauthority.Maximum
penalty—2 years imprisonment.(3)This
section does not limit section 213.146ZP Disclosing
information about assumed identity(1)A
person commits an offence if—(a)thepersonintentionally,knowinglyorrecklesslydiscloses any
information; and(b)the person knows that, or is reckless
as to whether, theinformationreveals,orislikelytoreveal,thatanassumed identity acquired or used by
another person isnot the other person’s real identity;
and(c)the person knows that, or is reckless
as to whether, thedisclosure is not made—(i)in
connection with the administration or executionof this part;
or(ii)for the purposes
of any legal proceeding arising outof or otherwise
related to this part or of any reportof the
proceedings; or(iii)inaccordancewithanyrequirementimposedbylaw.Maximum
penalty—2 years imprisonment.(2)A
person commits a crime if the person commits an offenceagainst subsection (1) in circumstances in
which the person—Current as at [Not applicable]Page
175
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 146ZQ](a)intends to endanger the health or
safety of any person orprejudicetheeffectiveconductofaninvestigationorintelligence gathering in relation to
corruption; or(b)knows that, or is reckless as to
whether, the disclosure ofthe information—(i)endangers or will endanger the health or
safety ofany person; or(ii)prejudices or will prejudice the effective
conductofaninvestigationorintelligencegatheringinrelation to corruption.Maximum penalty—10 years
imprisonment.(3)This section does not affect section
213.Division 6Reporting and
record keeping146ZQ Report about authorities for assumed
identities etc.(1)As soon as practicable after the end
of each financial year, thechairperson must
give to the chairperson of the parliamentarycommitteeawrittenreportcontainingthefollowinginformationinrelationtothecommissionforthefinancialyear—(a)the number of authorities
granted;(b)ageneraldescriptionoftheactivitiesundertakenbyauthorised persons when using assumed
identities underthis part;(c)thenumberofapplicationsforanauthoritythatwererefused;(d)astatementaboutwhetherornotanyfraudorotherunlawfulactivitywasidentifiedbyanauditundersection 146ZS;(e)anyotherinformationrelatingtoauthorities,assumedidentitiesortheadministrationofthispartthattheparliamentary commissioner considers
appropriate.Page 176Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 146ZR](2)The report must not contain
information that, if made public,could reasonably
be expected to—(a)endanger a person’s safety; or(b)prejudice an investigation or
prosecution; or(c)compromise any law enforcement
agency’s operationalactivities or methodologies.(3)The chairperson of the parliamentary
committee must table acopyofthereportintheLegislativeAssemblywithin14sitting days after the chairperson receives
the report.(4)This section does not limit section
64.146ZR Record keeping(1)Thechairpersonmustkeepappropriaterecordsaboutthecommission’s operations under this
part.(2)Therecordsmustcontainallofthefollowinginformationabout each
authority granted under this part in relation to thecommission—(a)thedateonwhichtheauthoritywasgrantedandthename of the person who granted
it;(b)if the authority was varied or
cancelled under this part—the date it was varied or cancelled,
and the name of theperson who varied or cancelled it;(c)the name of the authorised person
under the authority;(d)detailsoftheassumedidentitytowhichtheauthorityrelates;(e)details of any request made to an
issuing agency undersection 146ZB in relation to the
authority;(f)thegeneralnatureofthedutiesundertakenbytheauthorised person under the assumed
identity;(g)general details of relevant financial
transactions enteredinto using the assumed
identity;(h)details of reviews of the authority
under section 146X.Current as at [Not applicable]Page
177
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 146ZS]146ZS
Audit of records(1)Thechairpersonmusthavetherecordskeptundersection
146ZRforeachauthoritygrantedinrelationtothecommission audited by the
parliamentary commissioner—(a)atleastonceevery6monthswhiletheauthorityisinforce; and(b)atleastonceinthe6monthsafterthecancellation orexpiry of the
authority.(2)The parliamentary commissioner must
give the chairperson awritten report of the results of the
audit.Division 7Delegation146ZT Delegation
generallyOther than as provided by this part, and
despite any other Actor law to the contrary, the powers of
the chairperson under thispart may not be delegated to any other
person.146ZU Delegation—chairperson(1)The chairperson may delegate any of
the chairperson’s powersunder this part relating to the
following to the chief executiveofficer or a
senior executive officer—(a)the granting,
variation and cancellation of authorities;(b)conducting reviews under section
146X;(c)authorisingthemakingofanapplicationtotheindependent member for a birth
certificate approval foran assumed identity;(d)making requests under section
146ZB.(2)Also,thechairpersonmaydelegatetoanauthorisedcommissionofficerthechairperson’spowerundersection
146Ytoapplytotheindependentmemberforauthority to create a birth
certificate for an assumed identity.Page 178Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 3 Powers[s 147](3)No more than 4 delegations may be in
force under this sectionat any time.Notauthorised—indicativeonlyPart
7Covert searches for crimeinvestigations147Application of pt 7This part
applies only for a crime investigation.148Covert search warrant applications(1)Anauthorisedcommissionofficer,withthechairperson’sapproval, may
apply to a Supreme Court judge for a warrant(covertsearchwarrant)toenterandsearchaplaceforevidence of the commission of major crime
being investigatedby the commission.(2)For
subsection (1), an authorised commission officer who is apolice officer must be of at least the rank
of inspector.(3)The application must—(a)be sworn and state the grounds on
which the warrant issought; and(b)statethatthecovertsearchwarrantisbeingsoughttoenter and search a place for evidence
of the commissionof major crime being investigated by the
commission;and(c)fullydiscloseallmatters,ofwhichtheauthorisedcommissionofficerisaware,bothfavourableandadverse to the issuing of the warrant
sought; and(d)includeinformationrequiredunderaregulationaboutany
warrants issued within the previous year in relationto
the place or person suspected of being involved in themajor crime to which the application
relates.(4)Subsection (3)(d) applies only
to—Current as at [Not applicable]Page
179
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 149](a)informationkeptinaregisterthattheofficermayinspect; and(b)information the officer otherwise actually
knows.(5)The applicant must advise the public
interest monitor of theapplication under arrangements decided
by the monitor.(6)Thejudgemayrefusetoconsidertheapplicationuntiltheapplicantgivesthejudgealltheinformationthejudgerequires about
the application in the way the judge requires.Example—Thejudgemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.149Who may be present at consideration of
application(1)The judge must hear an application for
a covert search warrantin the absence of anyone other than
the following—(a)the applicant;(b)a
monitor;(c)someone the judge permits to be
present;(d)a lawyer representing anyone mentioned
in paragraphs(a) to (c).(2)Also, the judge must hear the
application—(a)intheabsenceofthepersonthesubjectoftheapplication(therelevantperson)oranyonelikelytoinform the relevant person of the
application; and(b)without the relevant person having
been informed of theapplication.150Consideration of applicationBefore deciding the application, the judge
must, in particular,andbeingmindfulofthehighlyintrusivenatureoftheexercise of power under a covert
search warrant, consider thefollowing—Page 180Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 151](a)thenatureandseriousnessofthemajorcrimebeinginvestigated;(b)theextenttowhichissuingthewarrantwouldhelpprevent, detect,
or provide evidence of the commissionof, the major
crime;(c)thebenefitsderivedfromanypreviouscovertsearchwarrants,searchwarrantsorsurveillancewarrantsinrelation to the relevant person or
place;(d)theextenttowhichcommissionofficersinvestigatingthe matter have
used or can use conventional ways ofinvestigation;(e)how
much the use of conventional ways of investigationwould be likely to help in the investigation
of the matter;(f)how much the use of conventional ways
of investigationwould prejudice the investigation of the
matter;(g)any submissions made by a
monitor.151Issue of covert search warrant(1)Afterconsideringtheapplication,thejudgemayissuethewarrant if satisfied there are reasonable
grounds for believingevidence of the commission of the
major crime—(a)is at the place; or(b)islikelytobetakentotheplacewithinthenext72hours.(2)The
judge may impose any conditions on the warrant that thejudge considers are necessary in the public
interest.152What covert search warrant must
stateA covert search warrant must state the
following—(a)thatastatedcommissionofficer,oranycommissionofficer, may,
with reasonable help and force, enter theplace,covertlyorbysubterfugeandexercisecovertsearch powers under the warrant;Current as at [Not applicable]Page
181
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 153](b)the major crime for which the warrant
was issued;(c)any evidence or samples of evidence
that may be seizedunder the warrant;(d)that
the warrant may be executed at any time of the dayor
night;(e)that, if practicable, the search must
be videotaped;(f)the day and time the warrant starts
and when the warrantends,beingnotmorethan30daysafterthewarrantstarts;(g)any conditions imposed under section
151(2).153Duration and extension of covert
search warrant(1)Acovertsearchwarrantisinforceuntiltheearlierofthefollowing—(a)when
the warrant is stated to end;(b)when
the initial search is complete.(2)However, the warrant may be extended from
time to time onapplication.(3)Theprovisionsofthispartforanapplicationforacovertsearch warrant
apply to an application for an extension, withall necessary
changes.154Restriction about records and access
to covert searchwarrant applications(1)Despite theRecording of
Evidence Act 1962, a transcript of anapplication for
a covert search warrant or an extension of acovert search
warrant and any order made on the applicationmust not be
made.(2)Apersonmustnotpublishareportofaproceedingonanapplication for a covert search
warrant or an extension of acovert search
warrant.Page 182Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 155]Maximumpenalty—85penaltyunitsor1year’simprisonment.(3)A
person is not entitled to search information in the custody
ofthe Supreme Court in relation to an
application for a covertsearchwarrant,unlessaSupremeCourtjudgeotherwiseorders in the interests of justice.(4)Nothing in this section prevents a
person who was present at aproceeding on an
application for a covert search warrant or anextension of a
covert search warrant from giving oral evidenceto a court about
things that happened at the proceeding.155Powers under covert search warrantAcommissionofficertowhomacovertsearchwarrantisdirectedmay,subjecttothewarrant,lawfullyexercisethefollowing powers under the warrant (covert search powers)—(a)powertoentertheplacestatedinthewarrant(therelevant
place), covertly or through subterfuge, as
oftenasisreasonablynecessaryforthepurposesofthewarrantandstayattheplaceforthetimereasonablynecessary;(b)powertopassover,through,alongorunderanotherplace to enter the relevant place;(c)power to search the relevant place for
anything soughtunder the warrant;(d)powertoopenanythingattherelevantplacethatislocked;(e)powertoseizeathingorpartofathingfoundattherelevantplacethatthecommissionofficerreasonablybelieves is
evidence of the commission of major crimestated in the
warrant;(f)powertophotographanythingthecommissionofficerreasonablybelievesmayprovideevidenceofthecommission of
major crime stated in the warrant;(g)power to inspect or test anything found at
the place.Current as at [Not applicable]Page
183
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 156]156Report on covert search(1)A commission officer must give to the
Supreme Court judgewho issued the covert search warrant and a
monitor a reportcontaininginformationrequiredunderaregulationontheexercise of the powers under the
warrant.(2)The report must be given to the judge
and a monitor within 7days after the warrant is executed or,
if that is impracticablebecauseoftheunavailabilityofthejudge,assoonaspracticable after the warrant is
executed.(3)Theofficermust,ifpracticable,alsotakebeforethejudgeanything seized
under the warrant and any photograph takenduring the
search.(4)Thejudgemay,inrelationtoathingmentionedinsubsection (3), order that it—(a)beheldbythecommissionuntilanyproceedinginwhich the thing may be evidence ends;
or(b)be dealt with in the way the judge
orders.Part 8Additional
powers with court’sapproval157Application of pt 8(1)This
part applies only for a corruption investigation or a crimeinvestigation relating to terrorism.(2)In this section—terrorismincludes something that is—(a)preparatory to the commission of
terrorism; or(b)undertakentoavoiddetectionof,orprosecutionfor,terrorism.Page 184Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 158]158Additional powers warrant
applications(1)Withthechairperson’sapproval,anauthorisedcommissionofficermayapplytoaSupremeCourtjudgeforawarrant(additionalpowerswarrant)authorisingtheuseofpowersunder this part.(2)For
subsection (1), an authorised commission officer who is apolice officer must be of at least the rank
of inspector.(3)The application must—(a)be sworn and state the grounds on
which the warrant issought; and(b)state the powers sought; and(c)fullydiscloseallmatters,ofwhichtheapplicantisaware, both favourable and adverse to the
issuing of thewarrant sought by the applicant.(4)The applicant must advise any person
the judge directs is to beadvised of the application.(5)Thejudgemayrefusetoconsidertheapplicationuntiltheapplicantgivesthejudgealltheinformationthejudgerequires about
the application in the way the judge requires.Example—Thejudgemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.159Who may be present at consideration of
application(1)The judge must hear an application for
an additional powerswarrant in the absence of anyone other
than the following—(a)the applicant;(b)someone the judge permits or directs to be
present;(c)a lawyer representing anyone mentioned
in paragraphs(a) or (b).(2)Also, the judge must hear the
application—Current as at [Not applicable]Page
185
Crime
and Corruption Act 2001Chapter 3 Powers[s 160](a)intheabsenceofthepersonthesubjectoftheapplication(therelevantperson)oranyonelikelytoinform the relevant person of the
application; and(b)without the relevant person having
been informed of theapplication.Notauthorised—indicativeonly160Consideration of
applicationBefore deciding the application, the judge
must, in particular,andbeingmindfulofthehighlyintrusivenatureoftheexerciseofpowerunderanadditionalpowerswarrant,consider the
following—(a)the nature and seriousness of the
corruption or terrorismbeing investigated;(b)thesignificancetothecommission’spurposesoftheobjects of the
proposed exercise of authority;(c)theextenttowhichcommissionofficersinvestigatingthematterhaveusedorcanuseotherpowersfortheinvestigation;(d)howmuchtheuseoftheadditionalpowerswouldbelikely to help in the investigation of the
matter;(e)any submissions made by a
monitor.161Issue of additional powers
warrant(1)Afterconsideringtheapplication,thejudgemayissuethewarrant for a period of not more than 30
days if satisfied therearereasonablegroundsforbelievingthattheuseoftheadditionalpowerssoughtisjustifiedintheparticularcircumstances of
the case.(2)The judge may impose any conditions on
the warrant that thejudge considers are necessary in the
public interest.162What additional powers warrant must
stateAn additional powers warrant must state the
following—Page 186Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 163](a)thatastatedcommissionofficer,oranycommissionofficer,may,withreasonablehelpandforce,enteraplace and exercise powers under the
warrant;(b)brief particulars of the corruption or
terrorism for whichthe warrant is issued;(c)any
evidence or samples of evidence that may be seizedunder the warrant;(d)that
the warrant may be executed at any time of the dayor
night;(e)the day and time the warrant starts
and when the warrantends;(f)any
conditions imposed under section 161(2).163Duration and extension of additional powers
warrant(1)An additional powers warrant is in
force until the earlier of thefollowing—(a)when
the warrant is stated to end;(b)when
the initial search is complete.(2)However, the warrant may be extended from
time to time onapplication.(3)The
provisions of this part for an application for an additionalpowers warrant apply to an application for
an extension, withall necessary changes.164Restriction about records and access to
additionalpowers warrant applications(1)Despite theRecording of
Evidence Act 1962, a transcript of anapplication for
an additional powers warrant or an extensionof an additional
powers warrant and any order made on theapplication must
not be made.(2)Apersonmustnotpublishareportofaproceedingonanapplication for an additional powers
warrant or an extensionof an additional powers
warrant.Current as at [Not applicable]Page
187
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 165]Maximumpenalty—85penaltyunitsor1year’simprisonment.(3)A
person is not entitled to search information in the custody
oftheSupremeCourtinrelationtoanapplicationforanadditionalpowerswarrant,unlessaSupremeCourtjudgeotherwise orders
in the interests of justice.(4)Nothing in this section prevents a person
who was present at aproceeding on an application for an
additional powers warrantor an extension of an additional
powers warrant from givingoralevidencetoacourtaboutthingsthathappenedattheproceeding.165Powers under additional powers
warrant(1)A commission officer to whom an
additional powers warrantis directed may, subject to the
warrant, lawfully exercise thefollowing powers
under the warrant—(a)power, at any time during business
hours—(i)toenterpremisesatwhichrecordsofafinancialentityorasuspectedassociateofapersonbeinginvestigated are
held; and(ii)toinspectandmakecopiesof,ortakeextractsfrom, the
records so far as they relate to the affairsof the person
being investigated;(b)powertoseizepassports,othertraveldocuments,instruments of
title to property, securities and financialdocumentsfoundinthepossessionorcontrolofaperson concerned in an
investigation;(c)power to require a person to give to
the commission orofficer1ormoreswornaffidavitsorstatutorydeclarationsrelatingtothepropertyof,financialtransactions of,
or movements of money or other assetsby—(i)for a corruption investigation—a
person holding anappointment in a unit of public
administration orPage 188Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 166]someoneassociatedwiththepersonholdingtheappointment; or(ii)foracrimeinvestigationrelatingtoterrorism—aperson being
investigated or a suspected associateof the person
being investigated.(2)In this section—financial
entitymeans—(a)a
financial institution; or(b)an insurance
company; or(c)a stock and share broker; or(d)a person engaged in a business
of—(i)investing money for others; or(ii)providing credit
facilities.personbeinginvestigatedmeansapersontowhomaninvestigation by the commission
relates.suspected associate, of a person
being investigated, means apersonsuspectedofhavingarelevantassociationwiththeperson being investigated.Part
9Warrants register166Register of warrants, warrant applications
etc.(1)Thecommissionmustkeeparegisterofprescribedinformation in
the way the commission considers appropriate.(2)The
register is not open to inspection by anyone other than thefollowing—(a)the
commission;(b)a monitor;(c)the
parliamentary commissioner.Current as at
[Not applicable]Page 189
Crime
and Corruption Act 2001Chapter 3 Powers[s 166]Notauthorised—indicativeonly(3)However,ifthecommissionconsidersitappropriate,thecommission may, in writing, authorise a
person who may nototherwiseinspecttheregistertoinspecttheregisteronconditions the commission considers
appropriate.(4)The commission may authorise a person
to inspect the registerundersubsection
(3)onlyifitissatisfiedtheinspectionisnecessary—(a)for
an investigation into major crime or corruption, or aconfiscation related investigation, for
which informationin the register may be relevant; or(b)for maintaining the register;
or(c)forpreparinganapplicationunderpart2,orpart6,division 2, or part 7 for a warrant or for
an extension of awarrant; or(d)to
monitor compliance with this Act.(5)Apersonauthorisedundersubsection (3)toinspecttheregistermayinspectitonlytotheextentnecessaryforthepurpose for
which the authority is given.(6)In
this section—prescribed informationmeans
information prescribed under aregulation
about—(a)applications for—(i)search warrants; or(ii)surveillance warrants; or(iii)extensions of
surveillance warrants; or(iv)covert search
warrants; or(v)extensions of covert search warrants;
or(vi)additional
powers warrants; or(vii) extensions of additional powers
warrants; or(viii) approvals for controlled operations
or variations ofapprovals for controlled operations under
this Act;orPage 190Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 167](ix)monitoring
orders; or(x)suspension orders; or(b)a disclosure of information under
section 130(2)(f)(ii) or(g).Part 10Arrest warrants167Arrest warrant application(1)Anauthorisedcommissionofficer,withthechairperson’sapproval,mayapplytoamagistrateforawarrantfortheapprehension of a person (arrest warrant) who has been
givenan attendance notice.(2)The
application must be sworn and state the grounds on whichthe
warrant is sought.(3)The magistrate may refuse to consider
the application until theofficer gives the magistrate all the
information the magistraterequiresabouttheapplicationinthewaythemagistraterequires.168Issue of arrest warrant(1)The magistrate may issue a warrant for
the apprehension ofthe person if the magistrate is
satisfied—(a)on sworn evidence before the
magistrate—(i)the person—(A)has
been given the attendance notice; and(B)has,withoutreasonableexcuse,failedtoattend at the commission hearing as
requiredby the notice; or(ii)thepersonhasmadearepresentationthatthepersonintendsnottoattendatacommissionhearing as
required by the attendance notice; andCurrent as at
[Not applicable]Page 191
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 169](b)it is in the public interest that the
person be compelled toattend at the hearing to avoid
prejudice to the conduct ofan
investigation.(2)For subsection (1)(a)(ii), an arrest
warrant may be issued eventhough the time stated in the
attendance notice for the personto attend has
not yet passed.(3)In this section—representationincludes—(a)an express or implied representation,
whether oral or inwriting; and(b)a
representation inferred from conduct; and(c)arepresentationnotintendedbyitsmakertobecommunicated to or seen by another
person.169What arrest warrant authorises(1)Thearrestwarrantauthorisesanyauthorisedcommissionofficerorpoliceofficer(authorisedofficer)towhomitisaddressedtoenteraplace,usingtheforcereasonablynecessary, and
to stay for a reasonable time on the place toapprehend the
person subject to the warrant.(2)The
person apprehended—(a)mustbebroughtimmediatelybeforeacommissionhearing;
and(b)maybedetainedincustodyuntilexcusedfromattendance at the hearing by the presiding
officer at thehearing.(3)TheBailAct1980appliestoapersontakenintocustodyunder an arrest
warrant in the same way it applies to a personin custody
charged with an offence.(4)The arrest
warrant may be executed by any authorised officerto
whom it is addressed.Page 192Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 170](5)An authorised officer executing the
arrest warrant may use theforcethatisreasonablynecessary,includingforcetoenterpremises, to
execute the warrant.(6)However,beforetheauthorisedofficerusesforcethatmaycausedamagetoaplacetogainentrytotheplace,theauthorised officer must, if reasonably
practicable—(a)asktheoccupieroftheplacetoallowtheauthorisedofficer to enter
the place; and(b)give the occupier a reasonable
opportunity to allow theentry.170Provision for overnight detentionUnless the arrest warrant otherwise
provides, if the person isrequiredtobedetainedovernight,thecommissionmustarrangeforthepersontobeprovidedwithaccommodationand meals to a
standard comparable to that generally providedto jurors kept
together overnight.171Person’s liability for noncompliance
with attendancenotice unaffected by issue of arrest
warrantTheissueofanarrestwarrantfortheapprehensionofaperson,ortheapprehensionofapersonunderthearrestwarrant,doesnotrelievethepersonfromanyliabilityincurred by the
person for noncompliance with an attendancenotice.Part
11General172Commission officer may use assistance in
exercisingparticular powers(1)It
is lawful for a commission officer exercising a power underthis
Act—Current as at [Not applicable]Page
193
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 3 Powers[s 173](a)to seek the assistance of another
person (anassistant)the
officer reasonably requires for performing a functionof
the commission; or(b)to take onto a place any assistant,
equipment, vehicle,animalormaterialtheofficerreasonablyrequiresforexercising the power.Examples—1A
commission officer may seek the help of an electrician to
installa listening device under a surveillance
warrant.2A commission officer may seek the help
of a translator to interpretconversationsandvisualimagesrecordedusingasurveillancedevice.(2)The commission officer may authorise
the assistant—(a)to take stated action at the place;
and(b)toexercisestatedpowersthecommissionofficerisauthorised to exercise.(3)However,thecommissionofficercannotauthorisetheassistant to apprehend a
person.(4)Thecommissionofficermust,ifpracticable,telltheassistant—(a)of
the action the assistant is authorised to take; and(b)of the assistant’s powers under this
section.(5)Subsection (1)applies,inrelationtoanimals,despiteanyother Act or law.173Protection for assistants from
liability(1)An assistant does not incur civil
liability for an act done, oromission made,
honestly and without negligence, while actingas an
assistant.(2)If subsection (1) prevents a liability
attaching to an assistant,liability attaches instead to the
State.Page 194Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 3 Powers[s 174]174Commission’s powers generally(1)Without limiting the commission’s
specific powers under thisoranotherAct,thecommissionhaspowertodoallthingsnecessary or convenient to be done for or in
connection with,or reasonably incidental to, the performance
of its functions.Note—See, for
example, thePolice Powers and Responsibilities Act
2000,chapter 11 (Controlled
operations).(2)A person who is a member of a relevant
office whose servicesare seconded to the commission under
section 255 retains, andmay exercise, all powers had by the
person as a member of theoffice.(3)In
this section—relevantofficemeansaunitofpublicadministrationoranoffice within a unit of public
administration.175Supplying officer’s details(1)This section applies if a commission
officer—(a)searchesaplaceunderawarrant,otherthanacovertsearch warrant,
under this chapter; or(b)seizesanyproperty,otherthanunderacovertsearchwarrant, under this chapter.(2)The officer must, as soon as is
reasonably practicable, informthe person the
subject of the power of the following—(a)the
fact that the officer is a commission officer;(b)the
officer’s name;(c)iftheofficerisapoliceofficer,hisorherrankandstation.(3)If
the officer is not a police officer in uniform, the officer
mustalso produce for inspection his or her
identity card.(4)If 2 or more officers are searching a
place, only the officer inchargeofthesearchisrequiredtocomplywithCurrent as at [Not applicable]Page
195
Crime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 176]subsections (2)
and (3), unless a person asks another officerfor the
information.Notauthorised—indicativeonlyChapter 4Hearings and
decidingclaims of privilege andexcusePart
1Proceedings176Commission may hold hearings(1)Thecommissionmayauthorisetheholdingofahearinginrelationtoanymatterrelevanttotheperformanceofitsfunctions.(2)Subsection (1)doesnotauthorisethecommissiontoholdahearing for a confiscation related
investigation.(3)Thecommissionmayholdahearinginrelationtotheperformanceofitsintelligencefunctionifthehearingispermitted under an authorisation under
section 55A or 55D.177Whether hearings are to be open or
closed(1)Generally, a hearing is not open to
the public.(2)However—(a)for
a hearing for a crime investigation, the commissionmay
open the hearing to the public (public
hearing) ifit—(i)considersopeningthehearingwillmaketheinvestigationtowhichthehearingrelatesmoreeffectiveandwouldnotbeunfairtoapersonorcontrary to the public interest; andPage
196Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 178](ii)approves that the hearing be a public
hearing; or(b)forawitnessprotectionfunctionhearing,thecommission may open the hearing to the
public if it—(i)considersopeningthehearingwillmakethehearing more effective and—(A)would not be unfair to a person or
contrary tothe public interest; and(B)would not threaten the security of a
protectedpersonortheintegrityofthewitnessprotectionprogramorotherwitnessprotection activities of the commission;
and(ii)approves that
the hearing be a public hearing; or(c)forahearingotherthanahearingmentionedinparagraph(a)or(b),thecommissionmayopenthehearing to the public if it—(i)considers closing the hearing to the
public wouldbeunfairtoapersonorcontrarytothepublicinterest;
and(ii)approves that
the hearing be a public hearing.(3)A
decision about whether a hearing should be a public hearingmust
not be delegated.(4)If the commission decides to open a
hearing to the public, thepresiding officer for the hearing may
close the hearing for aparticular purpose.178Who must conduct hearings(1)The chairperson must conduct a public
hearing.(2)However,ifthechairpersonconsidersitnecessaryfortheefficient operation of the commission,
a public hearing maybe conducted by a sessional
commissioner or senior executiveofficer as
decided by the chairperson.(2A)Morethan1publichearingmaybeconductedatthesametime.Current as at
[Not applicable]Page 197
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 4 Hearings and deciding claims of
privilege and excuse[s 179](3)A
closed hearing may be conducted by any of the following asdecided by the chairperson—(a)the chairperson;(b)a
sessional commissioner;(c)a senior
executive officer;(d)anotherpersonqualifiedforappointmentasthechairperson.179Who
may be present at closed hearings(1)The
presiding officer conducting a closed hearing may give adirection about who may be present at the
hearing.(2)Apersonmustnotknowinglycontraveneadirectionundersubsection (1).Maximumpenalty—85penaltyunitsor1year’simprisonment.(3)In
this section—hearingincludes part of
a hearing.180Conduct of hearings(1)When conducting a hearing, the
presiding officer—(a)mustactquickly,andwithaslittleformalityandtechnicality,asisconsistentwithafairandproperconsideration of
the issues before the presiding officer;and(b)is not bound by the rules of evidence;
and(c)may inform himself or herself of
anything in the way heor she considers appropriate;
and(d)maydecidetheprocedurestobefollowedforthehearing.Page 198Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 181](2)The
presiding officer or a person nominated by the presidingofficerforthepurposemayadministeranoath,ortakeastatutory declaration, required by the
presiding officer.(3)The presiding officer may, by order,
prohibit the publicationof—(a)an
answer given, or document or thing produced, at acommissionhearingoranythingabouttheanswer,document or
thing; or(b)information that might enable the
existence or identityof a person who is about to give or
has given evidencebefore the commission at a hearing to be
ascertained.(4)The presiding officer is taken, for
the purposes of the hearing,to be the
commission.181Legal representation and
examination(1)A witness at a commission hearing may
be legally representedat the hearing.(2)A
witness may be examined, cross-examined or re-examinedon
any matter the presiding officer considers relevant by—(a)the presiding officer; or(b)counsel assisting the commission at
the hearing; or(c)a person authorised by the presiding
officer; or(d)a lawyer representing the
witness.(3)The presiding officer may allow a
person who is not givingsworn evidence at the hearing to be
legally represented at thehearingifthepresidingofficerconsiderstherearespecialcircumstances.182Right
to interpreter(1)This section applies if the presiding
officer at a commissionhearingreasonablysuspectsawitnessisunable,becauseofinadequate knowledge of the English
language or a physicalCurrent as at [Not applicable]Page
199
Crime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 183]disability, to
understand what is being said or to speak withreasonable
fluency in English.(2)Before the witness is questioned, the
presiding officer mustarrangeforthepresenceofaninterpreteranddelaythequestioning until the interpreter is
present.Notauthorised—indicativeonlyPart 2Refusals and
claims ofprivilege and reasonableexcuseDivision 1Refusal to be
sworn183Refusal to take oathApersonattendingatacommissionhearingtogiveswornevidence must not fail to take an oath when
required by thepresiding officer.Maximumpenalty—200penaltyunitsor5yearsimprisonment.Division 2Refusal to produceSubdivision
1Crime investigations andintelligence and
witness protectionfunctions184Application of sdiv 1This subdivision
applies only in the context of—(a)a
crime investigation; or(b)an intelligence
function hearing; or(c)a witness
protection function hearing.Page 200Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 185]Notauthorised—indicativeonly185Refusal to produce—claim of reasonable
excuse(1)A person required to produce a stated
document or thing at acommissionhearingunderanattendancenoticeorasection 75B
requirement—(a)in all cases, bring the document or
thing to the hearing ifthe document or thing is in the
person’s possession; and(b)produce the
document or thing at the hearing, unless theperson has a
reasonable excuse.Maximumpenalty—200penaltyunitsor5yearsimprisonment.(2)A
claim of privilege, other than legal professional privilege,
isnot a reasonable excuse for subsection
(1)(b).Note—Arefusaltoproduceadocumentorthingunderaclaimoflegalprofessional
privilege is considered under section 194.(3)Aclaimoflegalprofessionalprivilegeisnotareasonableexcuse for
subsection (1)(b) if—(a)thepersonhasauthoritytowaivetheprivilegeandwaives it; or(b)the
privilege is waived by a person having authority towaive it.(4)Thepresidingofficermustdecideaclaimofreasonableexcuse mentioned
in subsection (1)(b) under section 194.(5)Subsection (6) applies if the person—(a)at the hearing, refuses to produce the
document or thingon the ground that legal professional
privilege attachesto the document or thing; and(b)has no authority to waive the
privilege.(6)The person must, if required by the
presiding officer—(a)tellthepresidingofficerthenameandaddressoftheperson entitled to waive the
privilege; and(b)seal the document or thing and, at the
hearing, give it tothe commission for safe keeping.Current as at [Not applicable]Page
201
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 4 Hearings and deciding claims of
privilege and excuse[s 186]Maximumpenalty—200penaltyunitsor5yearsimprisonment.(7)The
commission must—(a)givethepersonareceiptforthesealeddocumentorthing (thesealed
evidence); and(b)placeitinsafecustodyatthecommission’splaceofbusiness at the earliest reasonable
opportunity.(8)A person must not open the sealed
evidence unless authorisedto open it under this Act or a court
order.Maximumpenalty—85penaltyunitsor1year’simprisonment.(9)The
commission must return the sealed evidence to the personwhogaveittothecommissionifthecommissionhasnot,within 3 months
after the day on which the sealed evidencewasgiventothecommission,giventhepersonentitledtowaive the privilege a notice to attend
a hearing and to producethe sealed evidence.186Return of sealed documents or things
for decision onclaim of privilege at hearing(1)If—(a)apersonhasgiventoacommissionofficerundersection
78asealeddocumentorthing(thesealedevidence);
and(b)the commission has given the person a
notice to attend ahearing to produce the sealed
evidence;the commission must return the sealed
evidence to the personat the hearing before the person is
required at the hearing toproduce the sealed evidence.(2)If—(a)apersonhasgiventhecommissionundersection 185(6)(b) a sealed document or thing
(also thesealed evidence); andPage
202Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 187](b)thecommissionhasgivenanotherpersonanoticetoattend a hearing to produce the sealed
evidence;the commission must give the sealed evidence
to the personattendingthehearingbeforethepersonisrequiredatthehearing to produce the sealed
evidence.Subdivision 2Corruption
investigations187Application of sdiv 2This
subdivision applies only in the context of a corruptioninvestigation.188Refusal to produce—claim of reasonable
excuse(1)This section applies if a person is
required to produce a stateddocument or
thing—(a)toanidentifiedcommissionofficerunderanoticetodiscover under section 75; or(b)at a commission hearing under an
attendance notice; or(c)under a section
75B requirement.(2)The person must—(a)inallcases,bringthedocumentorthingtothecommission officer or to the hearing
if the document orthing is in the person’s possession;
and(b)producethedocumentorthingtothecommissionofficeroratthehearing,unlessthepersonhasareasonable excuse.Maximumpenalty—200penaltyunitsor5yearsimprisonment.(3)Itisnotareasonableexcuseforsubsection (2)(b)tofailtoproducethedocumentorthingbecauseproducingthedocument or thing might tend to incriminate
the person.Current as at [Not applicable]Page
203
Crime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 189](4)Section 197 does not apply to a document or
thing producedunder this section.Notauthorised—indicativeonlyDivision 3Refusal to
answerSubdivision 1Crime
investigations andintelligence and witness protectionfunctions189Application of sdiv 1Thissubdivisionappliesonlyinthecontextofthefollowing—(a)a
crime investigation;(b)an intelligence
function hearing; or(c)a witness
protection function hearing.190Refusal to answer question(1)A witness at a commission hearing must
answer a questionput to the person at the hearing by the
presiding officer, unlessthe person has a reasonable
excuse.Maximumpenalty—200penaltyunitsor5yearsimprisonment.(2)The
person is not entitled—(a)to remain
silent; or(b)torefusetoanswerthequestiononagroundofprivilege, other than legal professional
privilege.(3)If—(a)the
person refuses to answer a question on the groundtheanswertothequestionwoulddiscloseacommunicationtowhichlegalprofessionalprivilegeattaches; andPage 204Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 191](b)the
person has no authority to waive the privilege;the person must,
if required by the presiding officer, tell theofficerthenameandaddressofthepersontowhomorbywhom the communication was
made.Maximumpenalty—200penaltyunitsor5yearsimprisonment.Subdivision
2Corruption investigations191Application of sdiv 2This
subdivision applies only in the context of a corruptioninvestigation.192Refusal to answer question(1)A witness at a commission hearing must
answer a questionput to the person at the hearing by the
presiding officer.Maximumpenalty—200penaltyunitsor5yearsimprisonment.(2)The
person is not entitled—(a)to remain
silent; or(b)torefusetoanswerthequestiononthegroundoftheself-incriminationprivilegeorthegroundofconfidentiality.(2A)The
person is entitled to refuse to answer the question on thefollowing grounds of privilege—(a)legal professional privilege;(b)public interest immunity;(c)parliamentary privilege.(3)If—(a)the
person refuses to answer a question on the groundtheanswertothequestionwoulddiscloseaCurrent as at [Not applicable]Page
205
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 4 Hearings and deciding claims of
privilege and excuse[s 193]communicationtowhichlegalprofessionalprivilegeattaches; and(b)the
person has no authority to waive the privilege;the person must,
if required by the presiding officer, tell theofficerthenameandaddressofthepersontowhomorbywhom the communication was
made.Maximum penalty for subsection (3)—200
penalty units or 5years imprisonment.Division 4Deciding claimsSubdivision
1Crime investigations andintelligence and
witness protectionfunctions193Application of sdiv 1Thissubdivisionappliesonlyinthecontextofthefollowing—(a)a
crime investigation;(b)an intelligence
function hearing;(c)a witness protection function
hearing.194Presiding officer to decide whether
refusal to answerquestions or produce documents or things is
justified(1)This section applies if a person
claims to have a reasonableexcuse,includingareasonableexcusebasedonaclaimoflegalprofessionalprivilege,fornotcomplyingwitharequirement made of the person at a
commission hearing—(a)to answer a question put to the
person; or(b)toproduceadocumentorthingthatthepersonwasrequired to produce.Page 206Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 194](1A)The
presiding officer must decide whether ornot there is
areasonable excuse.(1B)The
presiding officer must decide, after hearing the person’ssubmissions—(a)that
the requirement will not be insisted on; or(b)thattheofficerisnotsatisfiedthepersonhasareasonable excuse.(2)Ifthepresidingofficerdecides,afterhearingtheperson’ssubmissions,
that the person has a reasonable excuse based onself-incriminationprivilegefornotcomplyingwiththerequirement—(a)the
presiding officer may require the person to complywith
the requirement; and(b)section 197
applies in relation to the answer, documentor thing given
or produced.(3)Ifthepresidingofficerdecidesthepersondidnothaveareasonable excuse for not complying with the
requirement, thepresiding officer must—(a)give
the person reasons for the decision; and(b)require the person to answer the question,
or to producethedocumentorthingasrequiredbytheattendancenotice,subjecttotheperson’srightofappealundersection 195; and(c)advisethepersonthatthepersonmayappealthepresiding officer’s decision to the Supreme
Court withinthe time allowed under section 195.Note—A refusal to
comply with the requirement to answer the question orproduce the document or thing is an offence
against section 185 or 192.(4)If—(a)the person is
required to produce a document or thingunder subsection
(3); andCurrent as at [Not applicable]Page
207
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 4 Hearings and deciding claims of
privilege and excuse[s 195](b)the
person informs the presiding officer that the personwishestoappealorconsideranappealundersection 195;the person must
immediately seal the document or thing andgive it to the
commission for safekeeping.Maximumpenalty—85penaltyunitsor1year’simprisonment.(5)The
commission must—(a)givethepersonareceiptforthesealeddocumentorthing (thesealed
evidence); and(b)placeitinsafecustodyatthecommission’splaceofbusiness at the earliest reasonable
opportunity.(6)A person must not open the sealed
evidence unless authorisedto open it under this Act or a court
order.Maximumpenalty—85penaltyunitsor1year’simprisonment.(7)If
the person fails to apply for leave to appeal within the
timeallowed under section 195, or leave to
appeal is refused underthat section, the commission may
access the sealed evidence.195Appeals to
Supreme Court(1)A person may appeal against a decision
of a presiding officergiven under section 194(3)(b)
if—(a)the person applies for leave to appeal
the decision within7courtdaysafterthepersonisgiventhepresidingofficer’s
reasons for decision; and(b)the Supreme
Court grants leave to appeal.(2)The
Supreme Court may grant leave to appeal only if the courtis
satisfied—(a)iftheappealrelatestoadocumentorthing—thedocumentorthinghasbeengiventothecommissionand placed in
safe custody; andPage 208Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 195](b)inallcases—theappealhasasignificantprospectofsuccessorthereissomeimportantquestionoflawinvolved.(3)An
application for leave to appeal must state the grounds ofthe
application.(4)The Supreme Court must deal with an
application for leave toappeal and the appeal
expeditiously.(5)Onhearingtheappeal,theSupremeCourtmaymakeanorder—(a)affirming the presiding officer’s decision;
or(b)setting aside the presiding officer’s
decision.(6)Ifthecourtaffirmsthepresidingofficer’sdecisionaboutadocument or thing, the commission may
access the documentor thing.(7)If
the court sets aside the decision about a document or thing,the
court must make an order directing that the document orthing be delivered to the person.(8)Apersonmayappealonlyonceundersubsection (1)inrelationtoaparticularreasonableexcuseclaimedbytheperson for not answering a question or
producing a documentor thing at a commission
hearing.(9)An application for leave to appeal,
and an appeal, under thissection are to be heard in closed
court.Note—See also section
200A in relation to the confidentiality of proceedingsunder this section.(10)However,thecourtmaypermitapersontobepresentatahearing for the application for leave
to appeal, or appeal, inthe interests of justice.Current as at [Not applicable]Page
209
Crime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 195A]Subdivision
1AConfiscation related investigationsNotauthorised—indicativeonly195AApplication of
sdiv 1AThis subdivision applies only in the context
of a confiscationrelated investigation.195BSupreme Court to decide claim of
privilege(1)Thissectionappliesifapersonmakesaclaimofprivilegeunder section
74A in relation to a document or thing.(2)The
chairperson or the person making the claim of privilegemay
apply to a Supreme Court judge to decide whether theclaimisestablishedand,ifestablished,whetheritistobeupheld.(3)The
burden of proof on the application is on the person whoseekstowithholdthedocumentorthingortopreventtheexercise of authority.(4)The
judge must consider submissions and decide whether theclaim is established.(5)If
the judge decides that the claim is established on a groundof
public interest immunity, the judge may order the person toproduce the document or thing to the
commission if the judgedecides that, on balance, the public
interest is better served byproducing the
document or thing.(6)If the judge decides that the claim is
established on a groundof confidentiality, the judge must
order the person to producethedocumentorthingtothecommissionunlessthejudgedecidesthattoproducethedocumentorthingwouldbeagainst the public interest.(7)Ifthejudgedecidesthattheclaimofself-incriminationprivilegeisestablished,thejudgemustorderthepersontoproduce the document or thing to the
commission.(8)Costs of an application made in
relation to a claim of privilegeare to be borne
by the commission, unless otherwise orderedPage 210Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 196]bythejudgeonthegroundthattheclaimisfrivolousorvexatious.Notauthorised—indicativeonlySubdivision 2Corruption
investigations196Supreme Court to decide claim of
privilege(1)Thissectionappliesifapersonmakesaclaimofprivilegeunder section
73, 75, 94 or 111 in relation to information or adocument or thing or under section 192 in
relation to a refusalto answer a question.(2)The chairperson or the person making
the claim of privilegemay apply to a Supreme Court judge to
decide whether theclaimisestablishedand,ifestablished,whetheritistobeupheld.(3)The
burden of proof on the application is on the person whoseekstowithholdtheinformation,documentorthingortoprevent the exercise of
authority.(4)The judge must consider submissions
and decide whether theclaim is established.(5)If the judge decides that the claim is
established on a groundof public interest immunity, the judge
may order the person togive the information or produce the
document or thing to thecommission if the judge decides that,
on balance, the publicinterestisbetterservedbygivingtheinformationorproducing the document or thing.(6)If the judge decides that the claim is
established on a groundof confidentiality, the judge must
order the person to give theinformationorproducethedocumentorthingtothecommissionunlessthejudgedecidesthattogivetheinformationorproducethedocumentorthingwouldbeagainst the public interest.(7)Costs of an application made in
relation to a claim of privilegeare to be borne
by the commission, unless otherwise orderedbythejudgeonthegroundthattheclaimisfrivolousorvexatious.Current as at
[Not applicable]Page 211
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 4 Hearings and deciding claims of
privilege and excuse[s 197]Division 5Restrictions on use197Restriction on use of privileged answers,
documents,things or statements disclosed or produced
undercompulsion(1)This
section applies if—(a)beforeanindividualanswersaquestionputtotheindividual by
the commission or a commission officer orproduces a
document or thing or a written statement ofinformation to
the commission or a commission officer,theindividualclaimsself-incriminationprivilegeinrelation to the answer or production;
and(b)apart from this Act, the individual
would not be requiredto answer the question or produce the
document, thingorstatementinaproceedingiftheindividualclaimedself-incrimination privilege in relation to
the answer orproduction; and(c)theindividualisrequiredtoanswerthequestionorproduce the document, thing or
statement.(2)The answer, document, thing or
statement given or producedisnotadmissibleinevidenceagainsttheindividualinanycivil, criminal or administrative
proceeding.(3)However,theanswer,document,thingorstatementisadmissible in a civil, criminal or
administrative proceeding—(a)with the
individual’s consent; or(b)if the
proceeding is about—(i)thefalsityormisleadingnatureofananswer,document,thingorstatementmentionedinsubsection (1)andgivenorproducedbytheindividual; or(ii)an
offence against this Act; or(iii)a
contempt of a person conducting the hearing; orPage 212Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 198](c)iftheproceedingisaproceeding,otherthanaproceeding for the prosecution of an
offence, under theConfiscationActandtheanswer,document,thingorstatement is admissible under section
265 of that Act.(4)Also, the document is admissible in a
civil proceeding about aright or liability conferred or
imposed by the document.(5)In a commission
hearing, the presiding officer may order thatall answers or a
class of answer given by an individual or thatalldocumentsorthingsoraclassofdocumentorthingproduced by an
individual is to be regarded as having beengiven or
produced on objection by the individual.(6)If
the presiding officer makes an order under subsection (5),the
individual is taken to have objected to the giving of eachanswer, or to the producing ofeach
document or thing, thesubject of the order.(7)Subsection (2) does not prevent any
information, document orother thing obtained as a direct or
indirect consequence of theindividual
giving or producing the answer, document, thing orstatementfrombeingadmissibleinevidenceagainsttheindividual in a civil, criminal or
administrative proceeding.Part 3Contempt198Contempt of person conducting
commission hearing(1)A person is in contempt of the
presiding officer conducting acommission
hearing if the person—(a)insults the
member while the member is conducting thehearing;
or(b)deliberately interrupts the hearing;
or(c)atthehearing,contravenesaprovisionofthisActrelating to the hearing; or(d)creates or continues or joins in
creating or continuing, adisturbanceinornearaplacewherethepresidingofficer is
conducting the hearing; orCurrent as at [Not applicable]Page
213
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 4 Hearings and deciding claims of
privilege and excuse[s 198A](e)does
anything at the hearing or otherwise that would becontempt of court if the presiding officer
were a judgeacting judicially.(2)Thepresidingofficermayorderthatapersonwhoundersubsection (1)
is in contempt of the commission at a hearingbeexcludedfromtheplacewherethehearingisbeingconducted.(3)Acommissionofficer,actingunderthepresidingofficer’sorder,may,usingnecessaryandreasonablehelpandforce,exclude the
person from the place.(4)Toremoveanydoubt,itisdeclaredthatthefollowingcontraventions
relating to a hearing may be certified in writingto
the Supreme Court under section 199 as a contempt of thepresiding officer—(a)a
failure by a person, under section 183, to take an oathwhen
required by the presiding officer;(b)afailurebyaperson,undersection 185or188,toproduceastateddocumentorthingatacommissionhearingunderanattendancenoticeorasection
75Brequirement without reasonable
excuse;(c)afailurebyaperson,undersection
190or192,toanswer a question put to the person at the
hearing by thepresiding officer without reasonable or
lawful excuse.198APerson in contempt may be
detained(1)If the presiding officer expresses an
intention at the hearing tocertifythecontemptinwritingtotheSupremeCourt,thepresidingofficermay,duringthehearing,directapoliceofficertodetainthepersonforthepurposeofbringingtheperson before the Supreme Court to be dealt
with according tolaw.(2)If
the person is detained under subsection (1), the person mustbe
brought before the court as soon as practicable.Page
214Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 199]Notauthorised—indicativeonly199Punishment of contempt(1)Aperson’scontemptofthepresidingofficerconductingacommission hearing may be punished under
this section.(2)The presiding officer may certify the
contempt in writing tothe Supreme Court (thecourt).(3)For subsection (2), it is enough for
the presiding officer to besatisfied that
there is evidence of contempt.(4)The
presiding officer may issue a warrant directed to a policeofficer or all police officers for the
apprehension of the persontobebroughtbeforetheSupremeCourttobedealtwithaccording to
law.(5)TheBail Act
1980applies to the proceeding for the
contemptstartedbythecertificationinthesamewayitappliestoacharge of an offence.(6)The court must inquire into the
alleged contempt.(7)The court must hear—(a)witnesses and evidence that may be
produced against orfor the person whose contempt was certified;
and(b)any statement given by the person in
defence.(8)Ifthecourtissatisfiedthepersonhascommittedthecontempt, the court may punish the person as
if the person hadcommittedthecontemptinrelationtoproceedingsinthecourt.(8A)However,thecourtmustpunishthepersonincontemptbyimprisonment if—(a)the
contempt that is certified is—(i)a
failure by a person, under section 183, to take anoath
when required by the presiding officer; or(ii)a
failure by a person, under section 185 or 188, toproduceastateddocumentorthingatacommission hearing under an attendance
notice orasection 75Brequirementwithoutreasonableexcuse;
orCurrent as at [Not applicable]Page
215
Crime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 199]Notauthorised—indicativeonly(iii)a failure by a
person, under section 190 or 192, toanswer a
question put to the person at the hearingbythepresidingofficerwithoutreasonableorlawful excuse; and(b)thecourtissatisfiedthepersonhascommittedthecontempt.(8B)Themaximumpunishmentthecourtmayimposeforacontempt mentioned in subsection (8A)
is—(a)for the person’s first contempt—10
years imprisonment;or(b)fortheperson’ssecondcontempt—14yearsimprisonment; or(c)fortheperson’sthirdorsubsequentcontempt—lifeimprisonment.(8C)For
subsection (8B)—(a)despite any other law, a term of
imprisonment imposedundersubsection(8B)mustbeorderedtobeservedwholly in a
corrective services facility; and(b)if a
person is punished for more than 1 contempt, unlessthere are exceptional circumstances, the
punishment forthesecondcontemptorthirdorsubsequentcontemptmust
be for a term of imprisonment that is longer thanthe
term of imprisonment imposed on the person for theimmediately preceding contempt; and(c)thehearingsmentionedinsubsection(12),definitionsecond
contempt, may be the same hearing; and(d)thehearingsmentionedinsubsection(12),definitionthird or
subsequent contempt, may be the same hearing;and(e)the failure by a
person of a type mentioned in subsection(8A) that
constitutes the person’s second contempt, orthird or
subsequent contempt, may be the same failurebythepersonofatypementionedinsubsection(8A)thatconstitutedtheperson’sfirstcontemptorotherpreceding
contempt.Page 216Current as at
[Not applicable]
Crime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 199]Notauthorised—indicativeonly(8D)A person
punished by imprisonment under this section may bebroughtbeforethecommissiontoascertainwhethertheperson wishes to purge the
contempt.(8E)A person
imprisoned under this section may be brought beforetheSupremeCourt,ontheperson’sorthecommission’sapplication, for
a declaration that the person has purged thecontempt.(8F)Thecourtmayordertheperson’sdischargefromprisonbefore the end of the term—(a)if it is satisfied that the person has
purged the contempt;and(b)it
has heard the commission’s submissions in relation tothe
application and the person’s discharge from prison.(9)TheUniform Civil
Procedure Rules 1999apply to the court’sinvestigation,hearingandpowertopunish,withnecessarychanges.(9A)The court’s
hearing under this section is closed to the public.Note—See also section
200A in relation to the confidentiality of proceedingsunder this section.(9B)However, the court may permit a person to be
present at thehearing in the interests of justice.(10)The presiding
officer’s certificate of contempt is evidence ofthe
matters contained in the certificate.(11)Thepersonisnotexcusedfromattendingbeforeacommission hearing in obedience to an
attendance notice onlybecause the person is punished or
liable to punishment underthis section for contempt of the
presiding officer.(12)In this
section—first contempt, of a person,
means a failure by the person of atype mentioned
in subsection (8A).second contempt, of a person,
means a failure by the personofatypementionedinsubsection(8A)thattakesplaceinrelation to a hearing dealing with the same
subject matter asCurrent as at [Not applicable]Page
217
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 4 Hearings and deciding claims of
privilege and excuse[s 200]thatdealtwithinthehearinginwhichtheperson’sfirstcontempt was certified and for which the
person has served aterm of imprisonment imposed under
subsection (8B).third or subsequent contempt, of
a person, means a failure bythe person of a
type mentioned in subsection (8A) that takesplace in
relation to a hearing dealing with the same subjectmatter as that dealt with in the hearing in
which the person’sfirst contempt or other preceding contempt
was certified andforwhichthepersonhasservedatermofimprisonmentimposed under
subsection (8B).200Conduct that is contempt and
offence(1)If conduct of an offender is both
contempt of the presidingofficer conducting a commission
hearing and an offence, theoffender may be
proceeded against for the contempt or for theoffence, but the
offender is not liable to be punished twice forthe same
conduct.(2)In this section—offendermeansapersonguilty,orallegedtobeguilty,ofcontemptofthepresidingofficerconductingacommissionhearing.Part
4General200AConfidentiality of particular
proceedings(1)This section applies to the following
(eachthe proceeding)—(a)an application for leave to appeal, or
an appeal, undersection 195;(b)a
proceeding for contempt under section 199;(c)an
appeal against a decision in a proceeding mentionedin
paragraph (a) or (b).(2)The proceeding,
or a hearing in the proceeding, must not bementioned on a
published court list.Page 218Current as at
[Not applicable]
Crime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 200A]Notauthorised—indicativeonlyExample of published court list—daily law list(3)If a
party to the proceeding files an application or supportingmaterial for the proceeding, the application
or material mustbeaccompaniedbyanoticetotheregistrarstatingtheapplication or material—(a)isfiledforaproceedingmentionedinsubsection (1);and(b)is a document to which subsections (4)
to (6) apply.(4)No record of proceedings is to be
available for access by anyperson, unless
the court has, on application by a person, givenapproval for the access.(5)A
person is not entitled to search information in the custody
ofacourtinrelationtotheproceeding,unlessthecourtotherwise orders
in the interests of justice.(6)Subsections (4) and (5) do not apply in
relation to a party totheproceedingoralawyerrepresentingapartytotheproceeding.(7)Nothing in this section prevents the
publication of reasons foradecisionintheproceedingifthepublicationdoesnotidentify—(a)a
person; or(b)information that may prejudice—(i)aninvestigationbeingconductedbythecommission; or(ii)a
specific intelligence operation being undertakenby
the commission; or(iii)theperformanceofanotherfunctionofthecommission.(8)In
this section—record of proceedingsincludes—(a)atranscriptoftheproceeding(whetherwrittenorotherwise); andCurrent as at
[Not applicable]Page 219
Crime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 201](b)documents in the court file for the
proceeding; and(c)an appeal book in relation to the
proceeding.Notauthorised—indicativeonly201Commission must
give evidence to defence unless courtcertifies
otherwise(1)Thissectionappliesifapersonischargedwithanoffencebefore a court
and anything stated at, or a document or thingproduced at, a
commission hearing (theevidence) is
relevantevidence for the defence against the
charge.(2)On being asked by the defendant or the
defendant’s lawyer,the commission must give the evidence to the
defendant or thedefendant’slawyerunlessthecourtmakesanorderundersubsection (4).(3)Arequestundersubsection (2)maygenerallyidentifyevidence to be given to the defendant or
defendant’s lawyer.(4)On application by an authorised
commission officer, the courtmust order that
the evidence not be given to the defendant ordefendant’slawyerifthecourtconsidersthatitwouldbeunfair to a person or contrary to the public
interest to do so.(5)Evidence given to a defendant or a
defendant’s lawyer undersubsection (2) may be used only for
the defence to the charge.(6)Apersonwhousestheevidenceaspermittedundersubsection (5) does not contravene section
202.202Publication of names, evidence
etc.(1)A person must not, without the
commission’s written consentor contrary to
the commission’s order, publish—(a)an
answer given, or document or thing produced, at acommissionhearing,oranythingabouttheanswer,document or
thing; or(b)information that might enable the
existence or identityof a person who is about to give or
has given evidencebeforethecommission(witness)atahearingtobeascertained.Page 220Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 202]Maximumpenalty—85penaltyunitsor1year’simprisonment.(2)Apersondoesnotcontravenesubsection
(1)ifanyofthefollowing applies to the
publication—(a)the answer given, or document or thing
produced, wasgivenorproducedatapublichearingandthepublication is
not contrary to the commission’s order;(b)thewitnessappearedatapublichearingandthepublication is not contrary to the
commission’s order;(c)the publication is made—(i)for the purpose of defending a charge
of an offenceand is relevant to the defence; and(ii)to a person
charged with the offence or a lawyerrepresenting a
person charged with the offence;(d)thepublicationismadeforthepurposeofmakingasubmissiontotheparliamentarycommitteeabouttheconduct of the commission’s
investigation;(e)thepublicationismadeforthepurposesofadisciplinary proceeding or to start a
prosecution for anoffence.(3)Also, a person does not contravene
subsection (1)(b) if—(a)the person is
the witness, or the publication is made withthe witness’s
implied or express consent; or(b)theinformationmentionedintheprovisionhasbeengenerallymadeknownbythewitnessorbythecommission.(4)The
commission may apply to a Supreme Court judge for anorderprohibitingapublicationmentionedinsubsection (2)(e).(5)In
this section—publishincludespublishtoasingleperson,whetherthepublication is made orally or in
writing.Current as at [Not applicable]Page
221
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 4 Hearings and deciding claims of
privilege and excuse[s 203]203Protection of members, legal representatives
andwitnesses(1)Thepresidingofficerofacommissionhearinghas,intheperformance of the presiding officer’s
duties for the hearing,the same protection and immunity as a
Supreme Court judge.(2)A lawyer or
other person when appearing for someone at acommission
hearing has the same protection and immunity asabarristerappearingforapartyinaproceedingintheSupreme Court.(3)Apersonrequiredtoattendorappearingatacommissionhearing as a
witness has the same protection as a witness in aproceeding in the Supreme Court.(4)Nocriminalorcivilliability,otherthanliabilityunderthisAct,attachestoapersonforcompliance,orpurportedcompliance in
good faith, with a requirement made under thisAct.(5)In particular, if a person produces a
document or thing under anoticetodiscoveroranoticetoproduce,nocivilliabilityattaches to the person for producing the
document or thing,whethertheliabilitywouldariseunderacontractorotherwise.204Allowances for witness(1)A
person attending a commission hearing under an attendancenotice,orotherwiseasawitnessattherequestofthecommission,isentitledtobepaidtheallowancesandexpensesthatwouldbepayabletothepersonifthepersonwere appearing
as a witness in a hearing before a MagistratesCourt.(2)The allowances and expenses are
payable by the commission.205Legal
assistance(1)This section applies to a person
who—Page 222Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 4 Hearings and deciding claims
of privilege and excuse[s 205](a)has
been given a notice to attend a commission hearing;or(b)wishes to
appeal, or has appealed, to the Supreme Courtundersection 195againstadecisionofthepresidingofficer at a
commission hearing.(2)The person may apply to the
Attorney-General for financialhelptoenablethepersontoobtainlegalservicesinconnection with the hearing or
appeal.(3)The Attorney-General may approve the
financial help if theAttorney-General considers—(a)a person may suffer substantial
hardship if help is notgiven; or(b)in
the particular circumstances, help should be given.(4)The Attorney-General may decide the
level of financial helpand the conditions on which it is to
be provided.(5)The cost of the financial help must be
met by the commission.(6)TheAttorney-Generalmaydelegateafunctionundersubsection (3) or (4) to the chief executive
(justice).(7)The chief executive (justice) may
subdelegate the delegatedfunctiontoanappropriatelyqualifiedemployeeofthedepartment administered by the chief
executive (justice).(8)In this
section—chiefexecutive(justice)meansthechiefexecutiveofthedepartment in
which the Criminal Code is administered.functionincludes power.Current as at
[Not applicable]Page 223
Crime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 206]Chapter 5Offences and
disciplinaryproceedings relating tocorruptionNotauthorised—indicativeonlyPart 1Offences206Application of Criminal Code(1)The Criminal Code, sections 120, 123,
123A, 124, 125, 126,127,128,129and130(identifiedprovisions)apply,withnecessary changes, to commission hearings
under this Act.(2)Withoutlimitingsubsection (1),forapplyingtheidentifiedprovisions to a
commission hearing—(a)the hearing is a judicial proceeding;
and(b)the presiding officer conducting the
hearing is the holderof a judicial office; and(c)a reference to judicial capacity is a
reference to capacityas a presiding officer conducting a
hearing; and(d)a reference to the giving or
withholding of testimony is areferencetothegivingorwithholdingofinformation;and(e)a reference to a witness is a
reference to a person fromwhom the presiding officer conducting
the hearing mayobtain information; and(f)areferencetobeingrequiredorusedinevidenceisareference to being required or used
for the obtaining ofinformation; and(g)a
reference to being summoned to attend as a witness isa
reference to being asked or required to attend to giveinformation; and(h)a
reference to a tribunal is a reference to the presidingofficer conducting the hearing.Page
224Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 207]207Pretending to be a commission
officerA person must not pretend to be a commission
officer.Maximumpenalty—85penaltyunitsor1year’simprisonment.Notauthorised—indicativeonly208Abuse of office in commission(1)Acommissionofficerwhocorruptlyasksfor,receivesorobtains, or agrees or attempts to
receive or obtain, a benefit ofany kind with a
view to the officer neglecting his or her duty,orbeinginfluencedinthedischargeofhisorherdutycommits a
crime.Maximumpenalty—595penaltyunitsor7yearsimprisonment.(2)A
commission officer who uses or takes advantage of his orher
office to improperly gain benefit for himself or herself orsomeoneelseortofacilitatethecommissionofanoffencecommits a
crime.Maximumpenalty—595penaltyunitsor7yearsimprisonment.(3)Apersoncontraveningsubsection
(1)or(2)cannotbearrested without
warrant.209Bribery of commission officer(1)A person who corruptly gives to,
confers on, or procures for, acommission
officer a benefit of any kind, or promises to do so,with
a view to—(a)the officer neglecting the officer’s
duty; or(b)influencing the officer in the
discharge of the officer’sduty; or(c)the
officer using or taking advantage of his or her officeto
facilitate the commission of an offence;commits a
crime.Current as at [Not applicable]Page
225
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 210]Maximumpenalty—595penaltyunitsor7yearsimprisonment.(2)Apersoncontraveningsubsection
(1)cannotbearrestedwithout
warrant.210Obstruction or delay of commission
proceduresApersonwho,withintenttoobstructordelaytheperformance of a function by the commission
or the exerciseof a power by a commission officer—(a)fabricates any relevant record or
thing; or(b)destroys or alters any relevant record
or thing; or(c)sends any relevant record or thing out
of the State;commits a misdemeanour.Maximumpenalty—255penaltyunitsor3yearsimprisonment.211Injury or detriment to witnessApersonwhoinjuresorthreatenstoinjure,orcausesorthreatenstocausedetrimentofanykind,toanotherpersonbecause—(a)theperson,orsomeoneelse,appearedasawitnessbefore the
commission; or(b)the person, or someone else, gave, or
is to give, evidencebefore the commission; or(c)the person, or someone else, complied
with, or is aboutto comply with, a notice under section
75;commits a misdemeanour.Maximumpenalty—255penaltyunitsor3yearsimprisonment.Page 226Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 212]212Offence of victimisationA
person must not—(a)prejudice, or threaten to prejudice,
the safety or careerof any person; or(b)intimidate or harass, or threaten to
intimidate or harass,any person; or(c)do
an act that is, or is likely to be, to the detriment of anyperson;because the
person mentioned in paragraph (a), (b) or (c), orsomeone else, gave evidence to, or helped,
the commission inthe performance of its functions.Maximum penalty—85 penalty units.213Secrecy(1)This
section applies to a person who is or was—(a)a
relevant official; or(b)a member of the
reference committee; or(c)apersontowhominformationisgiveneitherbythecommission or by
a person mentioned in paragraph (a)or (b) on the
understanding, express or implied, that theinformation is
confidential.(2)Apersonmustnotmakearecordof,orwilfullydisclose,information that has come to the person’s
knowledge becausethe person is or was a person to whom this
section applies.Maximumpenalty—85penaltyunitsor1year’simprisonment.(3)However, a person does not contravene
subsection (2) if—(a)in the case of a record—(i)therecordismadeforthepurposesofthecommission,thisAct,theparliamentarycommittee, the
parliamentary commissioner or anCurrent as at
[Not applicable]Page 227
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 213]investigationofanallegedcontraventionofthissection;
or(ii)themakingoftherecordwaslawfulunderarepealed Act; or(b)in
the case of a disclosure—(i)the disclosure
is made—(A)for the purposes of the commission,
this Act,theparliamentarycommittee,theparliamentarycommissioneroraninvestigation of an alleged
contravention ofthis section; or(B)atthedirectionoftheparliamentarycommissioner
under chapter 6, part 4; or(ii)the
disclosure was lawful under a repealed Act; or(c)in
the case of a record or a disclosure—the informationwas
publicly available.(4)Apersonmaynotberequiredtoproduceinanycourtadocumentthathascomeintotheperson’spossession,ortodisclose to any court a matter or
thing that has come to theperson’snotice,becausethepersonisorwasapersontowhom
this section applies, unless—(a)thecommission,oracommissionerinthecommissioner’s official capacity, or
the chief executiveofficer in the chief executive officer’s
official capacity, isa party to the relevant proceeding;
or(b)it is necessary to produce the
document or disclose thematter or thing—(i)to
give effect to this Act; or(ii)foraprosecutionstartedasaresultofaninvestigation
conducted by the commission.(5)In
this section—Page 228Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 214]commissionofficerincludesapersonwhowasanassistantcommissioner or part-time commissioner under
this Act as inforce before the commencement of this
definition.courtincludes a
tribunal, authority or person having power torequiretheproductionofdocumentsortheansweringofquestions.produceincludes permit access to.relevantofficialmeansapersonwhoisorwasoneofthefollowing—(a)a
commission officer;(b)a member of the parliamentary
committee;(c)the parliamentary commissioner;(d)an officer of the parliamentary
service;(e)apersonappointed,engagedorassignedtohelptheparliamentarycommitteeortheparliamentarycommissioner;(f)the
public interest monitor;(g)apersonmentionedinsection 132oftherepealedCriminal Justice
Act 1989;(h)apersontowhomsection
126oftherepealedCrimeCommission Act
1997applied.repealed
Actmeans—(a)repealedCriminal Justice
Act 1989;(b)repealedCrime Commission Act 1997.214Unauthorised
publication of commission reportsApersonmustnotpublishorgiveacommissionreporttowhich section 69 applies to anyone
unless—(a)the report has been published by order
of the LegislativeAssembly or is taken to have been so
published; or(b)its publication is otherwise
authorised under this Act.Current as at [Not applicable]Page
229
Crime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 215]Maximumpenalty—85penaltyunitsor1year’simprisonment.Notauthorised—indicativeonly215Resisting
exercise of powersA person must not wilfully obstruct a
commission officer inthe exercise of a power conferred on
the officer by this Act.Maximumpenalty—85penaltyunitsor1year’simprisonment.216Frivolous complaint(1)The
commission may give notice to a person that a complaintabout, or information or matter (also
acomplaint)
involving,corruption made by the person to the
commission will not beinvestigatedorfurtherinvestigatedbythecommissionbecause it
appears to concern frivolous matter.(2)Thenoticemustadvisethepersonthatifthepersonagainmakesthesameorsubstantiallythesamecomplainttothecommission the
person commits an offence punishable by afine of 85
penalty units or 1 year’s imprisonment or both.(3)Apersonwho,afterreceivingthenoticementionedinsubsection (2),againmakesthesameorsubstantiallythesame
complaint to the commission commits an offence.Maximumpenalty—85penaltyunitsor1year’simprisonment.(4)Itisadefencetoprovethatthecomplaintdidnotconcernfrivolous
matter.(5)In this section—make, a
complaint to the commission, means—(a)make
a complaint to the commission under section 36;or(b)makeacomplainttoanotherentitythatisunderanobligation to refer the complaint to the
commission; or(c)cause a complaint to be referred to
the commission.Page 230Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 216A]216AOther improper complaints(1)A person commits an offence if the
person—(a)makes a complaint to the
commission—(i)vexatiously; or(ii)not
in good faith; or(iii)primarily for a
mischievous purpose; or(iv)recklessly or
maliciously; or(b)counselsorprocuresanotherpersontomakeacomplaint to the commission as mentioned in
paragraph(a).Maximumpenalty—85penaltyunitsor1year’simprisonment.(2)In
this section—make, a complaint to
the commission, means—(a)make a
complaint, or give information or matter, to thecommission under section 36; or(b)makeacomplaint,orgiveinformationormatter,toanotherentitythatisunderanobligationtoreferthecomplaint, information or matter to the
commission; or(c)causeacomplaint,orinformationormatter,tobereferred to the commission.217False or misleading statements(1)Apersonmustnotstateanythingtothecommissiontheperson knows is false or misleading in a
material particular.Maximumpenalty—85penaltyunitsor1year’simprisonment.(2)Itisenoughforacomplaintforanoffenceagainstsubsection
(1)tostatethestatementmadewas‘falseormisleading’totheperson’sknowledge,withoutspecifyingwhich.Current as at [Not applicable]Page
231
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 218](3)Acourtmayorderthatapersonwhocontravenessubsection
(1)mustpayanamountofcompensationtothecommission, whether or not the court
also imposes a penaltyfor the contravention.(4)The amount of the compensation must be
a reasonable amountfor the cost of any investigation made or
other action taken bythe commission because of the false
statement.(5)Without limiting the ways a person may
state a thing to thecommission, a person states a thing to
the commission if theperson states the thing to an entity
that is under an obligationtoadvisethecommissionofthething,whetherornotthepersonintendedthatthecommissionbeadvisedofthestatement.218False
or misleading documents(1)Apersonmustnotgivethecommissionadocumentcontaininginformationthepersonknowsisfalseormisleading in a material particular.Maximumpenalty—85penaltyunitsor1year’simprisonment.(2)Subsection (1) does not apply to a person if
the person, whengiving the document—(a)tells the commission, to the best of the
person’s ability,how it is false or misleading; and(b)if the person has, or can reasonably
obtain, the correctinformation, gives the correct
information.(3)Itisenoughforacomplaintforanoffenceagainstsubsection (1) to state the document was
‘false or misleading’to the person’s knowledge, without
specifying which.(4)Acourtmayorderthatapersonwhocontravenessubsection
(1)mustpayanamountofcompensationtothecommission, whether or not the court
also imposes a penaltyfor the contravention.Page
232Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 219](5)The amount of the compensation must be
a reasonable amountfor the cost of any investigation made or
other action taken bythe commission because of the false
document.(6)Without limiting the ways a person may
give a document tothe commission, a person gives a document to
the commissionif the person gives the document to an
entity that is under anobligation to give the document to the
commission, whetheror not the person intended that the document
be given to thecommission.(7)In
this section—give,adocumenttothecommission,includescausethedocument to be given to the
commission.219Proceedings for an offence(1)Subject to subsection (2), a
proceeding for an offence againstthis Act must be
taken in a summary way under theJusticesAct
1886within the later of the following—(a)1 year after the offence is
committed;(b)6 months after the commission of the
offence comes tothecomplainant’sknowledge, but
within 2 years afterthe commission of the offence.(2)A proceeding for an indictable offence
may, at the election ofthe prosecution, be taken—(a)by way of summary proceedings under
subsection (1);or(b)on
indictment.(3)A proceeding against a person for an
indictable offence mustbe before a magistrate if it is a
proceeding—(a)for the summary conviction of the
person; or(b)for an examination of witnesses in
relation to the charge.(4)If a proceeding
for an indictable offence is brought before ajustice who is
not a magistrate, jurisdiction is limited to takingor
making a procedural action or order within the meaning ofCurrent as at [Not applicable]Page
233
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 219]theJustices of the Peace and
Commissioners for DeclarationsAct 1991.(5)If—(a)a person charged with an indictable
offence asks at thestart of a summary proceeding for the
offence that thecharge be prosecuted on indictment;
or(b)the magistrate hearing a charge of an
indictable offenceconsidersthechargeshouldbeprosecutedonindictment;the
magistrate—(c)must not decide the charge as a
summary offence; and(d)must proceed by
way of a committal proceeding.(6)If a
magistrate acts under subsection (5)—(a)any
plea of the person charged, made at the start of theproceeding, must be disregarded; and(b)anyevidencebroughtintheproceedingbeforethemagistrate decided to act under
subsection (5) is takento be evidence in the proceeding for
the committal of theperson for trial or sentence;
and(c)before committing the person for trial
or sentence, themagistrate must make a statement to the
person undertheJustices Act 1886, section
104(2)(b).(7)Themaximumpenaltythatmaybeimposedonasummaryconvictionofanindictableoffenceis85penaltyunitsor1year’s imprisonment.Page
234Current as at [Not applicable]
Part
2Crime and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 219A]Disciplinary proceedingsrelating to
corruptionNotauthorised—indicativeonlyDivision 1Preliminary219APurposes of disciplinary proceedingsThe
purposes of providing for disciplinary proceedings are—(a)to protect the public; and(b)toupholdethicalstandardswithinunitsofpublicadministration
and the police service; and(c)to
promote and maintain public confidence in the publicsector.219BDefinitions for pt 2In this
part—disciplinary proceedingmeans—(a)aproceedingundersection 219Fforcorruptconductalleged to have been committed by a
prescribed person;or(b)aproceedingundersection 219Gforareviewabledecision.industrialmattermeansanindustrialmatterwithinthemeaning of theIndustrial
Relations Act 2016.officermeans a police
officer within the meaning of thePoliceService Administration Act 1990and
includes a police recruitwithin the meaning of that Act.reviewable decisionsee section
219BA.219BA Meaning ofreviewable
decision(1)Areviewable
decisionmeans—Current as at
[Not applicable]Page 235
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 219BA](a)a decision made in relation to an
allegation of corruptionagainst a prescribed person, other
than a decision madeby a court or QCAT; or(b)afindingmentionedinthePoliceServiceAdministrationAct1990,section 7.4(2A)(b)or7A.5(1)(b) that corruption is proved against
an officer.(2)In this section—decision,madeinrelationtoadisciplinaryallegationofcorruption, if a disciplinary declaration is
made, includes thedisciplinary declaration.Note—A reviewable
decision may also involve a failure to make a disciplinarydeclaration.disciplinarydeclarationmeansadisciplinarydeclarationmade
under—(a)thePublic Service
Act 2008, section 188A; or(b)thePoliceServiceAdministrationAct1990,section 7A.2(2); or(c)the
Ambulance Service Act 1991, section 18I; or(d)the
Fire and Emergency Services Act 1990, section 30H.prescribedperson,inrelationtoaprescribedpersonmentionedinsection50(3),definitionprescribedperson,paragraphs (a)(ii) and (b)(ii),
means—(a)aprescribedpersonagainstwhomadisciplinarydeclaration has
been made; or(b)inrelationtoaproceedingforareviewabledecisionstarted by the commission under section
219G—(i)a prescribed person mentioned in
paragraph (a); or(ii)aprescribedpersonagainstwhomadisciplinarydeclarationhasnotbeenmadeifagroundofreview states that a disciplinary
declaration shouldhave been made.Page 236Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 219C]Division 2QCAT’s
jurisdiction219CJurisdictionQCAT has
jurisdiction to conduct disciplinary proceedings.219DJurisdiction relating to allegations
of corrupt conductagainst prescribed persons is
exclusive(1)An allegation of corrupt conduct
against a prescribed personmay only be
heard and decided by QCAT.(2)Subsection (1)
applies to the exclusion of authority given bylaw to any other
person or tribunal to hear and decide, at firstinstance,anallegationofcorruptconductmadeagainstaprescribed person.219DA QCAT hearing
in relation to prescribed person whoseemployment or
appointment has endedTo remove any doubt, it is declared
that QCAT may hear anddecide,orcontinuetohearanddecide,anallegationofcorrupt conduct brought against a prescribed
person definedinsection50(3),definitionprescribedperson,paragraph(a)(ii)or(b)(ii),despitetheperson’semploymentorappointment having ended—(a)before or during the QCAT hearing;
or(b)after the hearing and before QCAT
makes its decision.219ERelationship with Industrial Relations
Act 2016The industrial court and theindustrial relations commissiondo
not have jurisdiction in relation to a matter that QCAT maydecide for this Act even though it may be,
or be about, or ariseout of, an industrial matter.Current as at [Not applicable]Page
237
Crime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 219F]Division 3ProceedingsNotauthorised—indicativeonly219FProceedings
relating to corrupt conductThecommissionorthechiefexecutiveofficerofaunitofpublicadministration(includingthecommissionerofthepolice service) may apply, as provided
under the QCAT Act,to QCAT to hear and decide an allegation of
corrupt conductagainst a prescribed person.219GProceedings relating to reviewable
decisions(1)Thecommissionoraprescribedpersonagainstwhomareviewabledecisionhasbeenmademayapply,withintheperiod mentioned in subsection (2) and
otherwise as providedunder the QCAT Act, to QCAT for a
review of the reviewabledecision.(2)The
application must be made—(a)if the
reviewable decision relates to a decision or findingmentionedinthePoliceServiceAdministrationAct1990,section
7.4(2A),7A.4or7A.5—within28daysafter the day on
which notice of the decision or findingwas given;
or(b)otherwise—within28daysafterthedayonwhichthereviewable decision was announced.(3)The parties to a proceeding
are—(a)the prescribed person; and(b)the person who made the reviewable
decision; and(c)iftheapplicationismadebythecommission—thecommission.219HConduct of proceedings relating to
reviewable decisions(1)A review of a
reviewable decision is by way of rehearing ontheevidence(originalevidence)givenintheproceedingbefore the
original decision-maker (original proceeding).Page 238Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 219I](2)However, QCAT may give leave to adduce
fresh, additional orsubstituted evidence (new
evidence) if satisfied—(a)the
person seeking to adduce the new evidence did notknow,orcouldnotreasonablybeexpectedtohaveknown, of its
existence at the original proceeding; or(b)inthespecialcircumstancesofthecase,itwouldbeunfairnottoallowthepersontoadducethenewevidence.(3)If
QCAT gives leave under subsection (2), the review is—(a)by way of rehearing on the original
evidence; and(b)on the new evidence adduced.Division 4QCAT’s
powers219IPowers for corrupt conduct(1AA)This section
applies to a prescribed person defined in section50(3), definition prescribed person,
paragraph (a)(i) or (b)(i).(1)QCATmay,onafindingofcorruptconductbeingprovedagainstaprescribedperson,orderthattheprescribedperson—(a)be dismissed; or(b)be
reduced in rank or salary level; or(c)forfeit, or have deferred, a salary
increment or increasetowhichtheprescribedpersonwouldordinarilybeentitled; or(d)be
fined a stated amount that is to be deducted from—(i)the person’s periodic salary payment
in an amountnot more than an amount equal to the value
of 2penalty units per payment; or(ii)theperson’smonetaryentitlements,otherthansuperannuation
entitlements, on termination of theperson’s
service.Current as at [Not applicable]Page
239
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 219IA](2)In deciding the amount for subsection
(1)(d)(ii), QCAT mayhave regard to the value of any gain
to the prescribed personfrom the person’s corrupt
conduct.219IAQCAT powers for prescribed persons
whose employmentor appointment ends(1)This
section applies to a prescribed person defined in section50(3),definitionprescribedperson,paragraph(a)(ii)or(b)(ii).(2)QCATmay,onafindingofcorruptconductbeingprovedagainst a prescribed person, make a
disciplinary declarationand may not take any other
disciplinary action.(3)QCAT may only
make a disciplinary declaration if the orderQCATwouldhavemadeundersection 219I(1)iftheprescribedperson’semploymentorappointmenthadnotended would have been that the
prescribed person—(a)be dismissed; or(b)be
reduced in rank.(4)A disciplinary declaration made under
this section does notaffect the way in which the prescribed
person’s employmentorappointmentendedorthebenefits,rightsandliabilitiesarising because
the employment ended.(5)In this
section—disciplinary declarationmeans a
declaration of—(a)thedisciplinaryfindingagainsttheprescribedperson;and(b)the order QCAT
would have made under section 219I(1)if the
prescribed person’s employment or appointmenthad not
ended.Page 240Current as at
[Not applicable]
Crime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 219J]Notauthorised—indicativeonly219JAdditional power for reviewable
decisions(1)This section applies if, after
reviewing a reviewable decision,QCAT finds
corruption has been proved against a person andsets aside the
decision and substitutes another decision.(2)QCAT
may impose on the person any discipline provided foronafindingofcorruptionbeingproved,eventhoughtheoriginal decision-maker’s power to impose
the discipline mayhave been restricted.(3)Subject to subsection (4), if the reviewable
decision involvedthe making of, or failure to make, a
disciplinary declaration,thedisciplinethatQCATmayimposeundersubsection(2)includes making a disciplinary
declaration.(4)No action may be taken to enforce a
penalty or fine mentionedin a disciplinary declaration made
under subsection (2).(5)Adisciplinarydeclarationmayonlybemadeundersubsection (2)iftheorderQCATwouldhavemadeundersubsection (2),iftheprescribedperson’semploymentorappointmenthadnotended,wouldhavebeenthattheprescribed person—(a)be
dismissed; or(b)be reduced in rank.(6)A disciplinary declaration made under
subsection (2) does notaffect the way in which the prescribed
person’s employmentorappointmentendedorthebenefits,rightsandliabilitiesarising because
the employment ended.(7)In this
section—disciplinary declarationmeans—(a)for a reviewable decision, a
disciplinary declaration asdefined under
section 219BA(2); or(b)foradecisionsubstitutedbyQCATonreview,adeclaration of—(i)thedisciplinaryfindingagainsttheprescribedperson;
andCurrent as at [Not applicable]Page
241
Crime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 219K](ii)thedisciplinethatwouldhavebeenimposedbyQCATundersubsection (2)iftheprescribedperson’semploymentorappointmenthadnotended.Notauthorised—indicativeonly219KQCAT may refer
matter for investigation(1)QCAT may, by
order, refer a matter before it for investigation,or
further investigation, with a view to the taking of a
criminalproceeding or for another purpose.(2)The matter may be referred to—(a)the commission; or(b)the
public official for the unit of public administration inwhich the prescribed person is
employed.(3)QCAT may adjourn its proceeding until
the investigations arecompleted.219LQCAT’s power to suspend orders(1)This section applies if—(a)QCAT makes an order under section
219I; or(b)QCAT,byorderundersection 219J,imposesadiscipline mentioned in section
219J(2); or(c)disciplineisimposedonaprescribedpersonbyadecision-makerofareviewabledecisionandanapplicationismadetoQCATforareviewofthereviewable decision.(2)QCAT may suspend the order or
discipline if it considers it isappropriate to
do so in the circumstances.(3)QCATmuststateanoperationalperiodfortheperiodofsuspension and the suspension may be
given on conditions.(4)If the person
who is subject to the order or discipline is foundto
have committed an act of corruption or to have contraveneda
condition during the operational period, on the finding—Page
242Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 5 Offences and disciplinary
proceedings relating to corruption[s 219M](a)the suspension is revoked; and(b)the order or discipline has immediate
effect.(5)Ifthepersonisnotfoundtohavecommittedanactofcorruptionortohavecontravenedaconditionduringtheoperationalperiod,theorderordisciplineistakentohavebeen discharged
or satisfied.(6)Subsection (4)doesnotlimittheperson’sliabilitytothemaking of a
further order for the further act of corruption.(7)This section does not apply to a
disciplinary declaration.Division 5Appeals219MAppeal from QCAT exercising original
jurisdiction(1)ThefollowingpersonsmayappealundertheQCATAct,chapter2,part8againstadecisionofQCATexercisingoriginal
jurisdiction under this part—(a)the
prescribed person in relation to whom the decisionwas
made;(b)the public official for the unit of
public administration inwhich the prescribed person is
employed;(c)the commission, whether or not the
commission was aparty to the proceeding before QCAT.(2)Subsections (3) to (7) apply for the
QCAT Act, chapter 2, part8.(3)A
reference to a party to a proceeding includes a reference to
aperson who may appeal under subsection
(1).(4)A reference to a decision, if the
decision involves the makingofadisciplinarydeclaration,includesthedisciplinarydeclaration.Note—The
decision may also involve a failure to make a disciplinary
decision.Current as at [Not applicable]Page
243
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 220](5)If a decision set aside involved the
making of, or a failure tomake,adisciplinarydeclaration,thepowertosubstituteanother decision
involving disciplinary action is limited to themaking of, or
the making of another, disciplinary declarationanddoesnotincludethetakingofanyotherdisciplinaryaction.(6)A disciplinary declaration may only be
made if the order theappeal tribunal or the Court of Appeal
would have made underthe QCAT Act, chapter 2, part 8, if
the prescribed person’semployment or appointment had not
ended would have beenthat the prescribed person—(a)be dismissed; or(b)be
reduced in rank.(7)A disciplinary declaration made under
subsection (5) does notaffect the way in which the prescribed
person’s employmentorappointmentendedorthebenefits,rightsandliabilitiesarising because
the employment ended.Chapter 6AdministrationPart 1Crime and CorruptionCommissionDivision 1Establishment of Crime andCorruption Commission220EstablishmentThebodiescorporateknownastheCriminalJusticeCommission (established under the
repealedCriminal JusticeAct1989)andtheQueenslandCrimeCommission(established
under the repealedCrime Commission Act 1997)Page 244Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
221]aremergedintoasinglebodycorporateandcontinuedinexistenceunderthisActunderthename‘CrimeandCorruption Commission’.221Commission has common seal etc.(1)The Crime and Corruption Commission,
as established underthis Act—(a)has
a common seal; and(b)may sue and be sued in its corporate
name.(2)Judicialnoticemustbetakenoftheimprintofthecommission’s seal appearing on a
document and the documentmustbepresumedtohavebeenproperlysealed,unlessthecontrary is proved.221ACommission is a statutory bodyThecommissionisastatutorybodyundertheFinancialAccountability
Act 2009.222Excluded matter
for Corporations ActThe commission is declared to be an
excluded matter for theCorporationsAct,section 5F,inrelationtothefollowingprovisions of
the Corporations Act—(a)parts 2D.1 and
2D.6;(b)chapters 2K and 2L;(c)parts 5.7, 5.7B, 5.9 and 5B.2.Current as at [Not applicable]Page
245
Crime
and Corruption Act 2001Chapter 6 Administration[s
222A]Division 2Commissioners
and chief executiveofficerNotauthorised—indicativeonlySubdivision 1AAPreliminary222AMeaning ofofficerfor
div 2In this division—officermeans a commissioner or the chief executive
officer.Subdivision 1Membership and
appointment223Membership of the commissionThecommissionistoconsistofthefollowingcommissioners—(a)a
full-time commissioner who is the chairperson;(b)apart-timecommissionerwhoisthedeputychairperson;(c)3part-timecommissionerswhoareordinarycommissioners.223AChief
executive officerThe commission must have a chief executive
officer.224Qualifications for
appointment—chairperson and deputychairpersonA person is
qualified for appointment as the chairperson ordeputy
chairperson if the person has served as, or is qualifiedfor
appointment as, a judge of—(a)the
Supreme Court of Queensland; or(b)the
Supreme Court of another State; orPage 246Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
225](c)the High Court of Australia; or(d)the Federal Court of Australia.225Qualifications for appointment—chief
executive officerand ordinary commissioners(1)A person is qualified for appointment
as the chief executiveofficer if the person has
qualifications, experience or standingappropriatetoperformthefunctionsofthechiefexecutiveofficer.(2)Apersonisqualifiedforappointmentasanordinarycommissioner if
the person has qualifications, experience orstanding
appropriate to assist the commission to perform itsfunctions.226Disqualification as commissioner or chief
executiveofficer(1)An
ineligible person or the chief executive officer can not beappointed as, or continue as, a
commissioner.(2)An ineligible person can not be
appointed as, or continue as,the chief
executive officer.227Advertising for appointment(1)The Minister must advertise nationally
for applications fromsuitably qualified persons to be
considered for selection as thechairperson.(2)TheMinistermustadvertisethroughouttheStateforapplications from suitably qualified persons
to be consideredforselectionasthedeputychairperson,thechiefexecutiveofficer or an ordinary commissioner.(3)Subsections (1) and (2) do not apply
to the reappointment of aperson as a commissioner or the chief
executive officer.Current as at [Not applicable]Page
247
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 228]228Prior consultation and bipartisan
support forappointmentsThe Minister may
nominate a person for appointment to theofficeofchairperson,deputychairperson,ordinarycommissioner or the chief executive officer
only if—(a)the Minister has consulted
with—(i)the parliamentary committee;
and(ii)exceptforanappointmentaschairperson—thechairperson;
and(b)thenominationismadewiththebipartisansupportofthe parliamentary committee.229Appointment of officers(1)Officers are to be appointed by the
Governor in Council.(2)OfficersareappointedunderthisActandnotthePublicService Act
2008.Subdivision 2Other provisions
aboutappointment231Duration of appointment(1)An
officer holds office for the term, not longer than 5 years,stated in the instrument of the officer’s
appointment.(2)Apersonholdingofficeasacommissionerorthechiefexecutiveofficermaybere-appointedtotheofficeforafurther term or terms as long
as—(a)no term of appointment is longer than
5 years; and(b)thepersondoesnotholdthatofficeformorethan10years in total.(3)Subsection (2)(b) has effect despite
theActs Interpretation Act1954,
section 25(1)(c).Page 248Current as at
[Not applicable]
Crime
and Corruption Act 2001Chapter 6 Administration[s
232](4)Section228appliestotheappointmentofanofficerforafurther term under this
section.Notauthorised—indicativeonly232Terms of appointment(1)Anofficeristobepaidtheremunerationandallowancesdecided by the
Governor in Council.(2)To the extent
that an officer’s terms and conditions are notprovided for by
this Act, the officer holds office on the termsand conditions
decided by the Governor in Council.Note—See
subdivision 3 for the chairperson’s pension entitlements.233Preservation of rights(1)This section applies if—(a)apersonisappointedasthechairpersonorchiefexecutive
officer; and(b)the person resigns the person’s role
as a public serviceofficer in order to accept the
appointment.(2)Thepersonretainsandisentitledtoallrightsthathaveaccrued to the
person because of the person’s employment asa public service
officer, or that would accrue in the future tothe person
because of that employment, as if service as thechairperson or chief executive officer were
a continuation ofservice as a public service officer.(3)At the end of the person’s term of
office or on resignation—(a)the person is
entitled to be appointed to an office in thepublic service
at a salary level not less than the currentsalarylevelofanofficeequivalenttotheofficetheperson held before being appointed as the
chairperson orchief executive officer; and(b)the person’s service as the
chairperson or chief executiveofficer is to be
regarded as service of a like nature in thepublicservicefordecidingtheperson’srightsasapublic service
officer.Current as at [Not applicable]Page
249
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 234]234Leave of absence(1)The
commission may grant leave to an officer in accordancewith
entitlements available to the officer under the officer’sconditions of office.(2)However, only the Minister may grant
extended leave to anofficer.(3)In
this section—extended leavemeans—(a)for the chairperson or chief executive
officer—leave ofmore than 10 business days; or(b)forthedeputychairpersonoranordinarycommissioner—leave of more than 20 business
days.235ResignationAn officer may
resign by signed notice given to the Minister.236Termination of appointment(1)TheGovernorinCouncilmayterminateanofficer’sappointment if
the officer becomes incapable of satisfactorilyperforming the
duties of office.(2)TheGovernorinCouncilmayterminateacommissioner’sappointment if
the commissioner is absent from 3 consecutivemeetings of the
commission without the commission’s priorleave and
without reasonable excuse.(3)The Governor in
Council must terminate the chairperson’s orchiefexecutiveofficer’sappointmentifthechairpersonorchief executive officer engages in paid
employment outsidethe chairperson’s or chief executive
officer’s duties of officewithout the Minister’s
approval.(4)The Governor may terminate an
officer’s appointment if—(a)arecommendationtotheLegislativeAssemblytoterminatetheappointmentis madewiththebipartisansupport of the
parliamentary committee; andPage 250Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
237](b)theLegislativeAssembly,byresolution,approvesthetermination of the appointment.(5)The office of a commissioner is
vacated if the commissionerbecomes an
ineligible person or the chief executive officer.(6)The office of the chief executive
officer is vacated if the chiefexecutive
officer becomes an ineligible person.237Acting appointments(1)The
Governor in Council may appoint a qualified person toact
in the office of chairperson, deputy chairperson, ordinarycommissioner or the chief executive officer
for all or part of aperiod in which—(a)the
office is vacant; or(b)the person
holding the office is absent from duty or fromtheStateor,foranotherreason,cannotperformtheduties of the office.(2)A person may not be appointed to act
in the office for—(a)a continuous period of more than 3
months; or(b)a period that, with the periods of
other appointments ofthe person to act in the office, form
a continuous periodof more than 3 months.(3)However,subsection(2)doesnotapplyiftheMinisterrecommendsthepersonfortheappointmentwiththebipartisan support of the
parliamentary committee.(4)TheMinistermustconsultwiththechairpersonbeforerecommending the person for the
appointment.(5)Sections 227 and 228 do not apply to
the appointment.(6)In this section—qualified,inrelationtoanappointmenttoactinanoffice,means qualified
for appointment to the office.Current as at
[Not applicable]Page 251
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 238]238Disclosure of interests(1)Thecommissionmustkeeparegisterofeachofficer’specuniary interests and personal or
political associations.(2)Each officer
must give to the commission and the Minister—(a)as
soon as practicable after the officer’s appointment—awritten summary of the officer’s pecuniary
interests andpersonalorpoliticalassociationsatthetimeoftheofficer’s appointment; and(b)within30daysafteranysubstantialchangeintheofficer’specuniaryinterestsorpersonalorpoliticalassociations—noticeofthechangeandanupdatedwritten summary
of the officer’s pecuniary interests andpersonal or
political associations.(3)The register
kept under subsection (1) must be updated at leastonceduringeach12monthperiodofanofficer’stermofoffice.(4)In
this section—personalorpoliticalassociation,ofanofficer,meansapersonalorpoliticalassociationthatmightinfluencetheofficer in the discharge of the
officer’s duties.Subdivision 3Chairperson’s
pension entitlements238ADefinitions for sdiv 3In
this subdivision—former chairpersonmeans a person
who has held office as thechairperson.judgemeans a Supreme Court judge or District
Court judge.Judges Pensions Actmeans theJudges (Pensions and LongLeave) Act 1957.prescribed salarymeans the total
of the following payable toaSupremeCourtjudge,otherthantheChiefJusticeorPage 252Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
238B]PresidentoftheCourtofAppeal,undertheJudicialRemuneration Act
2007—(a)the annual rate
of salary;(b)theannualrateofthejurisprudentialallowanceandexpense-of-office allowance.238BJudges pension scheme applies to
chairpersonTheJudgesPensionsAct,otherthansections
15and15A,applies to a
former chairperson as if a reference to a judge inthatActincludedareferencetoaformerchairperson,butwith—(a)the
changes set out in this subdivision; and(b)other changes necessary to enable that Act
to apply to aformer chairperson.238CPeriod for which person holds office as
chairpersonFor applying the Judges Pensions Act to a
former chairpersonunder this subdivision, the following are to
be counted as aperiod for which a person held office as the
chairperson—(a)anyperiod,beforetheperson’sappointmentasthechairperson, that would be counted as
service as a judgefor the purposes of the Judges Pensions
Act;(b)anyperiod,beforetheperson’sappointmentasthechairperson,forwhichthepersonactedasthechairperson.238DPension at end of appointment
generally(1)The Judges Pensions Act, sections 3
and 4 apply to a formerchairperson—(a)if
the former chairperson held office as the chairpersonfor
at least 5 years; andCurrent as at [Not applicable]Page
253
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 238E](b)regardlessoftheformerchairperson’sagewhentheformer chairperson ceased to hold the
office.Note—See, however,
section 238F for when a pension becomes payable.(2)However, the annual pension to which
the former chairpersonis entitled is an annual
pension—(a)at a rate equal to 6% of the
prescribed salary for eachyear for which the former chairperson
held office as thechairperson; but(b)up
to a maximum of 60% of the prescribed salary.238EPension if appointment ends because of ill
health(1)TheJudgesPensionsAct,section 5appliestoaformerchairperson if—(a)theformerchairpersonresignedtheofficeasthechairperson and a medical
practitioner, prescribed by aregulationundertheJudgesPensionsAct,certifiedtotheMinisterthattheresignationwasbecauseofapermanent disability or infirmity;
or(b)theformerchairperson’sappointmentaschairpersonwasterminatedundersection 236(1)becauseofaproved
incapacity to perform the duties of office.(2)However, the annual pension to which the
former chairpersonis entitled is an annual pension—(a)at a rate equal to 6% of the
prescribed salary for eachyear of the period consisting
of—(i)the period for which the former
chairperson heldoffice as the chairperson; and(ii)the period for
which the former chairperson couldhaveheldofficeasthechairpersonundertheformerchairperson’stermsandconditionsofappointment (including under an option to
renewtheappointmentforafurtherterm)iftheformerchairpersonhadnotresigned,orhadhisorherPage 254Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
238F]appointmentterminated,asmentionedinsubsection (1); butExample for
paragraph (a)—A person is appointed as the chairperson for
a term of 3 yearswith an option to renew the appointment for
a further term of 2years.Thepersonresignsfromtheofficeafter21/2yearsbecauseofapermanentdisabilityorinfirmity.Theannualpension under
paragraph (a) is 30% of the prescribed salary,which is worked
out by applying a rate of 6% of the prescribedsalary for each
year of the 5-year period (being the total of the21/2
years the person held office as the chairperson and the 21/2years the person could have held the office
as the chairperson ifthe person had not resigned because of
a permanent disability orinfirmity).(b)up
to a maximum of 60% of the prescribed salary.(3)Also, a former chairperson is entitled to an
annual pension assetoutinthissectiononlyiftheperiodmentionedinsubsection (2)(a) is at least 5
years.238FWhen chairperson’s pension becomes
payable(1)Thissectionappliesifaformerchairpersonisentitledtoapension under the Judges Pensions Act,
as applying under thissubdivision.(2)Thepensiondoesnotbecomepayableuntiltheformerchairperson
reaches 65 years of age.238GPension of spouse
and children on death of chairperson(1)The
Judges Pensions Act, sections 7 to 8A apply to a formerchairperson if the former chairperson is
entitled to a pensionundertheJudgesPensionsAct,asapplyingunderthissubdivision.(2)The
Judges Pensions Act, sections 7 and 8A apply to a spouseor
child of a former chairperson who dies before the formerchairperson reaches 65 years of age in the
way the sectionsapplytoaspouseorchildofajudgewhodiesbeforeretirement.Current as at
[Not applicable]Page 255
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 238H](3)However, if the spouse or child is
entitled to a pension underthe Judges
Pensions Act, section 7 or 8A, the pension is notpayable to the spouse or child until the
time when the formerchairperson would have reached 65
years of age.(4)The Judges Pensions Act, sections 8
and 8A apply to a spouseorchildofaformerchairpersonwhodiesaftertheformerchairperson
reached 65 years of age in the way the sectionsapply to a
spouse or child of a retired judge.(5)In
this section—childincludes adopted
child.238HWhat happens if former chairperson is
removed fromoffice as a judgeThe Judges
Pensions Act, section 16 applies to a person whoisaformerchairpersonifthepersonwasajudgeremovedfrom
office as mentioned in the section after the person heldoffice as chairperson.238IWhat
happens if former chairperson’s appointment isterminated under
s 236(3)This subdivision does not apply to a former
chairperson if theformerchairperson’sappointmentisterminatedundersection 236(4)unlesstheGovernorinCouncildecidesotherwise.238JFormer chairperson entitled to other
pensionA pension is not payable, or stops being
payable, under theJudges Pensions Act in relation to a former
chairperson in hisor her capacity as a former chairperson if a
pension is payableunder that Act in relation to the former
chairperson in his orher capacity as—(a)a
judge; or(b)a member of the Land Court, the
industrial court, or theindustrial commission.Page
256Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 6 Administration[s
238K]Note—See the Judges
Pensions Act, sections 2AB and 2BA for the pensionentitlements of persons who have been
appointed as the chairperson.Notauthorised—indicativeonly238KProvision about agreements and court
orders underFamily Law Act 1975 (Cwlth)(1)The Judges Pensions Act, part 2,
division 2 applies to a formerchairperson as
follows—(a)the reference to a retired judge in
section 9 of that Act,definitionentitledformerspouseistakentobeareference to a
former chairperson;(b)information allowed to be given under
section 10 of thatActincludesinformationaboutabenefitforapersonwho holds office
as the chairperson;(c)section 11 and section 12 of that Act
apply whether theperson is the chairperson or a former
chairperson at theoperative time mentioned in the
section;(d)section 13 of that Act applies in
relation to a person whois the chairperson at the operative
time mentioned in thesection and dies while holding office
as the chairperson.(2)However, if a person who is the
chairperson at the operativetimementionedintheJudges PensionsAct,section 13diesbefore reaching 65 years of age, the pension
payable to theperson’sentitledformerspouseunderthesectiondoesnotbecome payable until the time when the
person would havereached 65 years of age.Division
2ASessional commissioners239Appointment of sessional
commissionersThechairpersonmayappointasmanysessionalcommissionersasarerequiredtohelpthechairpersontoperformthecommission’sfunctionsorexercisethecommission’s powers by—Current as at
[Not applicable]Page 257
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 240](a)conductingahearingforacrimeinvestigation,corruption
investigation or the intelligence function; or(b)examining1ormorewitnesses,andreportingontheexaminationtothechairperson,foracrimeinvestigation,
corruption investigation or the intelligencefunction;
or(c)conductingaspecificinvestigationrelevanttothecommission’s
functions.240Qualification for appointment as a
sessionalcommissionerApersonisqualifiedforappointmentasasessionalcommissioner
only if the person has served as, or is qualifiedfor
appointment as, a judge of—(a)the
Supreme Court of Queensland; or(b)the
Supreme Court of another State; or(c)the
High Court of Australia; or(d)the
Federal Court of Australia.241Disqualification
as a sessional commissionerAn ineligible
person or the chief executive officer can not beappointed as, or continue as, a sessional
commissioner.242Terms of appointmentAsessionalcommissionerisappointedonasessionalbasisandholdsofficefortheperiod,andonthetermsandconditions,statedinthecommissioner’sinstrumentofappointment.243ResignationA sessional
commissioner may resign by signed notice givento the
chairperson.Page 258Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 3Crime and
Corruption Act 2001Chapter 6 Administration[s 245]Senior officersSubdivision
1Appointment245Senior officers(1)The
commission may employ the senior officers necessary toenable the commission to perform its
functions.(2)SeniorofficersaretobeemployedunderthisActandnotunder thePublic Service Act 2008.(3)The commission must employ—(a)a senior officer who is responsible to
the chairperson fortheproperperformanceofthecommission’scrimefunctions (thesenior executive
officer (crime)); and(b)a
senior officer who is responsible to the chairperson forthe
proper performance of the commission’s corruptionfunctions (thesenior executive
officer (corruption)).(4)In
the performance of the commission’s functions or exerciseof
the commission’s powers, senior officers are subject to thedirection and control of the
chairperson.(5)In this section—seniorofficermeansapersonwho,inthechiefexecutiveofficer’sopinion,isperformingdutiesthatwould,ifthepersonwereapublicserviceofficer,bedutiesofaseniorexecutive.246Disqualification as a senior officerAn
ineligible person can not be appointed as, or continue as, asenior officer.Current as at
[Not applicable]Page 259
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 247]Subdivision 2Other provisions
aboutappointment247Duration of appointment(1)A
senior officer holds office for the term, not longer than 5years, stated in the person’s contract of
employment.(2)A person appointed as a senior officer
may be appointed for afurther term if the commission
considers that—(a)the person’s performance as a senior
officer has been ofthe highest standard; and(b)the person is likely to continue to
contribute at a highstandard to the commission’s
performance.(3)However, subject to subsection (3A), a
senior officer must nothold office in the commission as a
senior officer for more than10 years in
total.Example—A person held
office as a senior officer for 7 years, comprising anappointment for an initial term of 5 years
and a reappointment for afurther term of 2 years. The person
may be reappointed as a seniorofficer for a
further term of 3 years. However, the person must notcontinue in, or be reappointed to, the
office at the end of that 3-yearterm, unless the
reappointment is made under subsection (3A).(3A)A
senior officer who has held office in the commission as asenior officer for 10 years in total may be
reappointed for afurther term if the reappointment—(a)isnecessaryfortheefficientoperationofthecommission; and(b)doesnotresultinthepersonholdingofficeinthecommission as a senior officer for
more than 15 years intotal.Example—A
person has held office in the commission for 10 years as a
seniorofficer. At the end of 10-year period, the
person may be reappointed asa senior officer
for a further term of not more than 5 years.Page 260Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
247A](3B)Any time a
person held office in the commission as a seniorofficer before the commencement of this
subsection must beincludedinworkingoutthenumberofyearsundersubsection (3) or (3A).(3C)For
subsections (3) to (3B), any time a person held office inthe
commission as an assistant commissioner under this Actbeforethecommencementofthissubsectionistakentobetime held by the person in office in
the commission as a seniorofficer.(4)Subsections (3)to(3C)haveeffectdespitetheActsInterpretation
Act 1954, section 25(1)(c).(5)In
this section—senior officermeans a senior
officer whose principal dutiesrelatedirectlytotheperformanceofthecommission’sprevention,crime,corruption,researchorintelligencefunctions or the
giving of legal advice to the commission, butdoesnotincludeaseniorofficerwhosedutiessupportthecommission’s functions.Examplesofseniorofficerswhosedutiessupportthecommission’sfunctions—•an
officer whose principal duties relate to information
technologymatters•an
officer whose principal duties relate to financial matters•anofficerwhoseprincipaldutiesrelatetohumanresourcemanagement matters247ANotice to parliamentary committee(1)Ifapersonisreappointedforafurthertermundersection
247(3A),thechiefexecutiveofficermustgivetheparliamentary committee written notice of
the appointment.(2)The notice must state the
following—(a)the name of the person appointed for
the further term;(b)the position the person holds in the
commission;Current as at [Not applicable]Page
261
Crime
and Corruption Act 2001Chapter 6 Administration[s
248](c)whytheperson’sappointmentforthefurthertermisnecessary for the efficient operation
of the commission;(d)the period of the further term.Notauthorised—indicativeonly248Basis of
employment for senior officers(1)Each
person appointed as a senior officer must enter into awritten contract of employment with the
commission.(2)The conditions of the person’s
contract must be approved bythe
Minister.(3)The person’s conditions of employment
are governed by thisAct and the contract.(4)The contract of employment must
state—(a)subject to section 247, the term, not
longer than 5 years,of the person’s employment; and(b)the person’s duties; and(c)that the person must meet any
performance standards setby the chief executive officer;
and(d)the remuneration to which the person
is entitled; and(e)thatthepersonmayresignbysignednoticeofresignation given to the chief
executive officer at least 1month before the
notice is to take effect; and(f)thattheperson’sappointmentandcontractofemployment may be terminated by the chief
executiveofficer by notice signed by the chief
executive officerand given to the person at least 1 month
before it is totake effect.249Preservation of rights(1)This
section applies if—(a)a person is appointed as a senior
officer; and(b)the person resigns the person’s role
as a public serviceofficer in order to accept the
appointment.Page 262Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
251](2)Thepersonretainsandisentitledtoallrightsthathaveaccrued to the
person because of the person’s employment asa public service
officer, or that would accrue in the future tothepersonbecauseofthatemployment,asifserviceasaseniorofficerwereacontinuationofserviceasapublicservice
officer.(3)At the end of the person’s term of
office or on resignation—(a)the person is
entitled to be appointed to an office in thepublic service
at a salary level not less than the currentsalarylevelofanofficeequivalenttotheofficetheperson held before being appointed as a
senior officer;and(b)the person’s
service as a senior officer is to be regardedasserviceofalikenatureinthepublicservicefordeciding the person’s rights as a public
service officer.Division 4Roles of
commission, chairpersonand chief executive officer251Role of commission(1)Thecommissionisresponsibleforprovidingstrategicleadershipanddirectionfortheperformanceofthecommission’s functions, and the
exercise of the commission’spowers,bythechairperson,chiefexecutiveofficerandcommission staff.(2)The
commission is also responsible for—(a)thepreparationofthecommission’sstrategicandbusiness plans; and(b)theestablishmentofinternalmanagementcommitteesand their
charters; and(c)the preparation of the internal audit
charter prepared fortheFinancial
Accountability Act 2009.(3)Ifaskedbythechairperson,thecommissionmayhelpthechairperson in the performance of the
commission’s functionsCurrent as at [Not applicable]Page
263
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 252]orexerciseofthecommission’spowersdelegatedtothechairperson under section 269.252Role of chairperson(1)The chairperson—(a)is
the chair of the commission; and(b)isresponsiblefortheproperperformanceofthecommission’sfunctionsdelegatedtothechairpersonunder section
269.(2)The chairperson is to—(a)perform the functions, and exercise
the powers, of thecommissiondelegatedtothechairpersonundersection 269; and(b)performtheotherfunctions,andexercisetheotherpowers,
conferred on the chairperson under this Act oranother
Act.(3)Thechairpersonistoreporttothecommissionontheperformance of the commission’s
functions, but is not subjecttothedirectionofthecommissionintheperformanceofafunction or exercise of a power in an
investigation, hearing,operation or other proceeding under
this Act or another Act.(4)Anything done in
the commission’s name by the chairpersonor the
chairperson’s delegate is taken to have been done by thecommission.253Role
of chief executive officer(1)The chief
executive officer is responsible to the commissionfor
the administration of the commission.(2)The
chief executive officer is to—(a)perform the functions, and exercise the
powers, of thecommissiondelegatedtothechiefexecutiveofficerunder section 269; andPage 264Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
254](b)perform the functions and exercise the
powers delegatedto the chief executive officer by the
chairperson; and(c)performtheotherfunctions,andexercisetheotherpowers,
conferred on the chief executive officer underthis Act.(3)In performing a function or exercising
a power under this Act,the chief executive officer is subject
to the direction of—(a)for a function
or power delegated to the chief executiveofficer by the
chairperson—the chairperson; or(b)otherwise—the commission.(4)The chief executive is to report to
the commission on—(a)allmattersrelatingtotheadministrationofthecommission; and(b)theperformanceofthefunctionsandexerciseofthepowers mentioned in subsection (2)(a)
and (c).(5)Anythingdoneinthecommission’snamebythechiefexecutive officer or chief executive
officer’s delegate is takento have been
done by the commission.Division 5Commission staff
and agents254Commission staff(1)The
commission may employ the staff necessary to enable thecommission to perform its functions.(2)The staff are to be employed under
this Act and not under thePublic Service Act 2008.(3)Thestaffaretobepaidtheremunerationandallowancesdecided by the
Minister.(4)Staff employed at or above a level
decided by the commissionmustbeemployedunderawrittencontractofemploymentwith the
commission.Current as at [Not applicable]Page
265
Crime
and Corruption Act 2001Chapter 6 Administration[s
255](5)Staffemployedunder a written contract of employment
arenot subject to any industrial instrument
under theIndustrialRelationsAct2016oranydeterminationorruleofanindustrial tribunal.(6)The staff are subject to the direction
and control of the chiefexecutive officer.Notauthorised—indicativeonly255Secondment of
officers(1)Thechiefexecutiveofficermayarrangewiththechiefexecutiveofadepartment,orwithanotherunitofpublicadministration,
for the services of officers or employees of thedepartment or other unit to be made
available (seconded) tothe
commission.(2)The arrangement is not effective
unless it has been approvedby—(a)forasecondmentofanofficeroremployeeoftheparliamentary service—the Speaker;
or(b)for a secondment of a member of the
police service—the Minister and the Minister administering
thePoliceService
Administration Act 1990; or(c)for
a secondment of another officer or employee—(i)ifthesecondmentistoapositionatalevelequivalent to or above the level of a senior
officerunderthePublicServiceAct2008—theMinisterand the Minister
responsible for the unit of publicadministrationfromwhichthepersonistobeseconded;
or(ii)if the
secondment is to a position at another level—thechiefexecutiveoftheunitofpublicadministrationfromwhichthepersonistobeseconded.(3)Anofficeroremployeesecondedtothecommissionunderthis
section is subject to the direction and control of the chiefexecutive officer.Page 266Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
256](4)However, if police officers are
seconded to the commission,their efficient
deployment is to be the joint responsibility ofthe chief
executive officer and the most senior police officerseconded to the commission.(5)Without limiting section 174(2), a
police officer seconded tothecommissionunderthissectioncontinuestobeapoliceofficer for all purposes and to have the
functions and powersof a police officer without being
limited to the performance ofthe commission’s
functions.Example for subsection (5)—A
police officer seconded to the commission may exercise the
powersof a police officer under thePolice Powers and Responsibilities
Act2000for an
investigation of alleged corruption involving a relevantoffence as defined in section 323 of that
Act.(6)This section does not apply to the
establishment of a policetask force or to police officers who
are part of a police taskforce.256Engagement of agents(1)Tomeettemporarycircumstances,thecommissionmayengage suitably qualified persons to provide
it with services,information or advice.(2)Apersonengagedundersubsection
(1)isengagedonthetermsandconditionsdecidedbythecommissionandnotunder thePublic Service
Act 2008.257Commission
officers(1)This section applies to commission
officers who are employedbythecommissionundersection 254orsecondedtothecommission under section 255.(2)The commission may issue directions
for the performance ofduties by the commission
officers.(3)A person who is a member ofa
relevant office and who issecondedtothecommissionundersection 255remainsamember of the office from which the
person was seconded.Current as at [Not applicable]Page
267
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 258](4)Subsection (3) is subject to
subsection (2) and section 255(4).(5)A
person mentioned in subsection (3)—(a)is
entitled to the person’s existing and accruing rights asif
employment as an officer of the commission were acontinuation of employment in the relevant
office; and(b)continuestoberequiredtocontributetoanysuperannuation scheme to which the
person is requiredto contribute as a member of the
office.258Superannuation schemes(1)The commission may—(a)establish or amend superannuation
schemes; or(b)joininestablishingoramendingsuperannuationschemes;
or(c)take part in superannuation
schemes.(2)Subsection (1)doesnotapplytocommissionofficersseconded under section 255 or engaged under
section 256.(3)The auditor-general must audit the
schemes.(4)Subsection (3) is subject to
theAuditor-General Act 2009.Division 6Performance
accountability259Budget and performance(1)Foreachfinancialyear,thecommissionmustadoptandsubmittotheMinisterabudgetnotlaterthanthedaytheMinister directs.(2)The
chief executive officer is responsible for developing thebudget for the commission.(3)A budget has no effect until approved
by the Minister.(4)During a financial year the commission
may develop, adoptand submit to the Minister amendments to its
budget.Page 268Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
260](5)An amendment has no effect until
approved by the Minister.(6)The commission
must comply with its budget.260Performance(1)TheMinisterhasaresponsibilitytoensurethatthecommission operates to best practice
standards.(2)TohelptheMinisterdischargethatresponsibility,thecommission must report to the Minister, when
and in the wayrequiredbytheMinister,ontheefficiency,effectiveness,economyandtimelinessofthecommissionanditssystemsand processes,
including operational processes.(3)Thereportmustbeaccompaniedbyanyfinancialorotherreports the
Minister requires to enable the Minister to assesstheefficiency,effectiveness,economyortimelinessofthecommission,including,inparticular,thetimelinesswithwhich the commission deals with
complaints.(4)ThecommissionmustcomplywithaMinisterialrequestunder this section.(5)ThissectiondoesnotrequirethecommissiontogivetheMinister any details that, if given—(a)wouldprejudiceacurrentsensitiveoperationof,orinvestigation by, the commission;
or(b)may threaten—(i)the
security of a protected person; or(ii)the
integrity of the witness protection program orotherwitnessprotectionactivitiesofthecommission.Current as at
[Not applicable]Page 269
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 261]Division 7Meetings and
other business ofcommission261Conduct of businessSubjecttothisdivision,thecommissionmayconductitsbusiness,includingitsmeetings,inthewayitconsidersappropriate.262Chief
executive officer or senior executive officer mayattend meetingsThe chief
executive officer or a senior executive officer mayattendcommissionmeetingsbutisnotentitledtovoteatameeting.263Times
and places of meetings(1)Commission
meetings are to be held at the times and placesthe chairperson
decides.(2)However,thechairpersonmustcallameetingifasked,inwriting,todosobytheMinisteroratleastthenumberofcommissioners forming a quorum for the
commission.264Quorum(1)A
quorum for a commission meeting is any 3 commissioners.(2)However, if a report is to be
presented to the commission foradoption, the
quorum for the meeting is any 4 commissioners.265Presiding at meetings(1)The
chairperson is to preside at all commission meetings atwhich the chairperson is present.(2)If the chairperson is absent from a
commission meeting, thedeputy chairperson is to preside at
the meeting.Page 270Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
266](3)Ifboththechairpersonanddeputychairpersonareabsentfrom a
commission meeting, the commissioner chosen by thecommissioners present is to preside at the
meeting.266Conduct of meetings(1)A question at a commission meeting is
decided by a majorityof the votes of the commissioners
present.(2)Each commissioner present at the
meeting has a vote on eachquestion to be decided and, if the
votes are equal, the personpresiding also
has a casting vote.(3)Acommissionerpresentatthemeetingwhoabstainsfromvoting is taken to have voted for the
negative.(4)The commission may hold meetings, or
allow commissionersorofficersmentionedinsection 262totakepartinitsmeetings,byusinganytechnologyallowingreasonablycontemporaneousandcontinuouscommunicationbetweenpersons taking part in the meeting.Exampleoftechnologyallowingreasonablycontemporaneousandcontinuous communication—teleconferencing(5)Apersonwhotakespartinacommissionmeetingundersubsection (4)
is taken to be present at the meeting.(6)A
resolution is validly made by the commission, even if it isnot
passed at a commission meeting, if—(a)amajorityofthecommissionersgiveswrittenagreement to the
resolution; and(b)noticeoftheresolutionisgivenunderproceduresapproved by the
commission.267Disclosure of interests(1)This section applies to a commissioner
(theinterested person)if—Current as at [Not applicable]Page
271
Crime
and Corruption Act 2001Chapter 6 Administration[s
267]Notauthorised—indicativeonly(a)the interested
person has a material personal interest inan issue being
considered, or about to be considered, bythe commission;
and(b)the interest could conflict with the
proper performanceoftheperson’sdutiesabouttheconsiderationoftheissue.(2)Assoonaspracticableaftertherelevantfactscometotheinterested person’s knowledge, the
person must disclose thenature of the interest to a commission
meeting.(3)Unlessthecommissionotherwisedirects,theinterestedperson must
not—(a)be present when the commission
considers the issue; or(b)takepartinadecisionofthecommissionabouttheissue.(4)Theinterestedpersonmustnotbepresentwhenthecommission is considering whether to
give a direction undersubsection (3).(5)If
there is another person who must, under subsection (2), alsodiscloseamaterialpersonalinterestintheissue,theotherperson must
not—(a)be present when the commission is
considering whethertogiveadirectionundersubsection (3)abouttheinterested person; or(b)takepartinmakingthedecisionaboutgivingthedirection.(6)If—(a)because of this
section, a commissioner is not present atacommissionmeetingforconsideringordecidinganissue, or for considering or deciding
whether to give adirection under subsection (3); and(b)there would be a quorum if the member
were present;theremainingpersonspresentareaquorumofthecommissionforconsideringordecidingtheissue,orforPage 272Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
268]considering or deciding whether to give the
direction, at themeeting.(7)Adisclosureundersubsection (2)mustberecordedinthecommission’s minutes.(8)A failure to disclose a material
personal interest does not, ofitself,
invalidate a commission decision.(9)In
this section—material personal interestmeans—(a)adirectorindirectinterestrelatingtothepersonalaffairs of the
commissioner that may have, or be seen tohave,asignificantinfluenceontheconductofthecommissioner at
the meeting; or(b)a personal or political association
that might influencethecommissionerinthedischargeofthecommissioner’s duties.268Minutes(1)The
commission must keep—(a)minutes of its
meetings; and(b)a record of any resolutions made under
section 266(6).(2)Subsection (3)appliesifaresolutionispassedatacommissionmeetingbyamajorityofthecommissionerspresent.(3)If asked by a commissioner who voted
against the passing ofthe resolution, the commission must
record in the minutes ofthemeetingthatthecommissionervotedagainsttheresolution.Current as at
[Not applicable]Page 273
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 269]Division 8Delegations and
authorisedcommission officers269Delegation—commission(1)Thecommission’sfunctionsandpowersunderthisActoranotherAct,otherthanthecommission’sfunctionsundersections 234,
251(1) and (2) and 259, are delegated to—(a)forafunctionorpowerundersections 40,245,254,256,258,260and346B,thecommission’sfinancialaccountabilityfunctionsandthecommission’spublicrecord powers—the chief executive officer;
or(b)otherwise—the chairperson.(2)However,inissuingadirectionundersection 40,thechiefexecutive
officer is subject to the direction and control of thechairperson.(3)Thechiefexecutiveofficermaysub-delegateafunctionorpowerofthecommissiondelegatedtothechiefexecutiveofficerundersubsection
(1)toanappropriatelyqualifiedcommission officer.(4)However—(a)the
commission’s powers under section 254 in relationto
the appointment of a person at a level equivalent to orabovethelevelofaseniorofficercannotbesub-delegated by the chief executive
officer; and(b)thecommission’sfunctionsandpowersundersection 346B,andthecommission’spublicrecordpowers, may only
be sub-delegated to a senior executiveofficer.(5)The chairperson may sub-delegate a
function or power of thecommission delegated to the
chairperson under subsection (1)to an
appropriately qualified commission officer.(6)However,thecommission’spowersundertheprovisionsmentionedincolumn1ofthefollowingtablemayonlybePage
274Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
270]sub-delegated to the commission officer or
officers mentionedin column 2 of the table—ProvisionCommission
officersection 50 (Commission may prosecutecorrupt conduct)senior executive
officersection 257(2) (Commission officers)chief executive officer(7)In
this section—commission’sfinancialaccountabilityfunctionsmeansthecommission’sfunctionsundertheFinancialAccountabilityAct 2009.commission’s public record
powersmeans the commission’spowers under
thePublic Records Act 2002as the
responsiblepublic authority for a public record.Note—For an example
of the commission’s public record powers, see thePublic Records Act 2002, section
19.270Delegation—chairperson(1)The chairperson may delegate the
chairperson’s powers underthis or another Act, other than under
thePolice Powers andResponsibilitiesAct2000,section 674,toanappropriatelyqualified
commission officer.(2)However—(a)the
chairperson’s powers under section 82(6) may onlybe
delegated to the senior executive officer (crime); and(b)the chairperson’s powers under section
272 may only bedelegated to a senior executive
officer.Current as at [Not applicable]Page
275
Crime
and Corruption Act 2001Chapter 6 Administration[s
271]271Delegation—chief executive officer and
senior executiveofficerThe chief
executive officer or a senior executive officer maydelegatetheofficer’spowersunderthisActtoanappropriately qualified commission
officer.Notauthorised—indicativeonly272Authorised
commission officer(1)Thechairpersonmayauthoriseanappropriatelyqualifiedofficeroremployeeofthecommissiontoperformthefunctions of, exercise the powers of, or for
any purpose to be,an authorised commission officer under a
provision of this Actor another Act.(2)Thechairpersonmayauthoriseapoliceofficerwhoisamemberofapolicetaskforceestablishedundersection 32thatisundertakinganinvestigationincooperationwiththecommission to perform the functions
of, exercise the powersof, or for any purpose to be, an
authorised commission officerunder a
provision of this Act or another Act.(3)An
authorisation may be given on conditions and may imposelimitations on the exercise of
powers.(4)AreferenceinaprovisionofthisoranotherActtoanauthorised
commission officer is a reference to a person whois
an authorised commission officer under this section.273Commission officer’s identity
card(1)The chief executive officer must give
each commission officeran identity card.(2)The
identity card must—(a)contain a recent photo of the officer;
and(b)containacopyofthecommissionofficer’ssignature;and(c)identify the person as a commission
officer under thisAct; andPage 276Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
273A](d)state an expiry date for the
card.(3)A person who stops being a commission
officer must returnthe person’s identity card to the chief
executive officer as soonas possible (but within 21 days) after
the person stops being acommissionofficer,unlessthepersonhasareasonableexcuse.Maximum penalty—20 penalty units.(4)This section does not prevent the
giving of a single identitycard to a person
for this Act and other purposes.(5)In
this section—commission officerdoes not
include—(a)a police officer who is a member of a
police task forceestablished under section 32; or(b)a person engaged under section
256.Division 9Disciplinary
action for seniorofficers and commission staff andagents etc.Subdivision
1Preliminary273ADefinitions for div 9In this
division—disciplinary actionsee section
273C(1).disciplinaryfindingmeansafindingthatadisciplinaryground
exists.disciplinarygroundmeansagroundfordiscipliningarelevantcommissionofficerorformerrelevantcommissionofficer under
section 273B.employment, in relation to
a person, includes secondment andengagement.Current as at
[Not applicable]Page 277
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 273AA]former relevant commission officersee
section 273D(1)(a).prescribed employeemeans a
prescribed employee under thePublic Service
Act 2008, section 186A, other than a relevantcommission
officer.relevant commission officermeans—(a)a
senior officer; or(b)a person employed under section 254 or
seconded undersection 255; or(c)a
person engaged under section 256.relevant
employeemeans—(a)a
public service employee; or(b)a
prescribed employee.273AA References to relevant
employees(1)This section provides for the meaning
of particular terms usedin this division relating to a person
who is or was a relevantemployee.(2)A
reference to the person’s current or previous chief
executiveis a reference to—(a)for
a person who is or was a public service employee—thechiefexecutiveofthedepartmentinwhichtheperson is or was employed as a public
service employee;or(b)for a person who
is or was a prescribed employee—theperson’scurrentorpreviouschiefexecutiveunderthePublic Service Act 2008, section
186B(2).(3)A reference to a relevant disciplinary
law for the person is areference to any of the
following—(a)the Public Service Act 2008, chapter
6;(b)a law that is a relevant disciplinary
law for the personunder the Public Service Act 2008, section
186B(3).Page 278Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
273B]Note—Thelawsmentionedinthissubsectionalsoprovidefordisciplinaryaction against a
person who was, but is no longer, a relevant employee.(4)In subdivision 3—(a)areferencetoarelevantdisciplinarygroundfortheperson is a
reference to a disciplinary ground under arelevant
disciplinary law for the person; and(b)areferencetoadisciplinaryfindinginrelationtoarelevantdisciplinarygroundforthepersonisareference to a
finding that a relevant disciplinary groundfor the person
exists.Subdivision 2Grounds and
disciplinary actiongenerally273BGrounds for discipline(1)Thechiefexecutiveofficermaydisciplinearelevantcommission
officer if the chief executive officer is reasonablysatisfied the officer has—(a)performed the officer’s duties
carelessly, incompetentlyor inefficiently; or(b)been guilty of misconduct; or(c)beenabsentfromdutywithoutapprovedleaveandwithout reasonable excuse; or(d)contravened,withoutreasonableexcuse,adirectiongiven to the
officer by a responsible person; or(e)used,withoutreasonableexcuse,asubstancetoanextentthathasadverselyaffectedthecompetentperformance of
the officer’s duties; or(f)contravened,
without reasonable excuse, a requirementof the chief
executive officer under section 273G(1) inrelation to the
officer’s employment by, in response tothe
requirement—Current as at [Not applicable]Page
279
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 273C](i)failing to disclose a serious
disciplinary action; or(ii)giving false or
misleading information; or(g)contravened,
without reasonable excuse—(i)a provision of
this Act; or(ii)a standard of
conduct applying to the officer underanapprovedcodeofconductunderthePublicSector Ethics
Act 1994; or(iii)astandardofconduct,ifany,applyingtotheofficerunderanapprovedstandardofpracticeunder thePublic Sector Ethics Act 1994.(2)Also,thechiefexecutiveofficermaydisciplineaformerrelevant
commission officer under section 273D on the samegrounds mentioned in subsection (1).(3)Adisciplinarygroundariseswhentheactoromissionconstituting the
ground is done or made.(4)In this
section—misconductmeans—(a)inappropriateorimproperconductinanofficialcapacity; or(b)inappropriate or improper conduct in a
private capacitythat reflects seriously and adversely on the
commission.Example of misconduct—victimisinganothercommissionofficerinthecourseoftheotherofficer’s employment or engagement with the
commissionresponsibleperson,foradirection,meansapersonwithauthority to give the direction, whether the
authority derivesfrom this Act or otherwise.273CDisciplinary action that may be taken
against a relevantcommission officer generally(1)Indiscipliningarelevantcommissionofficer,thechiefexecutive
officer may take the action, or order the action bePage
280Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
273C]taken,(disciplinaryaction)thatthechiefexecutiveofficerconsiders
reasonable in the circumstances.Examples of
disciplinary action—•termination of
employment•reductionofclassificationlevelandaconsequentialchangeofduties•transfer or redeployment to another unit of
the commission•forfeiture or deferment of a
remuneration increment or increase•reduction of remuneration•imposition of a monetary
penalty•if a penalty is imposed, a direction
that the amount of the penaltybe deducted from
the officer’s periodic remuneration payments•a
reprimand•counselling(2)A
monetary penalty can not be more than the total of 2 of therelevantcommissionofficer’speriodicremunerationpayments.(3)Also, an amount directed to be
deducted from any particularperiodicremunerationpaymentoftherelevantcommissionofficer—(a)must not be more than half of the
amount payable to orfor the officer in relation to the
payment; and(b)mustnotreducetheamountofsalarypayabletotheofficer in
relation to the period to less than—(i)iftheofficerhasadependant—theguaranteedminimum wage for
each week of the period; or(ii)otherwise—two-thirds of the guaranteed
minimumwage for each week of the period.(4)An order under subsection (1) is
binding on anyone affectedby it.Current as at
[Not applicable]Page 281
Crime
and Corruption Act 2001Chapter 6 Administration[s
273CA]Subdivision 3Disciplinary
action against arelevant commission officer whowas
a relevant employeeNotauthorised—indicativeonly273CA Application of subdivision(1)This subdivision applies if—(a)apersonisarelevantemployeeandarelevantdisciplinary
ground arises in relation to the person; and(b)after the relevant disciplinary ground
arises, the personstops being employed as a relevant employee
and startsemployment as a relevant commission
officer.(2)However,thissubdivisiondoesnotapplyiftheperson’spreviouschiefexecutivehastaken,istaking,orintendstotake, disciplinary action against the
person, under a relevantdisciplinarylaw,inrelationtotherelevantdisciplinaryground.273CB
Action previous chief executive may take(1)The
person’s previous chief executive may make a disciplinaryfindingabouttherelevantdisciplinarygroundforthissubdivision.(2)Thepreviouschiefexecutivemaytakedisciplinaryactionabouttherelevantdisciplinarygroundasprovidedundersection 273CC(2).(3)Despite subsection (1) and without limiting
or being limitedby any other power of delegation under any
Act, the previouschief executive may delegate to the chief
executive officer theauthority under subsection (1) to make
a disciplinary findingabout the person.(4)The
previous chief executive may give to the chief executiveofficeranyinformationaboutapersonorarelevantdisciplinarygroundrelatingtothepersontohelpthechiefexecutiveofficertoperformafunctionundersection273CC(2) or (4)
in relation to the person.Page 282Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
273CC]273CC Action chief executive officer may
take(1)Subsection (2) applies if—(a)the previous chief executive makes a
disciplinary findingabout the relevant disciplinary
ground; and(b)thepreviouschiefexecutiveandthechiefexecutiveofficer agree
that disciplinary action against the personis reasonable in
the circumstances.(2)Thechiefexecutiveofficermaytakedisciplinaryactionagainstthepersonundersection273Casifadisciplinaryground under
section 273B exists.(3)Subsection (4)
applies if—(a)thepreviouschiefexecutivedelegatestothechiefexecutiveofficertheauthorityundersection273CB(1)to
make a disciplinary finding about the person; and(b)the chief executive officer makes a
disciplinary findingabout the person.(4)Thechiefexecutiveofficermaytakedisciplinaryactionagainst the person under section 273C
without the agreementof the previous chief
executive.Subdivision 4Disciplinary
action against a formerrelevant commission officer273DDisciplinary action that may be taken
against a formerrelevant commission officer(1)This section applies if—(a)adisciplinarygroundarisesinrelationtoarelevantcommissionofficer(theformerrelevantcommissionofficer);
and(b)afterthedisciplinarygroundarises,theofficer’semployment as a
relevant commission officer ends forany
reason.Current as at [Not applicable]Page
283
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 273D](2)However, this section does not apply
in relation to a personwhoisaformerrelevantcommissionofficerifthechiefexecutive officer is aware—(a)the person is a relevant employee;
and(b)theperson’scurrentorpreviouschiefexecutivehastaken,istaking,orintendstotakedisciplinaryactionagainst the person, under a relevant
disciplinary law, inrelation to the disciplinary
ground.(3)The chief executive officer may make a
disciplinary finding,ortakedisciplinaryactionunderthissection,againsttheformerrelevantcommissionofficerinrelationtothedisciplinary ground.(4)The disciplinary finding or
disciplinary action must be madeor taken within
a period of 2 years after the end of the relevantcommission officer’s employment.(5)For subsections (3) and (4), the chief
executive officer takesdisciplinaryactionagainstaformerrelevantcommissionofficerbymakingadisciplinarydeclarationagainsttheofficer.(6)Thechiefexecutiveofficermayonlymakeadisciplinarydeclarationifthedisciplinaryactionthatwouldhavebeentakenagainsttheformerrelevantcommissionofficeriftheofficer’s
employment had not ended would have been—(a)dismissal; or(b)reduction of classification level.(7)The making of the disciplinary
declaration does not affect theway in which the
relevant commission officer’s employmentended, or any
benefits, rights or liabilities arising because theemployment ended.(8)In
this section—disciplinary declarationmeans a
declaration of—(a)thedisciplinaryfindingagainsttheformerrelevantcommission officer; andPage 284Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 6 Administration[s
273DA](b)thedisciplinaryactionthatwouldhavebeentakenagainst the
relevant commission officer if the officer’semployment had
not ended.Notauthorised—indicativeonlySubdivision 5Information
about disciplinaryaction273DA Information
about disciplinary action to be given by chiefexecutive
officer(1)This section applies if—(a)arelevantofficialasksthechiefexecutiveofficerfordisciplinary information that the chief
executive officerhas about a person who is or was a relevant
commissionofficer; and(b)the
information is reasonably necessary for the relevantofficial to make a decision about—(i)anappointmentorcontinuedappointment,oremploymentorcontinuedemployment,oftheperson by the official; or(ii)adisciplinaryfinding,disciplinaryactionordisciplinary declaration the official
is consideringinrelationtothepersonunderarelevantdisciplinary
law.(2)Thechiefexecutiveofficermustgivethedisciplinaryinformation to
the relevant official unless the chief executiveofficer is reasonably satisfied that giving
the information mayprejudice the investigation of a suspected
contravention of thelaw in a particular case.(3)In this section—disciplinary
information, about a person, means informationabout the following made or taken against
the person underthis Act by the chief executive
officer—(a)a current investigation into whether
the person shouldbe disciplined;Current as at
[Not applicable]Page 285
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 273DB](b)a finding that the person should be
disciplined;(c)possible disciplinary action under
consideration;(d)disciplinaryaction,includingadisciplinarydeclaration.relevant
officialmeans—(a)the
chief executive of a department; or(b)thechiefexecutive(howeverdescribed)ofanentitywhose employees
are prescribed employees; or(c)the
commissioner of police.273DB Information about disciplinary
action to be given to chiefexecutive
officer(1)This section applies if—(a)thechiefexecutiveofficerasksarelevantofficialfordisciplinaryinformationthattheofficialhasaboutaperson who is or was a relevant employee;
and(b)theinformationisreasonablynecessaryforthechiefexecutive officer to make a decision
about—(i)theemploymentorcontinuedemploymentoftheperson as a relevant commission
officer; or(ii)adisciplinaryfinding,disciplinaryactionordisciplinary declaration the chief
executive officeris considering in relation to the person
under thisAct.(2)The
relevant official must give the disciplinary information tothechiefexecutiveofficerunlesstheofficialisreasonablysatisfiedthatgivingtheinformationmayprejudicetheinvestigationofasuspectedcontraventionofthelawinaparticular case.(3)In
this section—disciplinary information, about a
person, means informationabout the following made or taken
against the person under aPage 286Current as at
[Not applicable]
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and Corruption Act 2001Chapter 6 Administration[s
273E]public sector disciplinary law by a relevant
official or anotherentity—(a)a
current investigation into whether the person shouldbe
disciplined;(b)a finding that the person should be
disciplined;(c)possible disciplinary action under
consideration;(d)disciplinaryaction,includingadisciplinarydeclaration.public sector
disciplinary lawmeans—(a)apublicsectordisciplinarylawunderthePublicService Act
2008; or(b)another law under which a prescribed
employee may bedisciplined.relevant
employeeincludes a police officer.relevant officialmeans—(a)the chief executive of a department;
or(b)thechiefexecutive(howeverdescribed)ofanentitywhose employees
are prescribed employees; or(c)the
commissioner of police.Subdivision 6Other provisions
about disciplinaryaction273ESuspension of relevant commission officer
liable todisciplinary action(1)Thechiefexecutiveofficermaysuspendarelevantcommissionofficerfromdutyifthechiefexecutiveofficerreasonably believes the officer is liable to
disciplinary actionunder this Act.Current as at
[Not applicable]Page 287
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 273F](2)However, before suspending the
relevant commission officer,the chief
executive officer must consider all alternative dutiesthat
may be available for the officer to perform.(3)During the period of the suspension the
relevant commissionofficerisentitledtonormalremuneration,lessanyamountearnedbytheofficerfromalternativeemploymentthattheofficer engages in during the
period.(4)For subsection (3), alternative
employment does not includeemployment of
the relevant commission officer if—(a)the
officer was engaged in the employment at the time ofthe
suspension; and(b)theofficer’sengagingintheemploymentwasnotincontravention of
this Act or an obligation imposed onthe officer
under a code of conduct approved under thePublic Sector
Ethics Act 1994.(5)The deduction
under subsection (3) must not be more than theamountoftherelevantcommissionofficer’snormalremuneration
during the period of the suspension.(6)The
continuity of the relevant commission officer’s service asa
relevant commission officer is taken not to have been brokenonly
because of the suspension.(7)The chief
executive officer may cancel the suspension at anytime.273FProcedure for disciplinary action(1)Indiscipliningarelevantcommissionofficerorformerrelevantcommissionofficerorsuspendingarelevantcommission
officer, the chief executive officer must complywith
this Act and the principles of natural justice.(2)However, natural justice is not required if
the suspension is onnormal remuneration.(3)If the chief executive officer decides
to suspend or terminatetheemploymentofarelevant commissionofficer,thechiefPage 288Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
273G]executive officer must give the officer
notice of the suspensionor termination.(4)The
notice must state—(a)for a suspension—(i)when
the suspension starts and ends; and(ii)the
remuneration to which the relevant commissionofficer is
entitled for the period of the suspensionunder section
273E; and(b)for a termination—the day when it
takes effect.Division 10Other provisions
about seniorofficers and commission staff andagents273GRequirement to disclose previous history of
seriousdisciplinary action(1)If
the chief executive officer proposes to employ a person as arelevant commission officer, the chief
executive officer mayrequirethepersontodisclosetothechiefexecutiveofficerparticulars of
any serious disciplinary action taken against theperson.(2)Thepersonmustcomplywiththerequirementbeforetheemployment takes effect and within the
time and in the waystated by the chief executive
officer.(3)The chief executive officer may have
regard to informationdisclosed by the person under this
section in deciding whetherto employ a
person as a relevant commission officer.(4)The
chief executive officer is not required to further considerthe
person for employment as a relevant commission officer ifthe
person—(a)fails to comply with the requirement;
or(b)gives false or misleading information
in response to therequirement.Current as at
[Not applicable]Page 289
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 273H](5)In this section—disciplinaryaction,foraperson,meansanyactionofadisciplinary nature taken against the
person under this Act or apublic sector disciplinary law.disciplinary declarationmeans—(a)a disciplinary declaration under
section 273D; or(b)adisciplinarydeclarationwithinthemeaningofthePublicServiceAct2008,schedule 4,definitiondisciplinary
declaration, paragraph (a).employ, in
relation to a person, includes second and engage.publicsectordisciplinarylawmeansapublicsectordisciplinary law under thePublic Service Act 2008.relevant commission officermeans—(a)a
senior officer; or(b)a person employed under section 254 or
seconded undersection 255; or(c)a
person engaged under section 256.serious
disciplinary action, in relation to a person, means—(a)disciplinary action taken against the
person, involving—(i)termination of employment; or(ii)reduction of
classification level or rank; or(iii)transfer or redeployment to other
employment; or(iv)reduction of
remuneration level; or(b)adisciplinarydeclarationthatstatesadisciplinaryactionmentionedinparagraph(a)(i)or(ii)asthedisciplinary action that would have
been taken againstthe person if the person’s employment had
not ended.273HRelevant prosecuting authority to
notify chief executiveofficer of prosecution
proceeding(1)This section applies if—Page
290Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 6 Administration[s
273H]Notauthorised—indicativeonly(a)thecommissionerofpoliceorthedirectorofpublicprosecutions(arelevantprosecutingauthority)isawareapersonchargedwitharelevantoffenceisarelevant
commission officer; and(b)a relevant event
happens in relation to the person.(2)The
relevant prosecuting authority must, within the relevantperiod for the relevant event, give the
chief executive officer anotice stating each of the following
matters—(a)the person’s name;(b)the
date the relevant event happened;(c)particulars of the relevant offence to which
the relevantevent relates;(d)if
the relevant event is that the person is committed by acourt for trial for a relevant
offence—(i)the court that committed the person
for trial; and(ii)the court to
which the person was committed;(e)if
the relevant event is that the person is convicted by acourt of a relevant offence—(i)the court that convicted the person;
and(ii)the sentence
imposed by the court;(f)iftherelevanteventisthatanappealagainstaconviction of the person for a
relevant offence has beendecided—(i)the
court in which the appeal was decided; and(ii)the
particulars of the decision;(g)if
the relevant event is that the prosecution of the personfor
a relevant offence has ended in a court, without thepersonbeingconvictedoftheoffence—thecourtinwhich the prosecution of the person
ended.(3)In this section—relevant
event, for a person charged with a relevant
offence,means—Current as at
[Not applicable]Page 291
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 273H](a)thepersoniscommittedbyacourtfortrialforarelevant offence; or(b)the person is convicted by a court of
a relevant offence;or(c)if the person is
convicted as mentioned in paragraph (b)andthepersonappealedagainsttheconviction—theappeal is
finally decided or has otherwise ended; or(d)theprosecutionofthepersonfortherelevantoffenceendswithoutthepersonbeingconvictedofarelevantoffence
because—(i)anolleprosequiisenteredontheindictmentpresented
against the person for the offence; or(ii)the
person is acquitted of the offence; or(iii)the
prosecution of the person otherwise ends.relevant
offencemeans—(a)an
indictable offence; or(b)adisqualifyingoffencewithinthemeaningoftheWorkingwithChildren(RiskManagementandScreening)Act2000,section168,thatisnotanindictable offence.relevant
period, for a relevant event, means—(a)generally—7 days after the event
happens; or(b)if the relevant event is the
conviction of a person for arelevantoffence—7daysafterthecourtimposesasentence for the offence.Page
292Current as at [Not applicable]
Notauthorised—indicativeonlyPart
2Crime and Corruption Act 2001Chapter 6 Administration[s 274]Crime Reference CommitteeDivision 1Establishment of
Crime ReferenceCommittee274EstablishmentThe Crime
Reference Committee is established.Division 2Functions and support275Functions of reference committeeThe
reference committee has the following functions—(a)to refer, as provided under chapter 2,
part 2, division 2,major crime to the commission for
investigation;(b)to authorise the commission, as
provided under chapter2, part 4, division 2A, to undertake
specific intelligenceoperations;(c)to
review general referrals under section 30A;(d)tocoordinate,totheextentthecommitteeconsidersappropriate, investigations into major crime
conductedbythecommissionincooperationwithapolicetaskforce or another entity.276Commission to give committee administrative
supportThecommissionmustgivethereferencecommitteereasonable administrative services and
support to enable thecommittee to perform its
functions.Current as at [Not applicable]Page
293
Crime
and Corruption Act 2001Chapter 6 Administration[s
277]Division 3Oversighting
roleNotauthorised—indicativeonly277Reference
committee may obtain information fromcommission(1)The senior executive officer (crime)
must—(a)keepthereferencecommitteeinformedofthegeneralconduct of the
senior executive officer’s operations intheperformanceofthecommission’sfunctionsinrelation to—(i)major crime; or(ii)anauthorisationundersection 55Atoundertakespecificintelligenceoperations,includinganyhearing held under the authorisation;
and(b)notifythereferencecommitteewhenthecommissioncommencesaparticularcrimeinvestigationunderageneralreferraltothecommissionbythereferencecommittee under
section 27(1)(b).(2)The notification mentioned in
subsection (1)(b) must be givenas soon as
practicable after the particular crime investigationcommences.(2A)Theseniorexecutiveofficer(corruption)mustkeepthereference committee informed of the general
conduct of thesenior executive officer’s operations in the
performance of thecommission’sfunctioninrelationtoauthorisationsundersection 55Atoundertakespecificintelligenceoperationsifthe
operation involves suspected corruption.(3)Subsection (4)appliesifthereferencecommitteeasksthesenior executive officer (crime) to
give to it information—(a)concerningamatterrelatingtothecommission’soperations in
relation to major crime or an authorisationundersection 55Atoundertakespecificintelligenceoperations;
or(b)in relation to a particular crime
investigation conducted,orbeingconducted,underageneralreferraltothePage 294Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
278]commissionbythereferencecommitteeundersection
27(1)(b).(4)Theseniorexecutiveofficer(crime)mustcomplywiththerequestandgivethehelpthereferencecommitteeneedstoconsider the information.(4A)Subsection
(4B)appliesifthereferencecommitteeaskstheseniorexecutiveofficer(corruption)togiveitinformationconcerning a
specific intelligence operation authorised undersection 55A if the operation involves
suspected corruption.(4B)Theseniorexecutiveofficer(corruption)mustcomplywiththe
request and give the help the reference committee needs toconsider the information.(5)Informationprovidedtothereferencecommitteeisconfidential.Division 4Provisions about membership278Membership of reference
committee(1)Thereferencecommitteeconsistsofthefollowingmembers—(a)thechairpersonofthecommission,whoisthechairperson of
the reference committee;(b)the senior
executive officer (crime);(c)the commissioner
of police;(d)the principal commissioner under
theFamily and ChildCommission Act
2014;(e)subject to
subsection (1A), the chief executive officer ofthe Australian
Crime Commission;(ea)subject to
subsection (1B), the senior executive officer(corruption);(f)2personsappointedbytheGovernorinCouncilascommunityrepresentatives(eachofwhomisanCurrent as at [Not applicable]Page
295
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 279]appointedmember),ofwhom1atleastmusthaveademonstratedinterestincivillibertiesand1atleastmust be a
female.(1A)ThechiefexecutiveofficeroftheAustralianCrimeCommissionisamemberofthereferencecommitteeonlywhen the
committee is performing a function that relates to afunction that may be conferred under an Act
of the State onthechiefexecutiveofficerundertheAustralianCrimeCommission Act 2002(Cwlth) or
another Commonwealth Actor regulation.(1B)The
senior executive officer (corruption) is a member of thereference committee only when the committee
is performing afunction that relates to an authorisation
under section 55A fora matter involving suspected
corruption.(2)TheMinistermustadvertisethroughouttheStateforapplications from suitably qualified persons
to be consideredfor selection as community
representatives.(3)Subsection (2)doesnotapplytothereappointmentofaperson as a community
representative.(5)Anineligiblepersonoracommissionofficercannotbeappointed, or continue, as a community
representative.(6)Any thing done by or in relation to
the reference committee isnotinvalidonlybecauseofadefectorirregularityintheappointment of a member or because the
reference committeewas not properly constituted.279Deputy committee member(1)Thechairpersonofthecommissionmayappointasthechairperson’sdeputyforareferencecommitteemeetinganothercommissionerortheseniorexecutiveofficer(corruption)
(deputy committee member).(2)Thecommissionerofpolicemayappointasthecommissioner’s deputy for a reference
committee meeting anofficer holding rank at least equal to
assistant commissioner(also adeputy committee
member).Page 296Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
279A](3)TheprincipalcommissionerundertheFamilyandChildCommissionAct2014mayappointasthecommissioner’sdeputyforareferencecommitteemeetinganappropriatelyqualifiedpersonnominatedbythecommissioner(alsoadeputy committee member).(4)ThechiefexecutiveofficeroftheAustralianCrimeCommissionmayappointasthechiefexecutiveofficer’sdeputyforareferencecommitteemeetinganappropriatelyqualified person
nominated by the chief executive officer (alsoadeputy committee member).(5)Apersonappointedasadeputycommitteememberforareferencecommitteemeetingunderthissectionis,forthepurposes of the meeting, taken to be the
committee memberfor whom the person is deputy.279ADelegation of functions of committee
chairperson(1)Thechairpersonofthecommissionmaydelegatehisorherfunctionsaschairpersonofthereferencecommitteetothesenior executive
officer (crime).(2)Ifthechairpersonofthecommissiondelegatesfunctionsasmentionedinsubsection(1),theseniorexecutiveofficer(crime)istakentobethechairpersonofthereferencecommittee.(3)This
section applies even if the chairperson has appointed adeputy under section 279(1).(4)In this section—functionsincludes powers.280Duration of appointment of appointed
memberAnappointedmemberholdsofficefortheterm,notlongerthan 3 years,
stated in the instrument of appointment.Current as at
[Not applicable]Page 297
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 281]281Terms of appointment of appointed
member(1)An appointed member is appointed on a
part-time basis.(2)To the extent that appointed member’s
terms and conditionsare not provided for by this Act, the
appointed member holdsoffice on the terms and conditions
decided by the Governor inCouncil.282Resignation of appointed memberAn
appointed member may resign by signed notice given tothe
Minister.283Termination of appointment of
appointed member(1)The Governor in Council may terminate
the appointment of aperson as an appointed member, if the
person—(a)stopsbeingeligibleforappointmentasanappointedmember;
or(b)becomesincapableofsatisfactorilyperformingthemember’s duties; or(c)is
guilty of corruption that could warrant dismissal fromthe
public service if the member were a public serviceofficer.(2)The
office of an appointed member is vacated if the personbecomes an ineligible person.Division 5Meetings and
other business284Conduct of meetings and other
businessSubject to this division, the reference
committee may conductitsbusiness,includingitsmeetings,inthewayitconsidersappropriate.Page 298Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
285]285Times and places of meetings(1)Reference committee meetings are to be
held at the times andplaces the chairperson of the
reference committee decides.(2)However, the chairperson of the reference
committee must calla meeting if asked, in writing, to do so by
the Minister or atleastthenumberofmembersformingaquorumforthereference committee.286QuorumAquorumforareferencecommitteemeetingisany4members.287Presiding at meetings(1)The chairperson of the reference
committee is to preside at allmeetings at
which the chairperson is present.(2)If
the chairperson of the reference committee is absent from ameeting, the following person is to preside
at the meeting—(a)ifthechairpersonofthereferencecommitteeisthechairperson of
the commission and the senior executiveofficer(crime)ispresentatthemeeting—theseniorexecutive officer (crime);(b)ifthechairpersonofthereferencecommitteeisthesenior executive
officer (crime) and the chairperson ofthecommissionispresentatthemeeting—thechairperson of
the commission;(c)otherwise—thecommitteememberchosenbythecommittee
members.288Conduct of meetings(1)A question at a reference committee
meeting is decided by amajority of the votes of the members
present.Current as at [Not applicable]Page
299
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 289](2)Eachmemberpresentatthemeetinghasavoteoneachquestion to be
decided and, if the votes are equal, the memberpresiding also
has a casting vote.(3)A member present at the meeting who
abstains from voting istaken to have voted for the
negative.(4)Thereferencecommitteemayholdmeetings,orallowmembers to take
part in its meetings, by using any technologyallowingreasonablycontemporaneousandcontinuouscommunication
between members taking part in the meeting.Exampleoftechnologyallowingreasonablycontemporaneousandcontinuous communication—teleconferencing(5)A
member who takes part in a reference committee meetingunder subsection (4) is taken to be present
at the meeting.(6)A resolution is validly made by the
reference committee, evenif it is not passed at a reference
committee meeting, if—(a)a majority of
the members gives written agreement tothe resolution;
and(b)noticeoftheresolutionisgivenunderproceduresapproved by the
reference committee.289Disclosure of interests(1)This section applies to a member of
the reference committee(theinterested
person) if—(a)the
interested person has a material personal interest inan
issue being considered, or about to be considered, bythe
committee; and(b)the interest could conflict with the
proper performanceoftheperson’sdutiesabouttheconsiderationoftheissue.(2)Assoonaspracticableaftertherelevantfactscometotheinterested person’s knowledge, the
person must disclose thenature of the interest to a committee
meeting.Page 300Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
289](3)Unlessthereferencecommitteeotherwisedirects,theinterested person must not—(a)be present when the committee
considers the issue; or(b)take part in a
decision of the committee about the issue.(4)The
interested person must not be present when the referencecommitteeisconsideringwhethertogiveadirectionundersubsection (3).(5)If
there is another person who must, under subsection (2), alsodiscloseamaterialpersonalinterestintheissue,theotherperson must
not—(a)be present when the committee is
considering whethertogiveadirectionundersubsection (3)abouttheinterested person; or(b)takepartinmakingthedecisionaboutgivingthedirection.(6)If—(a)becauseofthissection,acommitteememberisnotpresentatareferencecommitteemeetingforconsidering or deciding an issue, or
for considering ordecidingwhethertogiveadirectionundersubsection (3); and(b)there would be a quorum if the member were
present;the remaining persons present are a quorum
of the committeeforconsideringordecidingtheissue,orforconsideringordeciding whether to give the direction, at
the meeting.(7)Adisclosureundersubsection (2)mustberecordedinthecommittee’s minutes.(8)A failure to disclose a material
personal interest does not, ofitself,
invalidate a committee decision.(9)In
this section—material personal interestmeans a direct or indirect interestrelating to the personal affairs of the
member that may have,Current as at [Not applicable]Page
301
Crime
and Corruption Act 2001Chapter 6 Administration[s
290]or be seen to have, a significant influence
on the conduct ofthe member at the meeting.Notauthorised—indicativeonly290Minutes(1)The reference committee must
keep—(a)minutes of its meetings; and(b)a record of any resolutions made under
section 288(6).(2)Subsection (3)appliesifaresolutionispassedatacommission meeting by a majority of
the members present.(3)If asked by a
member who voted against the passing of theresolution, the
commission must record in the minutes of themeeting that the
member voted against the resolution.Part 3Parliamentary Crime andCorruption
CommitteeDivision 1Establishment of
parliamentarycommittee291Establishment of parliamentary
committeeAcommitteeoftheLegislativeAssemblycalledtheParliamentaryCrimeandCorruptionCommitteeisestablished.Division 2Functions292FunctionsThe
parliamentary committee has the following functions—(a)tomonitorandreviewtheperformanceofthecommission’s functions;Page
302Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
292](b)to report to the Legislative Assembly,
commenting as itconsiders appropriate, on either of the
following mattersthecommitteeconsidersshouldbebroughttotheAssembly’s attention—(i)matters relevant to the
commission;(ii)mattersrelevanttotheperformanceofthecommission’sfunctionsortheexerciseofthecommission’s
powers;(c)to examine the commission’s annual
report and its otherreports and report to the Legislative
Assembly on anymatter appearing in or arising out of the
reports;(d)toreportonanymatterrelevanttothecommission’sfunctionsthatisreferredtoitbytheLegislativeAssembly;(e)to participate in the selection of
commissioners and thechief executive officer, and the
removal from office of acommissioner or the chief executive
officer, as providedunder this Act;(f)to
review the activities of the commission by 30 June2016, and by the end of each 5-year period
followingthat day, and, for each review, to table in
the LegislativeAssembly a report about any further action
that shouldbe taken in relation to this Act or the
functions, powersand operations of the commission;(g)to periodically review the structure
of the commission,includingtherelationshipbetweenthetypesofcommissionersandtheroles,functionsandpowersofthe
commission, the chairperson and the chief executiveofficer, and, for each review, to table in
the LegislativeAssemblyareportaboutthereview,includinganyrecommendations about changes to the
Act;(h)toissueguidelinesandgivedirectionstothecommission as provided under this
Act.Current as at [Not applicable]Page
303
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 293]Division 3Powers293Powers(1)The
parliamentary committee has power to call for persons,documents and other things.Note—See also
theParliament of Queensland Act 2001,
chapter 3, part 1 forother powers of the committee to
require attendance and production ofdocuments or
other things.(2)Also, the parliamentary committee has
the power—(a)necessary to enable the committee to
properly performits functions, including power to appoint
persons havingspecialknowledgeorskilltohelpthecommitteeperform its
functions; and(b)conferredonitbyresolutionoftheLegislativeAssembly with a
view to the proper performance by thecommittee of its
functions.(3)Further, the parliamentary committee
or a person appointed,engagedorassignedtohelptheparliamentarycommitteemay—(a)inspectanynon-operationalrecordorthinginthecommission’s possession; and(b)make copies or extracts of the record
or thing for use inconnectionwiththeparliamentarycommittee’sfunctions to
which the record or thing is relevant.(4)In
this section—non-operational record or thingdoes
not include a record orthing that relates to an investigation
by the commission that isnot finalised.Page 304Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
294]294Directions by parliamentary committee
to undertakeinvestigation(1)Theparliamentarycommitteemay,bynotice,directthecommissiontoinvestigateamatterfallingwithinthecommission’s corruption functions stated in
the notice.(2)A direction under subsection (1) is
effective only if it is madewith the
bipartisan support of the parliamentary committee.(3)The commission must—(a)investigate the matters stated in the
direction diligentlyand in a way reasonably expected of a
law enforcementagency; and(b)report the results of its investigation to
the committee.295Referral of concerns by parliamentary
committee(1)This section applies if the
parliamentary committee—(a)receives a
complaint, or has other concerns (includingconcerns arising
out of a recommendation made by theparliamentarycommissioner),abouttheconductoractivities of the commission or a commission
officer; or(b)isnotifiedbythechairperson,deputychairpersonorchiefexecutiveofficerofconductofacommissionofficer that the
chairperson, deputy chairperson or chiefexecutiveofficersuspectsinvolves,ormayinvolve,improper
conduct.Note—Seesection 329forthedutiestonotifytheparliamentarycommitteeofconductofcommissionofficerssuspectedtoinvolve, or may involve, improper
conduct.(2)Ifthecommitteedecidestotakeactiononthecomplaint,concern or
notification (thematter), the committee
may do 1or more of the following—(a)ask the commission to give a report on
the matter to thecommittee;Current as at
[Not applicable]Page 305
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 296](b)ask the commission to investigate and
give a report onthe matter to the committee;(c)askthepoliceserviceoranotherlawenforcementagency to
investigate and give a report on the matter tothe
committee;(d)ask the parliamentary commissioner to
investigate andgive a report on the matter to the
committee;(e)refer the matter to the director of
public prosecutions;(f)take other
action the committee considers appropriate.(3)A
decision under subsection (2) is effective only if it is
madewith the bipartisan support of the
parliamentary committee.(4)The commission,
police service, parliamentary commissioneror another
investigative agency must investigate and report onmatters as asked by the committee.296Guidelines on operation of
commission(1)Theparliamentarycommitteemayissueguidelinestothecommissionabouttheconductandactivitiesofthecommission.(2)Before issuing a guideline, the committee
must consult withthe commission on the proposed
guideline.(3)The committee may issue a guideline
only with the bipartisansupport of the parliamentary
committee.(4)The commission must comply with the
guidelines.297Guidelines to be tabled(1)Thechairpersonoftheparliamentarycommitteemusttableeachguidelineissuedundersection 296intheLegislativeAssemblywithin14sittingdaysafteritisissuedtothecommission.(2)Ifaguidelineisnottabledundersubsection
(1),itstopshaving
effect.Page 306Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
298]298Disallowance of guideline(1)The Legislative Assembly may pass a
resolution disallowing aguideline under section 296 if notice
of a disallowance motionis given by a member within 14 sitting
days after the guidelineis tabled in the Legislative
Assembly.(2)On the day set down for its
consideration under the standingrulesandordersoftheLegislativeAssembly,theSpeakermust put the
question that the Legislative Assembly resolve todisallow the guideline.(3)If
the resolution is passed, the guideline stops having effect.299Limited saving of operation of
guideline that ceases tohave effectThefactthataguidelinestopshavingeffectundersection
297(2)or298(3)doesnotaffectanythingdoneorsuffered under the guideline before it
stopped having effect.Division 4Membership300Membership of parliamentary committee(1)Theparliamentarycommitteemustconsistof7membersnominated as follows—(a)4
members nominated by the Leader of the House;(b)3
members nominated by the Leader of the Opposition.(2)The chairperson of the parliamentary
committee must be themembernominatedaschairpersonbytheLeaderoftheHouse.301Membership of parliamentary committee
continuesdespite dissolution(1)Despitesection
300,fromthedissolutionoftheLegislativeAssembly,theparliamentarycommitteeconsistsofitsmembers immediately before the
dissolution.Current as at [Not applicable]Page
307
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 302](2)A member under subsection (1)
continues to be a member ofthe
parliamentary committee until whichever of the followingfirst happens—(a)the
member resigns by notice given to the clerk of theParliament;(b)the
member dies;(c)thereturningofficerfortheelectoraldistrictinwhichthememberwasnominatedasacandidatefortheelection notifies the electoral
commission that a personother than the member has been elected
for the electoraldistrict;(d)freshmembersareappointedbytheLegislativeAssembly.(3)Ifamemberstopsbeingamemberoftheparliamentarycommittee under
subsection (2)(c), the person recognised asthe leader of
the political party that nominated the member tothe
committee may nominate another person as a member ofthecommitteeuntilfreshmembersareappointedbytheLegislative Assembly.Division 5Meetings302Quorum and voting at meetings of
parliamentarycommitteeAt a meeting of
the parliamentary committee—(a)aquorumconsistsof4membersappointedtothecommittee; and(b)a
question is decided by a majority of the votes of themembers of the committee present and voting;
and(c)eachmemberofthecommitteehasavoteoneachquestion to be
decided and, if the votes are equal, thechairperson of
the committee has a casting vote.Page 308Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
302A]302AMeetings of parliamentary committee
generally to be heldin public(1)Ameetingoftheparliamentarycommitteemustbeheldinpublic.(2)However,theparliamentarycommitteemaydecidethatameetingorapartofameetingbeheldinprivateifthecommitteeconsidersitisnecessarytoavoidthedisclosureof—(a)confidential information or
information the disclosure ofwhich would be
contrary to the public interest; or(b)informationaboutacomplaintaboutcorruptconductdealt with, or being dealt with, by the
commission; or(c)informationaboutaninvestigationoroperationconducted,orbeingconducted,bythecommissionintheperformanceofitscrimefunction,corruptionfunctions or
intelligence function.Note—The standing
rules and orders of the Legislative Assembly provide forwho
may attend a public or private meeting of the committee—seestanding order 207.Part 4Parliamentary crime andcorruption
commissionerDivision 1Establishment of
office ofparliamentary commissioner303Office of parliamentary crime and
corruptioncommissioner(1)There must be appointed a commissioner to be
known as theparliamentary crime and corruption
commissioner.(2)TheparliamentarycommissionerisanofficeroftheParliament.Current as at
[Not applicable]Page 309
Crime
and Corruption Act 2001Chapter 6 Administration[s
304]Division 2Provisions about
appointmentNotauthorised—indicativeonly304Qualification for
appointment as parliamentarycommissionerApersonisqualifiedforappointmentastheparliamentarycommissioner if
the person has served as, or is qualified forappointment as,
a judge of—(a)the Supreme Court of Queensland;
or(b)the Supreme Court of another State;
or(c)the High Court of Australia; or(d)the Federal Court of Australia.305Disqualifications as parliamentary
commissioner(1)Anineligiblepersoncannotbeappointedastheparliamentary commissioner.(2)An ineligible person, other than a
person who is an ineligiblepersononlybecausethepersonholdsofficeastheparliamentarycommissioner,cannotcontinueastheparliamentary commissioner.(3)In this section—ineligible
personincludes a commission officer.306Selection for appointment of
parliamentarycommissioner(1)The
Speaker must advertise nationally for applications fromsuitably qualified persons to be considered
for selection as theparliamentary commissioner.(2)Subsection (1)doesnotapplytothereappointmentofaperson as the parliamentary
commissioner.(3)TheSpeakermayappointapersonastheparliamentarycommissioneronlyiftheappointmentismadewiththebipartisan support of the
parliamentary committee.Page 310Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
307]307Appointment of parliamentary
commissioner(1)TheparliamentarycommissionermustbeappointedbytheSpeaker as an officer of the
parliamentary service under theParliamentary
Service Act 1988.(2)However—(a)the parliamentary commissioner can not
be dismissed orsuspendedwithoutthebipartisansupportoftheparliamentary
committee; and(b)theParliamentary
Service Act 1988, sections 43 and 44donotapplytothepositionofparliamentarycommissioner.(3)Within7sittingdaysaftertheappointmentoftheparliamentarycommissioner,theSpeakermusttableintheLegislative Assembly notice of the
appointment.308Acting parliamentary
commissioner(1)The Speaker may appoint a person
qualified to be appointedas the parliamentary commissioner to
act as the parliamentarycommissioner—(a)during a vacancy in the office; or(b)duringanyperiod,orallperiods,whentheparliamentary commissioner is absent
from duty or fromtheStateor,foranotherreason,cannotperformtheduties of the office.(2)Apersonmaybeappointedtoactastheparliamentarycommissioneronlyiftheappointmentismadewiththebipartisan support of the
parliamentary committee.309Duration of
parliamentary commissioner’s appointment(1)The
parliamentary commissioner holds office for the term, notlessthan2yearsandnolongerthan5years,statedintheinstrument of
the parliamentary commissioner’s appointment.Current as at
[Not applicable]Page 311
Crime
and Corruption Act 2001Chapter 6 Administration[s
310](2)Theparliamentarycommissionermustnotholdofficeformore than 5 years in total.(3)Subsection (2) has effect despite
theActsInterpretationAct1954, section
25(1)(c).Notauthorised—indicativeonly310Terms of
parliamentary commissioner’s appointment(1)Appointmentastheparliamentarycommissionerisonapart-time
basis.(2)Theparliamentarycommissioneristobepaidtheremuneration and allowances decided by
the Speaker.(3)To the extent that the parliamentary
commissioner’s terms andconditions are not provided for by
this Act, the parliamentarycommissionerholdsofficeonthetermsandconditionsdecided by the
Speaker.311ResignationThe
parliamentary commissioner may resign by signed noticegiven to the Speaker.312Termination of appointment(1)The Governor in Council may terminate
the appointment oftheparliamentarycommissioneriftheparliamentarycommissioner—(a)is
or becomes incapable of satisfactorily performing theparliamentary commissioner’s duties;
or(b)is guilty of conduct that could
warrant dismissal fromthepublicserviceiftheparliamentarycommissionerwere a public
service officer.(2)TheGovernorincouncilmayterminatetheappointmentofthe
parliamentary commissioner if—(a)arecommendationtotheLegislativeAssemblytoterminatetheappointmentis madewiththebipartisansupport of the
parliamentary committee; andPage 312Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
313](b)theLegislativeAssembly,byresolution,approvesthetermination of the appointment.(3)The office of the parliamentary
commissioner is vacated if theparliamentary
commissioner becomes an ineligible person forareasonotherthanholdingofficeastheparliamentarycommissioner.(4)In
this section—ineligible personincludes a
commission officer.313Oath of parliamentary
commissioner(1)Beforeenteringontheperformanceoffunctionsasparliamentary commissioner, the commissioner
must take anoath that he or she—(a)will
faithfully and impartially perform the functions ofthe
office; and(b)will not, except as provided under
this Act, disclose anyinformation received under this
Act.(2)The oath is to be administered by the
Speaker.Division 3Functions and
support314Functions of parliamentary
commissioner(1)Theparliamentarycommissionerhasthefunctionsgiventothe parliamentary commissioner under
this or another Act.(2)Theparliamentarycommissionerhasthefunctions,asrequiredbytheparliamentarycommittee,todothefollowing—(a)auditrecordskeptbythecommissionandoperationalfiles and
accompanying documentary material held bythe commission,
including current sensitive operations,including for
the purpose of deciding the following—Current as at
[Not applicable]Page 313
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 314](i)whether the commission has exercised
power in anappropriate way;(ii)whethermattersunderinvestigationareappropriateforinvestigationbytheentityinvestigatingoraremoreappropriatelytheresponsibility of another entity;(iii)whether
registers are up to date and complete andallrequireddocumentationisonthefileandcorrectly noted on the
registers;(iv)whether required
authorisations for the exercise ofpower have been
obtained;(v)whether any policy or procedural
guidelines set bythe commission have been strictly complied
with;(b)investigate, including by accessing
operational files ofthe commission to which the
parliamentary committeeis denied access, complaints made
against, or concernsexpressed about, the conduct or
activities of—(i)the commission; or(ii)a
commission officer;(c)independentlyinvestigateallegationsofpossibleunauthorised
disclosure of information or other materialthat, under this
Act, is confidential;(d)inspecttheregisterofconfidentialinformationkeptunder section 67 to verify the commission’s
reasons forwithholdinginformationfromtheparliamentarycommittee;(e)reviewreportsgivenbythecommissiontotheparliamentarycommitteetoverifytheiraccuracyandcompleteness, particularly in relation to an
operationalmatter;(f)report, and make recommendations, to the
parliamentarycommitteeontheresultsofperformingthefunctionsmentioned in
paragraphs (a) to (e);Page 314Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
314](g)performotherfunctionstheparliamentarycommitteeconsiders necessary or desirable.(3)Arequirementundersubsection (2)iseffectiveonlyifitismadewiththebipartisansupportoftheparliamentarycommittee.(4)Theparliamentarycommissioneralsohasthefunctiontoinvestigate on his or her own
initiative a matter mentioned insubsection
(2)(b)or(c),oramatternotifiedtotheparliamentary
commissioner under section 329, if—(a)thematterrelatestoconductofacommissionofficerthat
involves or may involve corrupt conduct; and(b)theparliamentarycommissionerissatisfied,onreasonable grounds—(i)the
commission has not adequately dealt with thematter;
or(ii)the commission
may not adequately deal with thematter;
or(iii)it is in the
public interest.(5)The parliamentary commissioner may
conduct a preliminaryassessmentofamattertodecidewhethersubsection (4)(a)and (b) is
satisfied for the matter.(6)Theparliamentarycommissionermayexercisethepowersunder section
317, but not the powers under section 318, for apreliminary assessment under subsection
(5).(7)Iftheparliamentarycommissionerdecidestoinvestigateamatterundersubsection (4)orconductapreliminaryassessmentundersubsection (5),theparliamentarycommissioner
must notify the parliamentary committee of thedecision.Current as at [Not applicable]Page
315
Crime
and Corruption Act 2001Chapter 6 Administration[s
314A]Notauthorised—indicativeonly314ARecommendation or
referral arising from investigationconducted on
parliamentary commissioner’s owninitiative(1)Thissectionappliesiftheparliamentarycommissionerinvestigates a
matter under section 314(4).(2)If,
from information obtained in conducting the investigation,theparliamentarycommissionerdecidesthatprosecutionproceedingsforanoffenceshouldbeconsidered,theparliamentarycommissionermayreferthemattertothedirectorofpublicprosecutions,orotherappropriateprosecutingauthority,forthepurposesofanyprosecutionproceedingsthedirectororotherauthorityconsiderswarranted.(3)If
the matter involved conduct of a commission officer, theparliamentary commissioner may—(a)forconductofacommissionerorthechiefexecutiveofficer—make a recommendation to the
Minister or theparliamentarycommitteethattheMinisterorparliamentary committee consider whether
disciplinaryaction should be taken against the
commissioner or chiefexecutive officer; or(b)forconductofanothercommissionofficer—makearecommendation to the chief executive
officer that thechiefexecutiveofficerconsiderwhetherdisciplinaryaction should be
taken against the officer.(4)Theparliamentarycommissionermustnotincludeinareferralundersubsection (2)orarecommendationundersubsection (3)—(a)any
statement that a person has engaged, is engaging oris
about to engage in conduct that constitutes a criminaloffence or disciplinary breach; or(b)any opinion or recommendation that a
person should beprosecutedforacriminaloffenceorbethesubjectofdisciplinary action or further disciplinary
action.(5)The parliamentary commissioner may
give a copy of a referralundersubsection
(2)orarecommendationunderPage
316Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
314B]subsection (3),oranextractfromthereferralorrecommendation, to the Speaker for tabling
in the LegislativeAssembly if, and only if—(a)theparliamentarycommissionerissatisfiedofthefollowing—(i)the
referral or recommendation relates to a case ofserious corrupt
conduct;(ii)thereferralorrecommendationhasnotbeenadequately dealt
with;(iii)tabling the
referral or recommendation, or extract,is in the public
interest; and(b)thepersontowhomthereferralorrecommendationrelateshasbeenaffordedproceduralfairnessforthedisclosure of
the referral or recommendation.(6)The
Speaker must table in the Legislative Assembly a copy of,or
extract from, a referral or recommendation within 7 daysaftertheSpeakerreceivesthecopyorextractundersubsection (5).(7)In
this section—disciplinaryaction,foracommissionofficer,meansanyaction of a disciplinary nature permitted to
be taken againstthe officer under this Act, another law or
the officer’s terms ofemploymentorengagement,including,forexample,terminatingtheofficer’sappointment,employmentorengagement under this Act.Note—See chapter 6,
part 1, division 9 in relation to disciplinary action
againstsenior officers and commission staff and
agents.314BReport on investigation conducted on
parliamentarycommissioner’s own initiative(1)Thissectionappliesiftheparliamentarycommissionerinvestigates a
matter under section 314(4).(2)The
parliamentary commissioner must—Current as at
[Not applicable]Page 317
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 314B](a)report to the parliamentary committee
on the results ofthe investigation; and(b)give
a copy of the report to—(i)ifthereportrelatestotheconductofacommissionerorthechiefexecutiveofficer—theMinister;
or(ii)otherwise—the
chief executive officer.(3)Theparliamentarycommissionermustincludeinthereportinformation
about—(a)areferralmadebytheparliamentarycommissionerunder section
314A(2); or(b)arecommendationmadebytheparliamentarycommissioner
under section 314A(3).(4)The
parliamentary committee may take action under this Actin
relation to the matter the subject of the report.Note—See,forexample,sections
236(4)(a)and295foractiontheparliamentary committee may take under this
Act.(5)TheparliamentarycommitteeortheMinistermaytablethereport,oranextractfromthereport,intheLegislativeAssembly if, and
only if—(a)the committee or Minister is satisfied
of the following—(i)thereportrelatestoacaseofseriouscorruptconduct;(ii)thematterthesubjectofthereporthasnotbeenadequately dealt
with under this Act;(iii)tabling the
report or extract is in the public interest;and(b)ifthetablingofthereportorextractwoulddiscloseinformationadversetoaperson,thepersonhasbeenafforded
procedural fairness for the disclosure.Page 318Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
315]315Administrative and support services
for parliamentarycommissioner(1)Tohelptheparliamentarycommissionerinperformingtheparliamentary commissioner’s functions under
this or anotherAct, by arrangement with the Speaker,
officers or employeesoftheparliamentaryservicemaybeassignedandotheradministrativeandsupportservicesmaybeprovidedtotheparliamentary
commissioner.(2)Ifaskedbytheparliamentarycommittee,theSpeakermayengage legal practitioners and other
suitably qualified personstoprovidetheparliamentarycommissionerwithservices,information or
advice.(3)Beforeapersonfirstactsundersubsection (1)or(2),thepersonmusttakeanoath,tobeadministeredbytheparliamentary commissioner, that the
person will not, exceptas provided under this Act, disclose
any information receivedunder this part while helping the
parliamentary commissioner.316Parliamentary
commissioner can not be required todisclose
particular informationThe parliamentary commissioner can not
be required by theparliamentarycommitteetodisclosetothecommitteeinformationlawfullywithheldfromthecommitteebythecommission under section 66 or
otherwise.Division 4Powers317Powers of the parliamentary
commissioner(1)The parliamentary commissioner has
power to do all thingsnecessaryorconvenientfortheperformanceoftheparliamentary commissioner’s
functions.(2)Fortheperformanceoftheparliamentarycommissioner’sfunctions,theparliamentarycommissionermay,bygivingwritten notice
to the chairperson, require a commission officerto
do 1 or more of the following—Current as at
[Not applicable]Page 319
Crime
and Corruption Act 2001Chapter 6 Administration[s
317]Notauthorised—indicativeonly(a)produce to the
parliamentary commissioner, or allow theparliamentary
commissioner access to, all records, filesand other
documents in the commission’s possession;(b)give
the parliamentary commissioner all reasonable helpinconnectionwiththeparliamentarycommissionerperforming his
or her functions.(3)Also,fortheperformanceoftheparliamentarycommissioner’sfunctions,theparliamentarycommissionermay, by giving
written notice to a public official, require thepublic official to do 1 or more of the
following—(a)produce to the parliamentary
commissioner, or allow theparliamentary commissioner access to,
all records, filesandotherdocumentsinthepossessionoftheunitofpublic administration in which the public
official holdsan appointment;(b)give
the parliamentary commissioner all reasonable helpinconnectionwiththeparliamentarycommissionerperforming his
or her functions.(4)If documents are produced to the
parliamentary commissionerunder this part, the parliamentary
commissioner may—(a)keepthedocumentsfortheperiodtheparliamentarycommissionerconsidersnecessaryfortheproperperformanceoftheparliamentarycommissioner’sfunctions;
or(b)makecopiesorextractsofthedocumentsforuseinconnectionwiththeparliamentarycommissioner’sfunctions to
which the document is relevant.(5)Whiletheparliamentarycommissionerhaspossessionofadocumentundersubsection (4),theparliamentarycommissioner
must permit a person who would be entitled toinspectthedocumentifitwereinthepossessionofthecommission or unit of public
administration to inspect it at allreasonable
times.(6)A person required by a notice under
subsection (2) or (3) to dosomething must
comply with the requirement.Page 320Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
318]Maximum penalty for subsection (6)—85
penalty units or 1year’s imprisonment.(7)Theparliamentarycommissionermaydelegateanyoftheparliamentarycommissioner’spowersunderthePolicePowersandResponsibilitiesAct2000,chapter11or13asinspection entity under that Act to a legal
practitioner engagedby the Speaker under section
315(2).318Parliamentary commissioner may conduct
hearings inlimited circumstances(1)This
section applies if—(a)the parliamentary commissioner has
used all reasonablemeanstoobtaininformationaboutamatterwithoutsuccess; and(b)the
parliamentary commissioner considers it appropriateto
hold a hearing to obtain the information.(2)The
parliamentary commissioner may hold a hearing to obtainthe
information.(3)If the parliamentary commissioner
decides to hold a hearingunderthissection,theparliamentarycommissionermustnotify the parliamentary committee of the
decision.(4)The parliamentary commissioner may, by
notice, require anynamedcommissionofficerorpersonwhoholdsorheldanappointment in a unit of public
administration (theperson) toappear at the hearing to be examined on oath
or to produce adocument or thing.(5)The
person must comply with the notice.Maximumpenalty—85penaltyunitsor1year’simprisonment.(6)The
parliamentary commissioner may administer an oath forthe
purposes of the hearing.(7)The person must
answer a question put to the person by theparliamentarycommissioneratthehearingorproduceaCurrent as at [Not applicable]Page
321
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 319]document or thing if required to do so by
the parliamentarycommissioner.Maximumpenalty—85penaltyunitsor1year’simprisonment.(8)The
person is not entitled—(a)to remain
silent; or(b)torefusetoansweraquestionortofailtogiveananswertotheparliamentarycommissioner’ssatisfaction;
or(c)to fail to produce the document or
thing;because compliance with the notice,
answering the questionorgivingananswertotheparliamentarycommissioner’ssatisfaction, or
producing the document or thing might tend toincriminate the
person.(9)However,iftheperson’sanswerorthedocumentorthingmight tend to
incriminate the person, the answer, document orthing is not
admissible in evidence against the person in a civilor
criminal proceeding, other than—(a)aproceedingforanoffenceaboutthefalsityoftheanswer; or(b)a
disciplinary proceeding started against the person.(10)A hearing under
this section is closed to the public.319Notice may be a confidential document(1)A notice given by the parliamentary
commissioner under thisdivision may provide that it is a
confidential document.(2)Apersonmustnotdisclosetheexistenceofaconfidentialdocument to
anyone else, unless the person has a reasonableexcuse.Maximumpenalty—85penaltyunitsor1year’simprisonment.(3)It
is a reasonable excuse for a person to disclose the
existenceof a confidential document if—Page
322Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
320](a)the disclosure is made—(i)for the purpose of seeking legal
advice in relationtothedocumentoranoffenceagainstsubsection (2);
or(ii)for the purpose
of obtaining information in order tocomply with the
document; or(iii)forthepurposeofmakingacomplainttotheparliamentary committee about the
document; or(iv)in the course of
the administration of this Act; and(b)the
person informs the person to whom the disclosure ismade
that it is an offence to disclose the existence of thedocumenttoanyoneelseunlessthepersonhasareasonable excuse.320Intelligence data review(1)Theparliamentarycommissionermustconductanannualreviewofintelligencedatainthepossessionofthecommission and the police service
(each anagency).(2)The purposes of the review are—(a)toconsiderwhetherintelligencedataheldbyeachagencyisappropriatelyheldbytheagencyhavingregard to the
agency’s functions; and(b)to consider
whether there is unnecessary duplication ofintelligence
data held by the agencies; and(c)toconsiderwhethertheagenciesareworkingcooperatively as
partners to achieve optimal use of—(i)available intelligence data; and(ii)the resources
used to collect, collate or record thedata; and(d)to consider whether an agency is
placing inappropriaterestrictionsonaccesstointelligencedatabytheotheragency.(3)The
parliamentary commissioner—Current as at
[Not applicable]Page 323
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 321](a)mustpreparewrittenadviceonthereviewcontainingtheparliamentarycommissioner’sfindingsandrecommendations,including,ifappropriate,arecommendation about removing a restriction
placed byanagencyonaccesstointelligencedatabytheotheragency; and(b)mustgivetheadvicetothechairpersonofthecommission,thecommissionerofpoliceandtheparliamentary committee; and(c)may authorise the chairperson of the
commission or thecommissionerofpolicetodisclosetheadviceorrelevant parts of the advice to officers of
the agencies fordiscussion and implementation at officer
level.(4)The advice must be prepared in general
terms in a way thatdoesnotdiscloseintelligencedataorotherconfidentialinformation.(5)Theparliamentarycommissionermust,whenpreparingtheadvice, have regard to the need for
the investigation of corruptconducttobeundertakenindependentlyofgenerallawenforcement.(6)A
review must be done as soon as practicable after the end ofeach
financial year, and within 4 months after the end of thefinancial year.Division 5General321Confidentiality obligations not to
apply(1)Anobligationtomaintainsecrecyinrelationto,orthatotherwiserestricts,thedisclosureofinformationortheproduction of documents in the
possession of the commission,a unit of public
administration or a relevant person, whetherimposed under
this or another Act or by a rule of law, does notapply to the disclosure of information or
the production of adocument under this part.(2)In this section—Page 324Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 6 Administration[s
322]relevant personmeans a
person—(a)who is a commission officer; or(b)who is or was a person holding an
appointment in a unitof public administration.Notauthorised—indicativeonly322Commission not entitled to
privilege(1)This section applies in relation
to—(a)an investigation under this part;
and(b)the production of documents or the
giving of evidenceunder this part.(2)The
commission is not entitled to any privilege.(3)Acommissionofficerisnotentitledtoanyprivilege,otherthanlegalprofessionalprivilegerelatingtolegalrepresentation
for the investigation.(4)In this
section—privilegemeans any
privilege of a type allowed by law in legalproceedings.323Parliamentary commissioner’s report subject
toParliamentary privilegeItisdeclaredthatareportpreparedbytheparliamentarycommissioner at
the request of the parliamentary committee isanactdoneforthepurposesoftransactingbusinessofastatutory
committee under theParliament of Queensland Act2001.323AUse of report on investigation
conducted byparliamentary committee or parliamentary
commissioner(1)This section applies if the Minister
or chief executive officerreceivesareportonaninvestigationintotheconductofacommission officer from the
parliamentary committee or theparliamentary
commissioner.Current as at [Not applicable]Page
325
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 323A]Note—See section 314B
in relation to reports given to the Minister or chiefexecutive officer by the parliamentary
commissioner.(2)The report may be used—(a)by the Minister or chief executive
officer for decidingwhethertotakedisciplinaryactionagainstthecommissionofficerthesubjectofthereportandwhatdisciplinary
action should be taken; and(b)foranydisciplinaryproceedingrelatingtothecommission
officer.(3)Thissectionappliesdespitesection 323oranyotherlawproviding for parliamentary privilege in
relation to the report.(4)In this
section—disciplinaryaction,foracommissionofficer,meansanyaction of a disciplinary nature permitted to
be taken againstthe officer under this Act, another law or
the officer’s terms ofemploymentorengagement,including,forexample,terminatingtheperson’sappointment,employmentorengagement under this Act.Note—See chapter 6,
part 1, division 9 in relation to disciplinary action
againstsenior officers and commission staff and
agents.disciplinaryproceeding,relatingtoacommissionofficer,means—(a)aproceedingfortakingdisciplinaryactionagainsttheofficer; or(b)aproceedingforthereviewof,orappealagainst,disciplinary action taken against the
officer; or(c)a proceeding involving a claim for a
remedy relating todisciplinary action taken against the
officer.Page 326Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
5Crime and Corruption Act 2001Chapter 6 Administration[s 324]Public interest monitorDivision 1Appointment of public interestmonitor324Public interest monitor(1)TheGovernorinCouncilmayappointaperson(thepublicinterest
monitor) to monitor applications for, and the use
of,surveillance warrants and covert search
warrants.(2)The Governor in Council may also
appoint as many deputypublic interest monitors as the
Minister considers necessary.(3)TheGovernorinCouncilmay,intheappointment,fixtheterms and conditions of the
appointment.(4)A monitor is to be appointed under
this Act, and not under thePublic Service
Act 2008.(5)A monitor must
not be a person who is, or who is a memberof,orwhoisemployedinorbyortoassist,anyofthefollowing—(a)the
principal commissioner under theFamily and
ChildCommission Act 2014;(b)the commission;(c)the
director of public prosecutions;(d)the
office of the director of public prosecutions;(e)the
police service.325Acting monitor(1)The
Governor in Council may appoint a person qualified to beappointed as the public interest monitor to
act as the publicinterest monitor—(a)during a vacancy in the office; orCurrent as at [Not applicable]Page
327
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 6 Administration[s 326](b)duringanyperiod,orallperiods,whenthepublicinterest monitor
is absent from duty or from the State or,foranotherreason,cannotperformthedutiesoftheoffice.(2)The
Governor in Council may appoint a person qualified to beappointedasadeputypublicinterestmonitortoactasadeputy public interest monitor—(a)during a vacancy in the office;
or(b)during any period, or all periods,
when a deputy publicinterest monitor is absent from duty
or from the State or,foranotherreason,cannotperformthedutiesoftheoffice.Division 2Functions326Monitor’s functions(1)Thepublicinterestmonitorhasthefollowingfunctionsforsurveillance warrants and covert
search warrants—(a)to monitor compliance by the
commission with this Actinrelationtomattersconcerningapplicationsforsurveillance warrants and covert search
warrants;(b)to appear at any hearing of an
application to a SupremeCourt judge or a magistrate for a
surveillance warrant orcovertsearchwarranttotestthevalidityoftheapplication, and for that purpose at
the hearing—(i)to ask questions of the applicant and
to examine orcross-examine any witness; and(ii)tomakesubmissionsontheappropriatenessofgranting the application; and(c)togatherstatisticalinformationabouttheuseandeffectiveness of surveillance warrants and
covert searchwarrants;Page 328Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 6 Administration[s
327](d)wheneverthepublicinterestmonitorconsidersitappropriate—togivetothecommissionandtheparliamentary committee a report on
noncompliance bythe commission with this Act.(2)Subjecttothedirectionofthepublicinterestmonitor,adeputy public interest monitor has the
functions mentioned insubsection (1)(a), (b) and (c).327Minister’s guidelinesTheMinistermayissueguidelinesabouthowthepublicinterestmonitoranddeputypublicinterestmonitoraretoperform their
functions.Division 3General328Monitor’s annual report(1)As soon as practicable after the end
of each financial year, butwithin 4 months
after the end of the financial year, the publicinterestmonitormustprepareandgivetotheMinisterawritten report on the use of surveillance
warrants and covertsearch warrants for the previous
year.(2)The Minister must table a copy of the
report in the LegislativeAssembly within 14 sitting days after
receiving the report.(3)The annual
report must not contain information that—(a)discloses or may lead to the disclosure of
the identity ofanypersonwhohasbeen,isbeing,oristobe,investigated; or(b)indicates a particular investigation has
been, is being, oris to be conducted.(4)The
public interest monitor’s report may form part of anotherannual report the monitor is required to
prepare under anotherAct.Current as at
[Not applicable]Page 329
Crime
and Corruption Act 2001Chapter 7 General[s 329]Chapter 7GeneralNotauthorised—indicativeonly329Duty to notify
the parliamentary committee and theparliamentary
commissioner of improper conduct(1)The
person mentioned in column 1 of the following table (thenotifier)mustnotifytheparliamentarycommitteeandtheparliamentarycommissionerofallconductofapersonmentioned
opposite the notifier in column 2 of the table thatthenotifiersuspectsinvolves,ormayinvolve,improperconduct.Column 1Column 2chairpersoncommissioner
other than thechairpersonchief executive
officerdeputy chairpersonchairpersonchief executive
officercommission officer otherthan a
commissioner or thechief executive officer(2)A
notification under subsection (1) must be given in the wayand
within the time required by the parliamentary committeeor
parliamentary commissioner.(3)Informingasuspicionforsubsection (1)inrelationtotheconduct of a person, the notifier must
disregard the intentionof the person in engaging in the
conduct.(4)In this section—improper
conduct, of a person, means—(a)disgraceful or improper conduct in an
official capacity;or(b)disgracefulorimproperconductinaprivatecapacitythat reflects
seriously and adversely on the commission;orPage
330Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 7 General[s 330](c)conduct that would, if the person were
an officer in aunit of public administration, be corrupt
conduct; or(d)disclosureofconfidentialinformationwithouttherequiredauthorisation,whetherornotthedisclosurecontravenes an
Act; or(e)failure to ensure—(i)a
register kept by the commission under an Act isup to date and
complete; or(ii)all required
documentation is on a file kept by thecommission and
correctly noted on a register keptby the
commission under an Act; or(f)exerciseofapowerwithoutobtainingtherequiredauthorisation,
whether inadvertently or deliberately; or(g)noncompliance with a policy or procedural
guideline setbythecommission,whetherinadvertentlyordeliberately, that is not of a minor or
trivial nature; or(h)exercise of a power conferred on the
person under thisor another Act in a way that is an abuse of
the power.330Persons subject to criminal history
check(1)A person can not be appointed as a
commission officer, theparliamentary commissioner or a
monitor if the person doesnot consent to a criminal history
check.(2)Also,apersoncannotbeassignedtotheparliamentarycommissionerifthepersondoesnotconsenttoacriminalhistory
check.(3)TheCriminalLaw(RehabilitationofOffenders)Act1986,sections 6, 8 and 9, do not apply in
relation to the appointmentof a commission
officer.Current as at [Not applicable]Page
331
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 7 General[s 331]331Effect of pending proceedings(1)The commission may do any or all of
the following, despiteanyproceedingthatmaybeinorbeforeacourt,tribunal,warden, coroner, magistrate, justice or
other person—(a)commence,continue,discontinueorcompleteaninvestigationorhearingoranypartoraspectoftheinvestigation or hearing;(b)give a report in relation to the
investigation or hearing orany part or
aspect of the investigation or hearing;(c)anactorthingthatisnecessaryorexpedientforapurpose mentioned in paragraph (a) or
(b).(2)If the proceeding is a proceeding for
an indictable offence andisconductedbyorfortheState,thecommissionmust,iffailure to do so might prejudice the
accused’s right to a fairtrial, do 1 or more of the
following—(a)conductanyhearingrelatingtoaninvestigationasaclosed hearing during the currency of
the proceeding;(b)give a direction under section 202 to
have effect duringthe currency of the proceeding;(c)make an order under section
180(3).(3)Thissectionhaseffectwhetherornottheproceedingcommencedbeforeorafterthecommission’sinvestigationstartedandhaseffectwhetherornotthecommissionoracommission officer is a party to the
proceeding.(4)To remove any doubt, it is declared
that—(a)aproceedingforacriminaloffenceisinorbeforeacourt from the moment the charge is laid for
the offence;and(b)undersubsection (1),thecommissionmay,fortheinvestigation or
hearing, require a person or witness toanswer a
question, or produce a document or thing, thatis relevant to a
proceeding brought against the person orwitness for a
criminal offence.Page 332Current as at
[Not applicable]
Crime
and Corruption Act 2001Chapter 7 General[s 332]Example for paragraph (b)—The
commission may require a person to attend a commissionhearing to answer a question about a matter
relating to a criminaloffence for which the person has been
charged.Notauthorised—indicativeonly332Judicial review of commission’s
activities in relation tocorrupt conduct(1)A
person who claims—(a)that a commission investigation into
corrupt conduct isbeing conducted unfairly; or(b)thatthecomplaintorinformationonwhichacommission investigation into corrupt
conduct is being,orisabouttobe,conducteddoesnotwarrantaninvestigation;may apply to a
Supreme Court judge for an order in the natureofamandatoryorrestrictiveinjunctionaddressedtothecommission.(2)Thejudgemay,onthecommission’sapplication,hearsubmissions from the commission relating to
the investigationin the absence of the person or the person’s
lawyer.(3)If an application (thecosts application) is made to the
courtbyaperson(thecostsapplicant)whohasappliedundersubsection (1),
the court may order that—(a)the commission
indemnify the costs applicant for costsproperlyincurredintheinjunctionproceeding,onthestandard basis, from the time the
costs application wasmade; or(b)a
party to the injunction proceeding is to bear only thatparty’s own costs of that proceeding,
regardless of theoutcome.(4)Inconsideringthecostsapplication,thecourtmusthaveregard
to—(a)the financial resources of—(i)the costs applicant; orCurrent as at [Not applicable]Page
333
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 7 General[s 332](ii)any person
associated with the costs applicant whohasaninterestintheoutcomeoftheinjunctionproceeding;
and(b)whether the injunction proceeding
involves an issue thataffects, or may affect, the public
interest, in addition toany personal right or interest of the
costs applicant; and(c)whethertheinjunctionproceedingdisclosesareasonablebasisfortheapplicationundersubsection (1).(5)Thecourtmay,atanytime,onitsowninitiativeorontheapplication of
the costs applicant or the commission, revokeor vary, or
suspend the operation of, an order made by it underthis
section after having regard to—(a)any
conduct of the costs applicant, including a failure todiligently prosecute the injunction
proceeding; or(b)any significant change affecting the
matters mentionedin subsection (4).(6)Subjecttothissection,therulesofcourtapplyingtotheawardingofcostsapplytotheawardingofcostsfortheinjunction proceeding.(7)An appeal may be brought from an order
under subsection (3)or (5) to the Court of Appeal, but
only with the leave of thatcourt.(8)Anapplicationunderthissectionistobeheardinclosedcourt.(9)In this section—commissioninvestigationintocorruptconductincludesaninvestigation of a matter mentioned in
section 33(2).injunctionproceedingmeansanapplicationundersubsection (1) and a proceeding on the
application.Page 334Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 7 General[s 333]333Effect of further factors on
order(1)An order made on an application under
section 332 does notprevent or inhibit the conduct of the
investigation in questioniftherehaveemergedfurtherfactorsinlightofwhichtheorder appears to be unjustified.(2)If there have emerged further factors
that put in question theappropriateness of the order, a
Supreme Court judge may, onthecommission’sapplication,revoketheorder,orvaryitsterms as the judge considers
appropriate.(3)An application under subsection (2) is
to be heard in closedcourt.334Application under s 332(1)Ifthejudgewhohearsanapplicationundersection 332issatisfied as to the matter claimed by the
applicant, the judgemay, by order—(a)requiretheseniorexecutiveofficer(corruption)toconduct the investigation in question in
accordance withguidelines specified in the order; or(b)direct the senior executive officer
(corruption) to stop ornotproceedwithaninvestigationonthecomplaintorinformation to which the application
relates.(2)In proceedings on an application under
section 332, made onthe ground that information or a
complaint does not warrantaninvestigation,theapplicantisnotentitledtobegivenparticulars of
the information or complaint or of the source ofthe
information or complaint.(3)Ajudgehearinganapplicationundersection 332,ontheground that information or a complaint
does not warrant aninvestigation, may take or receive, in
closed court, evidencefrom the commission on the basis for
the investigation.(4)The applicant and any person
representing the applicant mustnot be present
while evidence is being taken or received undersubsection
(3).Current as at [Not applicable]Page
335
Crime
and Corruption Act 2001Chapter 7 General[s 335](5)Evidencetakenorreceivedbyacourtundersubsection (3)must not be
published or disclosed outside the court.Notauthorised—indicativeonly335Protection of
officials and others from liability(1)This
section applies to each of the following entities (each aprotected entity)—(a)the commission;(b)a
person who is—(i)a commission officer; or(ii)apersonactingunderthedirectionofacommission officer;(c)apersonwhowasapersonofatypementionedinparagraph (b) at the time the person
engaged in conductin an official capacity.(2)A
protected entity does not incur civil liability for
engaging,orfortheresultofengaging,inconductinanofficialcapacity.(3)Ifsubsection(2)preventsliabilityattachingtoaprotectedentity, the
liability attaches instead to the State.(4)If
liability attaches to the State under subsection (3), the
Statemay recover contribution from the protected
entity but only ifthe conduct was engaged in—(a)other than in good faith; and(b)with gross negligence.(5)In a proceeding under subsection (4)
to recover contribution,the amount of contribution recoverable
is the amount found bythe court to be just and equitable in
the circumstances.(6)In a proceeding for defamation, there
is a defence of absoluteprivilegeforapublicationtoorbythecommissionoracommissionofficermadeforthepurposeofperformingthecommission’s functions.(7)In
this section—Page 336Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 7 General[s 335]civilliability,ofaprotectedentityforengaging,orfortheresult of
engaging, in conduct in an official capacity, meansliability of any type for the payment of an
amount by the entitybecause of—(a)a
claim based in tort, contract or another form of actioninrelationtotheconductorresult,including,forexample, breach of statutory duty or
defamation and, forafatalinjury,includesaclaimforthedeceased’sdependants or
estate; or(b)acomplaintmadeunderalawthatprovidesapersonmaycomplainabouttheconductorresulttoanentityestablishedunderthelaw,otherthanacomplainttostartcriminalproceedings,including,forexample,acomplaint under the Justices Act 1886;
or(c)an order of a court to pay costs
relating to a proceedingfor an offence against a law in
relation to the conduct orresult, unless the proceeding was for
an offence by theprotected entity.Examples of
types of liability—•aliabilitybecauseofanagreementoranorderundertheAnti-DiscriminationAct1991ortheAustralianHumanRightsCommission Act
1986 (Cwlth) requiring payment of an amount to acomplainant (however described) under the
Act•a liability because of an obligation
under an agreement to settle aproceeding, or
an order of a court or tribunal, to do something thatinvolvespayinganamount,includinganobligationtorectifydamage to a
building or to publish an apology in a newspaperconductmeans an act or
an omission to perform an act.engage in
conduct in an official capacitymeansengageinconduct as part of, or otherwise in
connection with, an entity’sfunction or role
as a protected entity, including, for example,engaging in
conduct under or purportedly under this Act.Current as at
[Not applicable]Page 337
Crime
and Corruption Act 2001Chapter 7 General[s 336]Notauthorised—indicativeonly336Protection of
parliamentary commissioner and officersetc.(1)A parliamentary commissioner officer
is not civilly liable foranactdone,oromissionmade,honestlyandwithoutnegligence under
this Act.(2)Nocivilorcriminalproceedingsmaybebroughtagainstaparliamentary commissioner officer for
an act mentioned insubsection (1) without the leave of the
Supreme Court.(3)The Supreme Court may give leave under
subsection (2) onlyifsatisfiedthereissubstantialgroundforclaimingthattheperson to be proceeded against has not
acted honestly or hasacted negligently.(4)Ifsubsection (1)preventsacivilliabilityattachingtoaparliamentarycommissionerofficer,theliabilityattachesinstead to the State.(5)Aparliamentarycommissionerofficermaynotbecalledtogive
evidence or produce any document in any court, or in anyjudicial proceedings, in relation to any
matter coming to theofficer’sknowledgewhileperformingfunctionsunderthisAct.(6)In a
proceeding for defamation, there is a defence of absoluteprivilegeforapublicationtoorbytheparliamentarycommissionermadeforthepurposeofperformingtheparliamentary commissioner’s functions under
this Act.(7)This section does not limit protection
given to a person underanother provision of this Act.(8)In this section—parliamentary
commissioner officermeans a person who isor
was—(a)the parliamentary commissioner;
or(b)anofficeroremployeeoftheparliamentaryserviceassigned to the parliamentary commissioner;
or(c)apersonengagedtoprovidetheparliamentarycommissioner
with services, information or advice.Page 338Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 7 General[s 337]337Protection from liability(1)The public interest monitor or a
deputy public interest monitordoesnotincurcivilliabilityforanactdone,oromissionmade, honestly
and without negligence under this Act.(2)Ifsubsection (1)preventsacivilliabilityattachingtothepublic interest monitor or a deputy
public interest monitor, theliability
attaches instead to the State.338Protection of witnesses etc.(1)This section applies if it appears to
the commission the safetyof a person may be at risk or the
person may be subject tointimidation or harassment because the
person—(a)ishelpingorhashelpedthecommissionintheperformance of its functions;
or(b)is to attend, is attending or has
attended at a commissionhearing to give evidence or to produce
a document orthing; or(c)proposestoproduceorhasproducedadocumentorthing to the commission otherwise than at a
commissionhearing.(2)Thecommissionmay,withtheperson’sconsent,providewitness
protection for the person under this Act or theWitnessProtection Act 2000.339Record of execution of warrantAcommissionofficerwhoexecutesawarrantmust,ifreasonably practicable, write the
following on the back of theoriginal warrant
or form of warrant and sign the document—(a)the
date and time of execution;(b)the
name of the person on whom it was executed;(c)if
known, the name of the occupier of the place;(d)thecommissionofficer’sname,andiftheofficerisapolice officer,
his or her rank and registered number.Current as at
[Not applicable]Page 339
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 7 General[s 340]340Evidentiary aids(1)This
section applies to a proceeding before a court or tribunal.(2)It is not necessary to prove the
appointment of an appointedperson or the
power of an appointed person to do something,unless a party
to the proceeding, by reasonable notice of atleast 7 days,
requires proof.(3)Acertificatepurportingtobesignedbythechairpersonstatinganyofthefollowingmattersisevidenceofthematter—(a)a
person’s appointment as an appointed person was, orwasnot,inforceonastateddayorduringastatedperiod;(b)a matter relevant to an investigation
by the commissionor the commission’s operations;(c)a stated document is a copy of a
document made underthis Act;(d)athingdonebyapersonpurportingtoactunderauthority
conferred by this Act;(e)thepurposeforwhichanactwasdone,oromissionmade, by a
person purporting to act for the purposes ofthe
commission.(4)Asignaturepurportingtobethesignatureofanappointedperson is evidence of the person’s
signature.(5)Judicial notice must be taken
of—(a)the official signature of a person who
is, or has been,chairperson; and(b)the
fact that the person is, or has been, chairperson.(6)In this section—appointed
personmeans—(a)a
commissioner; or(b)a commission officer.Page
340Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 7 General[s 341]341Personnel changes do not affect
commission’s power tomake findings or report(1)The commission may make findings and
report on the basis ofallevidencepresentedtoitregardlessofanychangeintheconstitution of the commission.(2)To remove any doubt, it is declared
that subsection (1) doesnotrequirethecommissiontomakefindingsorreportinrelation to a crime investigation or
anything done under thisAct for the witness protection
function.342Inspection and use of material in
commission’spossession(1)A
commission officer may inspect and deal with any record orthing in the commission’s possession
relevant to the dischargeof the officer’s duties.(2)A person authorised in writing by the
chairperson may inspectany record or thing in the
commission’s possession and, forthat purpose,
may retain it for the time necessary, and maymakecopiesorextractsforuseinconnectionwiththecommission’sinvestigationtowhichtherecordorthingisrelevant.343Information disclosure and privilege(1)No obligation to maintain secrecy or
other restriction on thedisclosureofinformationobtainedbyorfurnishedtoaperson,whetherimposedbyanyActorbyaruleoflaw,applies to the
disclosure of information to the commission forthe performance
of the commission’s functions.(2)A
person who discloses information under subsection (1) doesnot,
only because of the disclosure—(a)contravene a provision of an Act requiring
the person tomaintain confidentiality in relation to the
disclosure ofinformation; or(b)incuranycivilliability,includingliabilityfordefamation; orCurrent as at
[Not applicable]Page 341
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 7 General[s 344](c)become liable to disciplinary
action.(3)To remove any doubt, it is declared
that only a person who isanindividualmayclaimself-incriminationprivilegeunderthis Act.344Injunctions(1)ThecommissionmayapplytotheSupremeCourtforaninjunctiononthegroundthatapersonhasengaged,orisproposingtoengage,inconductthatconstitutesorwouldconstitute—(a)a
contravention of section 212; or(b)attempting to contravene section 212;
or(c)aiding,abetting,counsellingorprocuringapersontocontravene section 212; or(d)beinginanyway,directlyorindirectly,knowinglyconcernedinorapartytothecontraventionofsection 212; or(e)conspiring with others to contravene section
212.(2)If the court is satisfied that the
ground is made out, the courtmay grant the
injunction in the terms it considers appropriate.(3)Subsection (2)haseffectdespitetheprovisionsoftheIndustrial Relations Act 2016.(4)The court may
grant an interim injunction until it decides theapplication.(5)Before the court grants an injunction, it
must be satisfied onthe balance of probabilities that the
person who gave evidenceto or assisted the commission acted in
good faith.(6)Thecourtmayrescindorvaryaninjunctiongrantedundersubsection (2)
or (4).(7)The court may grant an injunction
restraining a person fromengaging in conduct—Page
342Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 7 General[s 345](a)whetherornotitappearstothecourtthatthepersonintendstoengageagain,ortocontinuetoengage,inconduct of that kind; or(b)whetherornotthepersonhaspreviouslyengagedinconduct of that kind; or(c)whetherornotthereisanimminentdangerofsubstantialdamagetosomeoneelseifthepersonengages in conduct of that kind.(8)The court may grant an injunction
requiring a person to do anact or
thing—(a)whetherornotitappearstothecourtthatthepersonintends to fail
again, or to continue to fail, to do the actor thing;
or(b)whether or not the person has
previously failed to do theact or thing;
or(c)whetherornotthereisanimminentdangerofsubstantial damage to someone else if
the person fails todo the act or thing.(9)If
the commission applies for an injunction under this section,the
court may not require the applicant or any other person, asaconditionofgrantinganinteriminjunction,togiveanundertaking about damages.(10)Anapplicationunderthissectionistobeheardinclosedcourt.345Authority to administer oathsAnyjusticeisauthorisedtoadministeranoathforthepurposes of this Act.346Commissions of Inquiry Act 1950
prevails over this Act(1)TheCommissions of Inquiry Act 1950prevails over this Act.(2)Without limiting subsection (1), the
commission or a personwho is, or was, a commission officer
must comply with anyCurrent as at [Not applicable]Page
343
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 7 General[s 346A]summons or requirement of an inquiry
chairperson under theCommissions of Inquiry Act 1950,
section 5.(3)For theCommissions of
Inquiry Act 1950, section 5, 10(4) or14(1)(b), it is
not a reasonable excuse for the commission oranyoneelsetofailtocomplywiththesummonsorrequirement—(a)that
compliance would disclose anything that is requirednot
to be disclosed under this Act or would otherwisecontravene this Act; or(b)that
compliance would disclose anything that should notbe
disclosed because of its particular nature, content orsubject matter.(4)This
section—(a)applies only for the purpose of a
commission within themeaningoftheCommissionsofInquiryAct1950,section 3; and(b)applies despite another provision of this or
another Act.(5)In this section—inquiry
chairpersonmeans the chairperson of a commissionwithin the meaning of theCommissions of Inquiry Act 1950,section 3.346AProtection of particular documents(1)Thissectionappliestoapersonwho,fromanysource,hasgained, gains, or has access to, a disclosed
document.(2)The person must not—(a)copy the document; or(b)use the document for any purpose;
or(c)disclose the document to anyone;
or(d)give access to the document to
anyone.Maximumpenalty—500penaltyunitsor1year’simprisonment.Page 344Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 7 General[s 346A]Notauthorised—indicativeonly(3)Subsection (2) does not apply if the
copying, use, disclosureor giving access is—(a)in compliance with lawful process
requiring productionofdocumentsorgivingofevidencebeforeacourtortribunal; or(b)as
permitted or required by this Act, theCommissions
ofInquiry Act 1950or theParliament of Queensland Act2001; or(c)to perform official duties under
thePublic Records Act2002.(d)byapersonforreturningtothecommissionorthearchivist, or for making enquiries of
the commission orarchivistaboutthereturnof,thedocumentintheperson’s possession; or(e)by a person for making enquiries of
the commission orthe archivist about whether there is a
restricted accessperiod for the document; or(f)by a commission officer or the
archivist for providingadvice or help to a person mentioned
in paragraph (d) or(e).(3A)Subsection (2) ceases to apply to the person
in relation to thediscloseddocumentiftherestrictedaccessperiodforthedocument ends.(4)In
this section—archivistmeansthearchivist,andthestaffofthearchives,under thePublic Records Act 2002.disclosed documentmeans—(a)adocumentrelatingtotheinquiryaccessedfromthearchivist between 1 February 2012 and 5
March 2013;or(b)a document, to
the extent it relates to the inquiry—(i)created by the archivist or the commission
for thepurposeofhelpingapersonaccessadocumentmentioned in
paragraph (a); andCurrent as at [Not applicable]Page
345
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 7 General[s 346B](ii)accessedbetween1February2012and5March2013.documentincludes information.inquirymeansthecommissionissuedtoGeraldEdwardFitzgerald by the Governor by orders in
council dated 26 May1987, 24 June 1987, 25 August 1988 and
29 June 1989.restricted access period, for a
disclosed document, means therestrictedaccessperiodforthediscloseddocumentworkedout under
section 346B and thePublic Records Act 2002.Note—Undersection 346B(4),arestrictedaccessperiodisappliedtoparticular public records (including
disclosed documents) and the newrestricted
access period as applied by that subsection may be changedunder section 346B(5) or thePublic Records Act 2002, section
19.346BDeclarations etc. relating to inquiry
public records(1)The main purposes of this section
are—(a)to make declarations about the
lawfulness and validityofactionstakenbefore9November2013underorpurportedly under this Act and thePublic Records Act2002inrelationtoinquirypublicrecordsandtheapplication of restricted access
periods to those records(including changes to the periods);
and(b)toapplyanewrestrictedaccessperiodtoallinquirypublic records
given to the archives before 9 November2013; and(c)to provide for changes to be made
under this section tothe restricted access period for an
inquiry public recordmentioned in paragraph (b) in a way
that does not limitthe application of thePublic Records
Act 2002.(2)Itisdeclaredthataninquirypublicrecordgiventothearchivesbefore9November2013bythecommissionorpurportedly by the commission—Page
346Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 7 General[s 346B]Notauthorised—indicativeonly(a)was and continues to be a public
record lawfully givento the archives despite anything to
the contrary in thisAct, including, for example, section
375; and(b)was and continues to be validly given
to the archives bythe commission as the responsible public
authority forthat public record under thePublic Records Act 2002.(3)It
is also declared that a restricted access period for an
inquirypublic record that applied, or purportedly
applied, under thePublic Records Act 2002before 9
November 2013, because ofanactionbythecommissionorpurportedlybythecommission,wasvalidlyappliedunderthatActastherestricted access period for the inquiry
public record.(4)Despitesubsection
(3),foreachinquirypublicrecordmentioned in subsection (2) a new restricted
access period of65 years after the day of the last action on
the record, by thissubsection, applies to the public
record.(5)The commission may, by written notice
given to the archivist,changetherestrictedaccessperiodforaninquirypublicrecordasappliedundersubsection (4)oraschangedbyanotice previously given under this
subsection.(6)For thePublic Records
Act 2002, part 2, division 3—(a)the
restricted access period for an inquiry public recordasappliedundersubsection (4)istakentobetherestrictedaccessperiodunderthatActfortherecord;and(b)a notice given
under subsection (5) for an inquiry publicrecordistakentobearestrictedaccessnoticegivenunder section 19 of that Act for that
record.(7)Except as otherwise provided, this
section does not limit theapplication of thePublic Records
Act 2002in relation to aninquirypublicrecordortherestrictedaccessperiodforaninquiry public record, including, for
example, the applicationof any provision in part 2, division 3
of that Act.Note for subsection (7)—Nothing in this
section prevents a notice being given under thePublicRecords Act 2002, section 19, to
change the restricted access periodCurrent as at
[Not applicable]Page 347
Crime
and Corruption Act 2001Chapter 7 General[s 346B]Notauthorised—indicativeonlyapplied under subsection (4), or
changed under subsection (5), for aninquiry public
record.(8)This section applies despite —(a)anythingtothecontraryinthisActorthePublicRecords Act 2002; or(b)anything done or omitted to be done
before 9 November2013 under, or purportedly done under, this
Act or thePublic Records Act 2002in relation to
an inquiry publicrecord.(9)In
this section—archivessee thePublic Records Act 2002, schedule
2.archivistsee section
346A(4).disclosed documentsee section
346A(4).given to, in relation to
an inquiry public record, includes madeavailable for
inspection by.inquirysection
346A(4).inquiry public recordmeans either of
the following whetheror not it is also a disclosed
document—(a)a document relating to the
inquiry;(b)a document, to the extent it relates
to the inquiry, createdbythearchivistorthecommissionforthepurposeofhelpingapersonaccessadocumentmentionedinparagraph (a).public
recordmeans a public record under thePublic RecordsAct 2002.responsiblepublicauthority,forapublicrecord,meansaresponsiblepublicauthorityforapublicrecordunderthePublic Records Act 2002.restrictedaccessperiod,foraninquirypublicrecord,means—(a)in
relation to the period before 9 November 2013—therestrictedaccessperiodfortheinquirypublicrecordunder or
purportedly under thePublic Records Act 2002,Page 348Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 7 General[s 347]thatisdeclaredundersubsection (3)tohavevalidlybeenappliedtotherecord,includingaperiodaschanged under that Act; or(b)otherwise—thenewrestrictedaccessperiodfortheinquirypublicrecordappliedundersubsection
(4)orthat period as changed under—(i)subsection (5); or(ii)thePublic Records Act 2002,
section 19.347Review of Act and commission’s
operational andfinancial performance(1)TheMinistermustreviewthisActandthecommission’soperational and
financial performance.(2)Thereviewmuststartnosoonerthan2yearsafterthecommencement of this section.348Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)A regulation may provide for—(a)procedurestobefollowedinproceedingsbeforethecommission; or(b)procedures to be observed by commission
officers andother persons in performing the commission’s
functionsor exercising the commission’s
powers.Current as at [Not applicable]Page
349
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 349]Chapter 8Repeals and
transitional,declaratory, and savingsprovisionsNotauthorised—indicativeonlyPart 1Repeal
provisions349RepealsThe following
Acts are repealed—•Criminal Justice Act 1989 No.
111•Crime Commission Act 1997 No.
68.Part 2Crime and
Misconduct Act 2001350Definitions for pt 2In
this part—commencementmeans the
commencement of this section.contract
employeemeans a person who, immediately
beforethecommencement,wasemployedbythecriminaljusticecommissionortheQueenslandcrimecommissionunderawritten contract, whether or not for a
fixed term.repealed Actmeans the
repealedCriminal Justice Act 1989orthe repealedCrime Commission
Act 1997.351References to
repealed Acts and former titles(1)In
an Act or document, a reference to a repealed Act may, ifthe
context permits, be taken as a reference to this Act.(2)InanActordocument,areferenceincolumn1ofthefollowing table
may, if the context permits, be taken as thecorresponding
reference in column 2 of the table.Page 350Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 352]Notauthorised—indicativeonlyColumn 1criminal justice
commissionCJCchairperson of the criminal
justicecommissiondirector,
official misconduct divisionofficial
misconduct divisionQueensland crime commissionQCCcrime commissionermanagement
committeeparliamentary criminal justicecommissionerparliamentary
criminal justicecommitteeColumn 2commissioncommissionchairperson of
the commissionassistant commissioner,misconductcommissioncommissioncommissionassistant
commissioner, crimereference committeeparliamentary
crime andmisconduct commissionerparliamentary
crime andmisconduct committee352Assets, rights and liabilitiesToremoveanydoubt,itisdeclaredthatanasset,rightorliability of the criminal justice
commission or the Queenslandcrimecommissionisanasset,rightorliabilityofthecommission.353Proceedings(1)Toremoveanydoubt,itisdeclaredthataproceedingthatcouldhavebeenstartedorcontinuedby,oragainst,thecriminaljusticecommissionortheQueenslandcrimecommission may be started or continued by,
or against, thecommission.Current as at
[Not applicable]Page 351
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 354](2)Withoutlimitingsubsection (1),adisciplinarychargeundersection
39oftherepealedCriminalJusticeAct1989thatcould have been started or continued by the
Criminal JusticeCommission if that Act had not been repealed
may be startedor continued by the commission under section
50.354Continuation of complaints(1)ThissectionappliesifacomplaintmadetothecriminaljusticecommissionundertherepealedCriminalJusticeAct1989beforethecommencementhadnotbeenfinallydealtwith under that
Act on the commencement.(2)The complaint
must be dealt with as if it had been made underthis Act.355Continuation of references(1)Eachreferraltothecrimecommissionbythemanagementcommittee under
the repealedCrime Commission Act 1997istaken to be a referral of major crime
to the commission by thereference committee under this Act
subject to any limitationsimposedbythemanagementcommitteeundertherepealedCrime Commission
Act 1997.(2)However,thestandingreferencetoinvestigatecriminalpaedophilia mentioned in section 46(7) of
the repealedCrimeCommission Act
1997ended on that Act’s repeal.356Offences(1)Proceedings for an offence against the
repealed Act may becontinued, or started despite the repeal of
the repealed Act.(2)Forsubsection
(1),theActsInterpretationAct1954,section 20 applies, but does not limit the
subsection.(3)Forsubsection
(1),inrelationtoanoffenceagainsttherepealedCriminal Justice
Act 1989, section 138(2) of that Actapplies, despite its repeal as if—Page
352Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 357](a)the word ‘commission’ includedcommissionas
definedin this Act; and(b)theword‘chairperson’includedchairpersonorchairmanas defined in
this Act.357Chairperson of the criminal justice
commission(1)The chairperson of the criminal
justice commission under therepealedCriminal Justice Act 1989goes
out of office as thechairpersonofthecriminaljusticecommissionandasamemberofthecriminaljusticecommissiononthecommencement.(2)Subsection (3)appliesifthechairpersonoftheCriminalJustice
Commission under the repealedCriminal Justice
Act1989—(a)is offered appointment as the
chairperson under this Actand accepts the appointment; or(b)isofferedappointmentasanassistantcommissionerunder this Act
and accepts the appointment.(3)Thechairpersonisnotentitledtoanamountthatmightotherwisebepayabletothechairpersonbecausethechairperson goes out of office under
subsection (1).(4)Thissectionhasnoeffectonsuperannuationorleaveentitlements.358Commissioners of the criminal justice
commissionA member, other than the chairperson, of the
criminal justicecommissionundertherepealedCriminalJusticeAct1989continues as a
part-time commissioner under this Act.359Crime
commissioner(1)ThecrimecommissionerundertherepealedCrimeCommissionAct1997goesoutofofficeasthecrimeCurrent as at [Not applicable]Page
353
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 360]commissioner and as a member of the crime
commission onthe commencement.(2)Subsection (3)appliesifthecrimecommissionerundertherepealedCrime Commission
Act 1997—(a)is offered
appointment as the chairperson under this Actand accepts the
appointment; or(b)isofferedappointmentasanassistantcommissionerunder this Act
and accepts the appointment.(3)Thecrimecommissionerisnotentitledtoanamountthatmightotherwisebepayabletothecrimecommissionerbecausethecrimecommissionergoesoutofofficeundersubsection
(1).(4)Thissectionhasnoeffectonsuperannuationorleaveentitlements.360Management committee(1)An
appointed member of the management committee undertherepealedCrimeCommissionAct1997istakentobeanappointed member
of the reference committee under this Actinaccordancewiththemember’soriginalconditionsofappointment.(2)In
this section—member’soriginalconditionsofappointmentmeansthetermsandconditionsgoverningthemember’sappointmentundertherepealedCrimeCommissionAct1997atthecommencement.361Parliamentary committeeThemembersofthecriminaljusticecommitteeestablishedunder the
repealedCriminal Justice Act 1989holding office atthecommencementaretakentobethemembersoftheparliamentary
committee under this Act.Page 354Current as at
[Not applicable]
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 362]362Parliamentary commissionerThe
person holding office as the parliamentary commissioneroractingparliamentarycommissionerundertherepealedCriminal Justice
Act 1989at the commencement is taken to betheparliamentarycommissioneroractingparliamentarycommissioner
under this Act.Notauthorised—indicativeonly363Employees(1)Toremoveanydoubt,itisdeclaredthatonthecommencementapersonwho,immediatelybeforethecommencement,wasanemployeeofthecriminaljusticecommission or the Queensland crime
commission—(a)becomes an employee of the commission;
and(b)has a right to a salary or wage rate
not lower than theperson’ssalaryorwagerateimmediatelybeforethecommencement.(2)Toremoveanydoubt,itisdeclaredthatforsubsection (1)(a)—(a)a
person who, immediately before the commencementwasapermanentemployeeofthecriminaljusticecommissionortheQueenslandcrimecommissionistaken to be a permanent employee of the
commission;and(b)a person who,
immediately before the commencementwasatemporaryemployeeofthecriminaljusticecommissionortheQueenslandcrimecommissionistaken to be a temporary employee of the
commission;and(c)a person who,
immediately before the commencementwasacasualemployeeofthecriminaljusticecommissionortheQueenslandcrimecommissionistaken to be a temporary employee of the
commission ona casual basis.(3)This
section does not apply to a contract employee.Current as at
[Not applicable]Page 355
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 364]364Right of return to public
service(1)This section applies to a person who,
immediately before thecommencement was an employee of the
crime commission ina permanent or full-time capacity and an
officer of the publicservice.(2)The
person is entitled to re-become an officer of the publicserviceifthepersonelectstore-becomeanofficerofthepublic service within 1 year after the
commencement or anyfurther period that the Minister
allows.(3)If the person re-becomes an officer of
the public service undersubsection (2)—(a)theperson’sinitialtermsofemploymentmustnotbelessfavourablethanthetermsofemploymentthatappliedtothepersonbeforethepersonbecameemployed by the crime commission; and(b)for the purpose of calculating and
providing the person’ssuperannuation and leave entitlements,
the person is tobe treated as—(i)not
having left the public service when the personbecameemployedbytheCrimeandMisconductCommission;
and(ii)having been an
officer of the public service whilethepersonwasemployedbytheCrimeandMisconduct Commission.365Contract employees(1)Toremoveanydoubt,itisdeclaredthatonthecommencementacontractemployeeofthecriminaljusticecommission or
the Queensland crime commission becomes acontract
employee of the commission.(2)To
remove any doubt, it is declared that the person’s contractwith
the criminal justice commission or the Queensland crimecommission is a contract with the
commission.Page 356Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 366]366Accrued entitlementsA
person who becomes an employee of the commission underthis
part keeps all entitlements to recreation, sick, long
serviceand other leave, superannuation and other
benefits accrued bytheperson,immediatelybeforethecommencement,asanemployeeofthecriminaljusticecommissionortheQueensland crime commission.367Public interest monitorThepublicinterestmonitorappointedundertherepealedCriminal Justice
Act 1989or the repealedCrime
CommissionAct1997is,atthecommencement,takentobethepublicinterest monitor
appointed under this Act.368Special
provisions for transitional office holdersFor section
247(3), a person holding office as a senior officeron
the commencement is taken to have started holding officein
the commission on the commencement.369Provision for selection processes started
before thecommencement(1)This
section applies if, before the commencement—(a)thecriminaljusticecommissionundertherepealedCriminalJusticeAct1989orthecrimecommissionundertherepealedCrimeCommissionAct1997advertisedforapplicationsfromsuitablyqualifiedpersons to be considered for selection to
the role beingadvertised; and(b)the
selection process had not been finalised.(2)The
commission may continue with the selection process andappointapersontoaroleasacommissionofficerthatissimilar to the role advertised.Current as at [Not applicable]Page
357
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 370]370Provision for selection processes for
roles of chairpersonand assistant commissioners(1)Section 228doesnotapplytothefirstappointmentofaperson as the chairperson.(2)Also, an appointment of a person as
chairperson or assistantcommissioner after the enactment of
this Act is not to be takento be invalid
only because action was taken in relation to thefillingoftheroleofchairpersonorassistantcommissionerbefore the
enactment.371Warrants(1)AwarrantissuedundertherepealedCriminalJusticeAct1989or the
repealedCrime Commission Act 1997and
in forceimmediatelybeforethecommencementistakentobeawarrant validly
issued under this Act and continues in force,subjecttoanyconditionorlimitationonitsissueandwithnecessary
changes.(2)Thecommissionmustensureanyrecordingmadeorphotograph taken under a warrant
issued under the repealedCriminal Justice Act 1989or
the repealedCrime CommissionAct1997oratranscriptorcopymadefrominformationobtained under
the warrant is destroyed as soon as practicableafter it is no
longer required.(3)Subsection (2)doesnotpreventinformationorothermatterbeingpreservedforanyperiodorindefinitelyif,inthechairperson’s
opinion, it is relevant to—(a)anyoffenceofwhichsomeonehasbeenconvictedifthere is a possibility that an issue
about the convictionmay arise; or(b)an
ongoing investigation.(4)ThePublicRecordsAct2002doesnotapplytorecordsmentioned in
this section.Page 358Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 372]372NoticesA notice issued
under the repealedCriminal Justice Act 1989ortherepealedCrimeCommissionAct1997andinforceimmediately
before the commencement is taken to be a noticevalidlyissuedunderthisActandcontinuesinforce,withnecessary changes.373Action taken by parliamentary
commissioner(1)An action started by the parliamentary
commissioner beforethecommencementbutnotfinishedatthecommencementmay be continued
as if the action had been started under thisAct and this Act
applies accordingly.(2)In this
section—actionmeans—(a)an investigation; or(b)an inquiry; or(c)a
review.374Parliamentary commissioner to have
possession of anddeal with records of the CJC inquiry(1)This section applies to the data and
records of the CJC inquiryvested in the parliamentary
commissioner.(2)Theparliamentarycommissionermustsecurethedataandrecordsintheparliamentarycommissioner’spossessionsothat
only persons who satisfy the parliamentary commissionerthat
they have a legitimate need of access to the data and therecords are able to have access to
them.(3)In this section—CJC
inquirymeans the commission within the meaning of
theCommissionsofInquiryAct1950constitutedbyorderincouncil of 7 October 1996 published in the
gazette of that dateat pages 475 and 476.Current as at [Not applicable]Page
359
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 375]375Data and records of commission of
inquiry(1)Thissectionappliestothecommissionofinquirydataandrecords of which the director of the
intelligence division undertherepealedCriminalJusticeAct1989assumedpossessionand control
under that repealed Act.(2)The commission
must continue possession and control of thedataandrecordsandtheprovisionsoftherepealedSpecialProsecutor Act 1988, sections 20
and 21 apply, with necessarychanges, as
if—(a)the commission of inquiry referred to
in that Act werethe commission; and(b)thechairpersonreferredtointhatActwerethechairperson under this Act.(3)In this section—commissionofinquirydataandrecordsmeansthecommissionofinquirydataandrecordsmentionedintherepealedCriminal Justice Act 1989,
section 59.375AOrders made by criminal justice
commission orQueensland crime commissionItisdeclaredthatanordermadebythecriminaljusticecommissionorapresidingmemberofaQCChearingasdefinedundertherepealedCrimeCommissionAct1997beforethecommencementandinforceimmediatelybeforethe
commencement—(a)continuestohaveeffectafterthecommencementaccording to its
terms; and(b)maybevaried,revokedorotherwisedealtwith,andenforced,asiftheorderhadbeenmadebythecommission under
this Act.375BConfidential material under the Crime
Commission Act(1)Thissectionappliesif,undersection
111oftherepealedCrimeCommissionAct1997, a person could
not publish anPage 360Current as at
[Not applicable]
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 376]answer,document,thingorinformationmentionedinthatsection without
the written consent of the Queensland CrimeCommission.(2)To
remove any doubt, it is declared that the commission maygive
written consent to the publication.Notauthorised—indicativeonlyPart
3Cross-Border Law EnforcementLegislation Amendment Act2005376Definitions for
pt 3In this part—amendmentActmeanstheCross-BorderLawEnforcementLegislation
Amendment Act 2005.appliedprovisionsmeansthePolicePowersandResponsibilitiesAct2000,chapter11,part2,asappliedbynew
section 138.commencement daymeans the day on
which section 69 of theamendment Act commences.existingapprovingofficermeansanapprovingofficermentioned in former section 262(2)(b) of
thePolicePowersand
Responsibilities Act 2000.Editor’s
note—As previously enacted, this was a reference
to thePolice Powers andResponsibilities
Act 2000, section 173(2)(b) (Application for
approval).The reference was changed by 2006 Act No.
26, sections 84 and 86.existingcontrolledoperationapprovalmeansanapprovalgivenbyanexistingapprovingofficerunderformersection 266ofthePolicePowersandResponsibilitiesAct2000foracontrolledoperationinrelationtoasuspectedmisconduct
offence.Editor’s note—As previously
enacted, this was a reference to thePolice Powers
andResponsibilities Act 2000,
section 177 (Consideration and approval ofCurrent as at
[Not applicable]Page 361
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 376]application).Thereferencewaschangedby2006Act No.
26,sections 84 and 86.existingcontrolledoperationurgentapprovalmeansanapproval for a controlled operation in
relation to a suspectedmisconduct offence given by—(a)the chairperson under former section
264 of thePolicePowers and
Responsibilities Act 2000; or(b)an
existing approving officer under former section 265of
thePolice Powers and Responsibilities Act
2000.Editor’s note—As previously
enacted, paragraph (a) referred to thePolice Powers
andResponsibilitiesAct2000,section 175(CertainCMCcontrolledoperations).Paragraph(b)referredtothePolicePowersandResponsibilitiesAct2000,section 176(Procedureinurgentcircumstances
other than if s 175 applies). The references were changedby
2006 Act No. 26, sections 84 and 86.existingcovertoperativemeansacommissionofficeroranotherpersonwhoisnamedinanexistingcontrolledoperationapprovalasacovertoperativeforthecontrolledoperation to
which the approval relates.former,ofaprovisionofthePolicePowersandResponsibilitiesAct2000mentionedinthis part,meanstheprovision to which the reference
relates is a provision of thepre-amended
Act.new,ofaprovisionmentionedinthispart,meanstheprovision to which the reference relates is
a provision of thepost-amended Act.post-amendedActmeansthisActasinforcefromthecommencement day,pre-amendedActmeansthePolicePowersandResponsibilities Act 2000as
in force immediately before thecommencement of
section 12 of the amendment Act.Page 362Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 377]377Transitional provisions for
pre-commencement dayreferrals to committee(1)Areferredapplicationthatwasnotconsideredbythecommittee under former chapter 10,
part 2, division 2 of thePolice Powers and Responsibilities Act
2000may continue tobe considered by
the committee under the applied provisions.(2)In
this section—referredapplicationmeansanapplicationforeitherofthefollowing that was referred to the
committee by an approvingofficerunderformerchapter10,part 2,division
2ofthePolice Powers
and Responsibilities Act 2000—(a)approval to conduct a controlled
operation in relation toa suspected misconduct offence;(b)variationofanapprovaltoconductacontrolledoperation in
relation to a suspected misconduct offence.Editor’s
note—As previously enacted, this was a reference
to thePolice Powers andResponsibilitiesAct2000,chapter5(Controlledoperationsandcontrolledactivities),part2(Controlledoperations),division2(Committee’s functions and business).
The reference was changed by2006 Act No. 26,
sections 84 and 86.378Transitional provisions for controlled
operations(1)Anexistingcontrolledoperationapprovalthatwasinforceimmediately before the commencement day and
relates to asuspectedmisconductoffencecontinuesinforcefromthatdayinaccordancewithitstermsasifitwereanapprovalgiven under new
section 143.(2)An existing controlled operation
urgent approval that was inforce
immediately before the commencement day and relatestoasuspectedmisconductoffencecontinuesinforcefromthat
day in accordance with its terms as if it were an urgentapproval given under new section 143.Current as at [Not applicable]Page
363
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 379]379Transitional provision for
pre-commencement dayrecommendationsArecommendationmadebythecommitteeunderformerchapter10,part
2,division 2ofthePolicePowersandResponsibilitiesAct2000andnotacteduponbeforethecommencementdayistaken,forthisAct,tobearecommendationmadebythecommitteeundertheappliedprovisions.Editor’s
note—As previously enacted, this was a reference
to thePolice Powers andResponsibilitiesAct2000,chapter5(Controlledoperationsandcontrolledactivities),part2(Controlledoperations),division2(Committee’s functions and business).
The reference was changed by2006 Act No. 26,
sections 84 and 86.380Transitional provision for covert
operativesA person named as a covert operative in an
existing controlledoperationapprovalcontinuedinforceundersection 378istaken,forthisAct,tobeacovertoperativenamedinanapproval given under this Act.381Transitional provisions for
authorities for birthcertificates(1)Thissectionappliestoanauthoritygivenunderformersection 275ofthePolicePowersandResponsibilitiesAct2000to create a
birth certificate to help conceal the identity ofacovertoperativeforacontrolledoperationrelatingtoasuspected misconduct offence.Editor’s note—As previously
enacted, this was a reference to thePolice Powers
andResponsibilities Act 2000,
section 186 (Request for issue of documenttoconcealidentity—general).Thereferencewaschangedby2006Act No. 26,
sections 84 and 86.(2)The authority continues in force as a
birth certificate approval.(3)Abirthcertificatecreatedinaccordancewithanauthoritycontinued in
force under subsection (2)—Page 364Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 382](a)is taken to have been created under
new section 146Z;and(b)may continue to
be used for the purpose for which it wascreated.(4)Also, new section 146ZG applies in
relation to the creation ofthe birth
certificate as if the birth certificate had been createdunder new section 146Z.382Identity documents other than birth
certificates(1)This section applies to a document
created in accordance withformer section 279 of thePolice Powers and ResponsibilitiesAct2000inrelationtoacontrolledoperationrelatingtoasuspected misconduct offence.Editor’s note—As previously
enacted, this was a reference to thePolice Powers
andResponsibilitiesAct2000,section 189(Specialprovisionsaboutconcealing identities of covert operatives).
The reference was changedby 2006 Act No. 26, sections 84 and
86.(2)Newsections
146ZF,146ZHand146ZIapplytothedocumentasifithadbeenproducedunderarequestundersection 146ZB.Part 4Crime and Misconduct andOther
Legislation AmendmentAct 2006383Declaration about repeal of Cross-Border
LawEnforcement Legislation Amendment Act 2005,
s 73(3)(1)This section applies if the Crime and
Misconduct provisionhas effect before the Cross-Border
provision has effect.(2)The Cross-Border
provision is repealed when the Crime andMisconduct
provision has effect.(3)In this
section—Current as at [Not applicable]Page
365
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 384]CrimeandMisconductprovisionmeanstheCrimeandMisconductandOtherLegislationAmendmentAct2006,section 34(2), to the extent it inserts the
definitioncommissionofficer.Cross-BorderprovisionmeanstheCross-BorderLawEnforcement Legislation Amendment Act
2005, section 73(3).Notauthorised—indicativeonlyPart 5Justice
Legislation AmendmentAct 2008384Declaration about local governments and
joint localgovernments(1)This
section applies for the period of the administration of thisActuntilthecommencementoftheJusticeLegislationAmendment Act
2008, section 53.(2)To
remove any doubt and to remove the necessity for proof ofthe
funding of local governments and joint local governments,itisdeclaredthateverylocalgovernmentandjointlocalgovernmenthasalwaysbeenand,despitetheLocalGovernment Act
1993, sections 34(3) and 49(4), continued
tobe a unit of public administration for this
Act.Part 6Criminal Code
and Jury andAnother Act Amendment Act2008385Declaration(1)Itisdeclaredthat,fromthecommencement,awitnessatamisconducthearingwasnotentitledtorefusetoansweraquestion on the ground of the
self-incrimination privilege oron the ground of
confidentiality.(2)Withoutlimitingsubsection (1),itisdeclaredthatfromthecommencement—Page 366Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 385]Notauthorised—indicativeonly(a)ithasalwaysbeenandcontinuestobelawfulforthepresiding officer at a misconduct
hearing to require anindividual to answer a question after
that individual hasmadeaclaimonthegroundoftheself-incriminationprivilege in
relation to an answer; and(b)ithasalwaysbeenandcontinuestobelawfulforthepresiding officer at a misconduct
hearing, in response toa claim on the ground of the
self-incrimination privilegemade by an
individual in relation to an answer, to makean order that
all answers or a class of answer given bythe individual
are to be regarded as having been given orproducedonobjectiononthegroundoftheself-incrimination privilege;
and(c)ithasalwaysbeenandcontinuestobelawfulforthepresiding officer at a misconduct
hearing to require anindividual to answer all questions or
a class of questionafterthepresidingofficerhasmadeanorderthatallanswers or a class of answer given by
the individual aretoberegardedashavingbeengivenorproducedonobjectiononthegroundoftheself-incriminationprivilege;
and(d)any answer given by an individual
giving evidence at amisconduct hearing who has been
directed to answer aquestion after a claim been made on
the ground of theself-incriminationprivilegeinrelationtothatanswer,has
always been and continues to be admissible in anyproceeding about—(i)thefalsityormisleadingnatureofananswer,document, thing or statement given or
produced bythe individual; or(ii)an
offence against this Act; or(iii)a
contempt of a person conducting the hearing.(3)In
this section—commencementmeans the
commencement of section 192 on1 January
2002.Current as at [Not applicable]Page
367
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 386]misconducthearingmeansacommissionhearinginthecontext of a
misconduct investigation.Notauthorised—indicativeonlyPart
7Crime and MisconductAmendment Act
2009386Validation of referralsUntil the commencement of this part—(a)a referral or purported referral to
the crime commissionbythemanagementcommitteeundertherepealedCrime Commission
Act 1997is taken to be, and to havealways been, a validly made referral;
and(b)section 355(1) is taken to be, and to
have always been,effectivetodeclareeachreferralorpurportedreferralmentioned in paragraph (a) to be a validly
made referralofmajorcrimetothecommissionbythereferencecommittee under
this Act; and(c)areferralorpurportedreferralofmajorcrimetothecommission by
the reference committee under this Actis taken to be,
and to have always been, a validly madereferral.387DeclarationOnthecommencementofthispart,areferralorpurportedreferral to
which section 386 applies is taken to be—(a)to
the extent the referral identified a particular incidentof
major crime to be investigated by the commission—aspecificreferralbythereferencecommitteetothecommission under section 27; or(b)totheextentthereferralotherwiseidentifiedmajorcrime to be investigated by the commission—a
generalreferral by the reference committee to the
commissionunder section 27.Page 368Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 388]388Preservation of limitations and
amendmentsA referral or purported referral to which
section 386 or 387applies is subject to—(a)forareferralorpurportedreferraltothecrimecommissionbythemanagementcommitteeundertherepealedCrime Commission
Act 1997—any limitationsimposedbythemanagementcommitteeundertherepealedCrime Commission
Act 1997; and(b)forareferralorpurportedreferraldeclaredundersection 355(1)tobeareferralofmajorcrimetothecommissionbythereferencecommitteeunderthisAct—any amendment, or purported amendment,
undersection 30 or otherwise, of the terms of the
referral bythe reference committee; and(c)for a referral or purported referral
of major crime to thecommissionbythereferencecommitteeunderthisAct—any amendment, or purported amendment,
undersection 30 or otherwise, of the terms of the
referral bythe reference committee.389Validation of crime investigations(1)A crime investigation conducted, or
being conducted, under areferralorpurportedreferraltowhichsection
386or387applies is taken
to be, and to have always been, as valid as if itwereacrimeinvestigationconducted,orbeingconducted,under a referral
by the reference committee to the commissionunder section
27.(2)Subsection (1) does not limit the
effect of a validation undersection 386 or
387.390Validation of use of information or
evidence obtained bycrime investigations conducted under
referrals(1)Theuseofinformationorevidenceobtainedbyacrimeinvestigation conducted, or being conducted,
under a referralor purported referral to which section 386
or 387 applies, for aCurrent as at [Not applicable]Page
369
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 391]purposementionedinsubsection (2),istakentobe,andtohavealwayshavebeen,asvalidasiftheinformationorevidence were obtained by a crime
investigation conducted, orbeing conducted,
under a referral by the reference committeeto the
commission under section 27.(2)The
purposes are—(a)the performance of a function of the
crime commissionunder the repealedCrime Commission
Act 1997; or(b)the
performance of a function of the commission underthis
Act; or(c)the performance of a function of any
law enforcementagencyorprosecutingauthoritytowhichtheinformation or evidence—(i)hasbeendirectlyorindirectlyprovidedbythecrimecommissionmentionedinparagraph(a)under the repealedCrime Commission
Act 1997; or(ii)has
been or is provided directly or indirectly by thecommission under this Act.(3)Subsection (1) does not limit the
effect of a validation undersection 386 or
387.391Review and lapsing of general
referrals(1)This section applies to a referral
that, under section 387(b), istaken to be a
general referral on the commencement of thispart.(2)Thereferencecommitteeistoreviewthereferralwithinaperiod of 2 years from the
commencement.(3)Section 30A(2) to (5) applies to the
review.(4)If the reference committee has not
acted under section 30A(5)onthereviewbeforetheendoftheperiodof2yearsmentioned in
subsection (2), the referral lapses.Page 370Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 392](5)If the reference committee confirms
the referral, section 30Aapplies to the referral for the
purpose of its future review andlapsing as if it
were made on the day it was confirmed.Notauthorised—indicativeonlyPart
8Criminal Code and OtherLegislation
(Misconduct,Breaches of Discipline andPublic Sector Ethics)Amendment Act
2009392Transitional provision for prescribed
personForsection 50(5),definitionprescribedperson,paragraph(a)(ii)or(b)(ii)ofthedefinitiononlyappliestoapersonwhoseemploymentorappointmentendsafterthecommencement of this section.Part
9Directors’ Liability ReformAmendment Act 2013393Provision relating to s 346AItisdeclaredthatsection
346A(2)asinforcebeforethecommencement of this section did not, and
does not, apply tothe copying, use, disclosure or giving
access by a person asmentioned in section 346A(3)(d), (e)
or (f).394Provision relating to s 375(1)It is declared that section 375 did
not, and does not, limit theoperation of, or
anything done under, thePublic Records Act2002in
relation to inquiry public records.(2)For
subsection (1), section 375 is subject to an authorisationmentioned in section 62(1) relating to
inquiry public records.Current as at [Not applicable]Page
371
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 395](3)In this section—inquiry public
recordssee section 346B.Part 10Criminal Law (CriminalOrganisations
Disruption) andOther Legislation AmendmentAct
2013395Use of privileged answers, documents,
things orstatements in proceedings under Confiscation
Act(1)Section 197(3)(c) as in force on and
from 17 October 2013—(a)applies, and is
taken to have always applied, only to ananswer,
document, thing or statement given or producedon or after that
day; and(b)authorisestheuseofananswer,document,thingorstatement only in a proceeding under the
ConfiscationAct started on or after that day; and(c)applies, and is taken to have always
applied, as if theprovisionasamendedbytheamendingAct,andsection 265 of the Confiscation Act as
inserted by theamending Act, were in force from the
beginning of thatday.Note—17
October 2013 is the day section 197(3)(c) was inserted intothisActbytheCriminalLaw(CriminalOrganisationsDisruption)
Amendment Act 2013, section 27.(2)Forsubsection (1),section
265oftheConfiscationActasinsertedbytheamendingActapplies,andistakentohavealways applied,
in relation to an answer, document, thing orstatementmentionedinsubsection (1)(a)andaproceedingmentioned in
subsection (1)(b).(3)In this section—Page 372Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 396]amendingActmeanstheCriminalLaw(CriminalOrganisations
Disruption) and Other Legislation AmendmentAct 2013.Notauthorised—indicativeonlyPart
11Crime and Misconduct andOther
Legislation AmendmentAct 2014Division 1Preliminary396Definitions for pt 11In this
part—amendment Actmeans theCrime and Misconduct and OtherLegislation Amendment Act 2014.commencementdaymeansthedaydivisions3to7ofthispart, as
inserted by the amendment Act, commence.Division 2Continuing particular appointmentsuntil the commencement day397Acting chairperson(1)This
section applies to a person who holds an appointment toactasthechairpersonofthecommissiononthedaythissection commences.(2)Theperson’sappointmenttoactasthechairpersonofthecommissioncontinuesuntil,andonlyuntil,thecommencement day on the same terms and
conditions (otherthan the duration of the
appointment).(3)Subsection (2) stops applying if the
person’s appointment isterminated or otherwise ends under
this Act or the terms andconditionsapplyingtotheperson’sappointmentunderthesubsection.Current as at
[Not applicable]Page 373
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 398](4)This section applies despite
theActs Interpretation Act 1954,section 24B(5).Notauthorised—indicativeonly398Part-time
commissioners and acting part-timecommissioners(1)Thissectionappliestoapersonwhoholdsapart-timecommissionerappointmentonthedaythissectioncommences.(2)The
person’s part-time commissioner appointment continuesuntil,andonlyuntil,thecommencementdayonthesametermsandconditions(otherthanthedurationoftheappointment).(3)Subsection (2) stops applying if the
person’s appointment isterminated or otherwise ends under
this Act or the terms andconditionsapplyingtotheperson’sappointmentunderthesubsection.(4)In
this section—part-timecommissionerappointmentmeansanappointment—(a)as a
part-time commissioner; or(b)to act as a
part-time commissioner.399Declaration for
continued appointments(1)This section
applies if the amendment Act is assented to afterthe
day that a person’s appointment to act as the chairperson,asapart-timecommissioner,ortoactasapart-timecommissioner,
would have ended but for section 397 or 398.(2)For
this Act, the person’s appointment is declared to alwayshave
been validly extended for the relevant period.(3)Anything done or omitted to be done by the
person during therelevant period that would have been valid
and lawful underthis Act had the person’s appointment been
validly extendedfor the relevant period is declared to
always have been validand lawful.Page 374Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 400](4)Subsection (3)appliesforallpurposes,includingaproceedingdecidedbefore,orstartedbeforeorafter,therelevant period ends.(5)In
this section—proceedingmeans—(a)an investigation or hearing under this
Act; or(b)a civil or criminal proceeding.relevantperiod,forapersonappointedtoactasthechairperson,asapart-timecommissionerortoactasapart-time commissioner, means the
period between—(a)when the person’s appointment would
have ended butfor section 397 or 398; and(b)the day the amendment Act is assented
to.Division 3General400References to Crime and Misconduct Act
2001 andparticular termsIn an
instrument, if the context permits—(a)a
reference to theCrime and Misconduct Act 2001maybe taken to be a reference to
theCrime and CorruptionAct 2001;
and(b)a reference to misconduct within the
meaning given bytheCrime and Misconduct Act 2001may
be taken to bea reference to corruption within the meaning
given bytheCrime and Corruption Act 2001;
and(c)areferencetoofficialmisconductwithinthemeaninggiven by
theCrimeandMisconductAct2001may betakentobeareferencetocorruptconductwithinthemeaning given by theCrime and
Corruption Act 2001.Current as at [Not applicable]Page
375
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 401]401References to former titles(1)Inaninstrument,areferenceincolumn1ofthefollowingtablemay,ifthecontextpermits,betakentobethecorresponding
reference in column 2 of the table.ProvisionCommission officercrime and
misconduct commissioncrime and corruptioncommissionchairperson of
the crime and misconductchairman of the crime andcommissioncorruption
commissionassistant commissioner, crimesenior executive officer(crime)assistant commissioner, misconductsenior executive officer(corruption)parliamentary
crime and misconductcommissionerparliamentary
crime andcorruption commissionerparliamentary
crime and misconductcommitteeparliamentary
crime andcorruption committee(2)Subsection (3) applies if a reference in
column 2 of the tablein section 351(2) is also a reference
in column 1 of the table insubsection (1)
of this section.(3)Fromthecommencementday,ifthecontextpermits,section 351(2)
applies as if the reference in column 2 of thetableinsection 351(2)werethecorrespondingreferenceincolumn 2 of the table in subsection
(1) of this section.Page 376Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 402]Division 4Commissioners
fromcommencement daySubdivision
1Existing appointments402Acting chairperson(1)This
section applies to a person who, immediately before thecommencementday,holdsanappointmenttoactasthechairperson of the commission.Note—Seesection 397inrelationtothecontinuationoftheperson’sappointment to
act as the chairperson until the commencement day.(2)Thepersonisappointedtoactasthechairmanofthecommission—(a)from
the start of the commencement day; and(b)until the earlier of the following—(i)31 October 2014;(ii)the
day a person’s appointment as chairman undersection 229
takes effect.(3)Theperson’sappointmentandemploymenttoactasthechairman of the commission is subject to the
same terms andconditionsapplyingtotheperson’sappointmentandemploymenttoactasthechairpersonbeforethecommencementday(otherthanthedurationofthatappointment).(4)Until the person’s appointment to act as the
chairman of thecommission ends under subsection
(2)(b)—(a)a reference in a provision of this
part to the chairman istaken to be a reference to the person;
and(b)forthatpurpose,theprovisionapplieswithnecessarychanges.Current as at
[Not applicable]Page 377
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 403](5)Subsection (6)appliesifthepersonisappointedasacommissioner from the day the person’s
appointment undersubsection (2) ends.(6)The
period for which the person was appointed to act as thechairperson immediately before the
commencement day, andthe period of the person’s appointment
under subsection (2), isto be counted as a period for which
the person holds office inthecommissionasacommissionerforthepurposesofsection 231(3).403Part-time commissioners(1)Thissectionappliesifapersonwhowasapart-timecommissioner immediately before the
commencement day—(a)isappointedasacommissionerfromthecommencement day; or(b)isappointedtoactasacommissionerfromthecommencement day and is appointed as a
commissionerfrom when that acting appointment
ends.Note—Seesection 398inrelationtothecontinuationoftheperson’sappointment as a
part-time commissioner until the commencement day.(2)Theperiodforwhichthepersonwasapart-timecommissioner
immediately before the commencement day isto be counted as
a period for which the person holds office inthecommissionasacommissionerforthepurposesofsection 231(3).(3)Also,ifsubsection (1)(b)applies,theperiodforwhichthepersonwasappointedtoactasacommissionerfromthecommencement day is to be counted as a
period for which theperson holds office in the commission
as a commissioner forthe purposes of section 231(3).Page
378Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 404]404Acting part-time commissioners(1)This section applies if a person who
held an appointment toactasapart-timecommissionerimmediatelybeforethecommencement day—(a)isappointedasacommissionerfromthecommencement day; or(b)isappointedtoactasacommissionerfromthecommencement day and is appointed as a
commissionerfrom when that acting appointment
ends.Note—Seesection 398inrelationtothecontinuationoftheperson’sappointmenttoactasapart-timecommissioneruntilthecommencement day.(2)Theperiodforwhichthepersonwasappointedtoactasapart-timecommissionerimmediatelybeforethecommencement day is to be counted as a
period for which theperson holds office in the commission
as a commissioner forthe purposes of section 231(3).(3)Also,ifsubsection (1)(b)applies,theperiodforwhichthepersonwasappointedtoactasacommissionerfromthecommencement day is to be counted as a
period for which theperson holds office in the commission
as a commissioner forthe purposes of section 231(3).Subdivision 2New
appointments405Provision for selection processes for
roles ofcommissionersAnappointmentofapersonasacommissioneraftertheenactmentoftheamendmentActisnottobetakentobeinvalid only because action was taken
in relation to the fillingof the role of the commissioner before
the enactment.Current as at [Not applicable]Page
379
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 406]Subdivision 3Other provisions
about formercommissionersNotauthorised—indicativeonly406Hearing,
investigation or operation being conducted byformer
commissioner(1)Thissectionappliestoacommissionhearing,commissioninvestigationorspecificintelligenceoperationthat,immediatelybeforethecommencementday,wasbeingconducted by a
former commissioner.(2)Fromthestartofthecommencementday,thecommissionhearing,commissioninvestigationorspecificintelligenceoperationmaybecontinuedandbeconductedbythefollowing person
(thepresiding officer)—(a)for a commission hearing that is a
public hearing—(i)the chairman; or(ii)ifthechairmanconsidersitnecessaryfortheefficient operation of the
commission—a sessionalcommissionerorseniorexecutiveofficerasdecided by the chairman;(b)for
a commission hearing that is a closed hearing, any ofthe
following as decided by the chairman—(i)the
chairman;(ii)a sessional
commissioner;(iii)a senior
executive officer;(iv)anotherpersonqualifiedforappointmentasthechairman;(c)for
a commission investigation or specific intelligenceoperation—anappropriatelyqualifiedcommissionofficer decided
by the chairman.(3)Forsubsection
(2),anythingdonebytheformercommissionerinrelationtothecommissionhearing,commission investigation or specific
intelligence operation istaken to have been done by the
presiding officer.Page 380Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 407](4)In this section—conductedincludes undertaken.formercommissionermeansapersonwhowasanyofthefollowingunderthisActasinforcebeforethecommencement day—(a)the
acting chairperson;(b)a part-time commissioner;(c)an acting part-time
commissioner.407Things done by or in relation to
former commissioner(1)This section applies to anything done
by or in relation to aformer commissioner under an Act
(theempowering Act)—(a)whoseeffecthadnotendedimmediatelybeforethecommencement day; and(b)that, on and from the commencement
day, is somethingthatcanbedonebyorinrelationtoacommissionerunder the
empowering Act; and(c)thatisnototherwisedealtwithbyaprovisionofthisdivision.(2)The thing done by or in relation to
the former commissioner—(a)continues to
have effect; and(b)fromthestartofthecommencementday,istakentohave
been done by or in relation to—(i)if
the thing is something that may be done by or inrelationtothechairmanundertheempoweringAct—the
chairman; or(ii)if subparagraph
(i) does not apply and the thing issomething that
may be done by or in relation to thedeputy chairman
under the empowering Act—thedeputy chairman;
or(iii)if subparagraph
(i) does not apply and the thing issomething that
may be done by or in relation to theCurrent as at
[Not applicable]Page 381
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 408]chiefexecutiveofficerundertheempoweringAct—the chief
executive officer; or(iv)otherwise—a
commissioner.(3)In this section—formercommissionermeansapersonwhowasanyofthefollowingunderthisActasinforcebeforethecommencement day—(a)the
chairperson;(b)the acting chairperson;(c)a part-time commissioner;(d)an acting part-time
commissioner.Division 5Assistant
commissioners408Assistant commissioners continue as
senior executiveofficers(1)This
section applies to a person who, immediately before thecommencementday,holdsanappointmentasanassistantcommissioner.(2)At
the start of the commencement day, the appointment andemployment of the person as an assistant
commissioner ends.(3)Fromthestartofthecommencementday,thepersonisappointed as—(a)fortheassistantcommissioner(crime)—theseniorexecutive officer (crime); or(b)for the assistant commissioner
(misconduct)—the seniorexecutive officer (corruption).(4)The person is taken to be employed as
the senior executiveofficer (crime) or senior executive
officer (corruption) underthecontractunderwhichthepersonwasemployedasanassistant commissioner before the
commencement day.Page 382Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 408](5)Without limiting subsection (4), the
person’s appointment andemployment as the senior executive
officer (crime) or seniorexecutiveofficer(corruption)continuesonthesameterms,conditions and
entitlements as those applying to the person’sappointment and
employment as an assistant commissioner.(6)Also, the following applies for the
person—(a)the person retains and is entitled to
all rights, benefitsand entitlements that have accrued to
the person becauseoftheperson’spreviousemploymentasanassistantcommissioner,includingbecauseoftheoperationofsection 249(2)asinforcebeforethecommencementday;(b)theperson’saccruingrights,includingtosuperannuation or recreation, sick, long
service or otherleave, are not affected;(c)continuity of service is not interrupted,
except that theperson is not entitled to claim the benefit
of a right orentitlementmorethanonceinrelationtothesameperiod of
service;(d)theemploymentdoesnotconstituteaterminationofemployment or a retrenchment or
redundancy;(e)the person is not entitled to a
payment or other benefitbecauseheorsheisnolongeranassistantcommissioner;(f)section 249(3)asinforcebeforethecommencementday does not
apply to the person in relation to the personceasing to be an
assistant commissioner.Note—See also section
247(3C) in relation to counting time spent by a personasassistantcommissionerastimespentbythepersonasaseniorofficer.Current as at
[Not applicable]Page 383
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 409]409Acting assistant commissioners(1)This section applies to a person who,
immediately before thecommencementday,holdsanappointmenttoactasanassistant commissioner.(2)Atthestartofthecommencementday,theperson’sappointmentandemploymenttoactastheassistantcommissioner
ends.(3)If the person is appointed as a senior
officer, the period forwhichthepersonwasappointedtoactasanassistantcommissioner
immediately before the commencement day isto be counted as
a period for which the person holds office asthe senior
officer for the purposes of section 247.410Hearing, investigation or operation being
conducted byassistant commissioner(1)Thissectionappliestoacommissionhearing,commissioninvestigationorspecificintelligenceoperationthat,immediatelybeforethecommencementday,wasbeingconducted by an
assistant commissioner.(2)Fromthestartofthecommencementday,thecommissionhearing,commissioninvestigationorspecificintelligenceoperation may be
continued and be conducted by—(a)ifthehearing,investigationoroperationwasbeingconductedbytheassistantcommissioner(crime)—thesenior executive
officer (crime); or(b)ifthehearing,investigationoroperationwasbeingconductedbytheassistantcommissioner(misconduct)—the
senior executive officer (corruption).(3)Forsubsection (2),anythingdonebytheassistantcommissionerinrelationtothecommissionhearing,commission investigation or specific
intelligence operation istaken to have been done by—(a)ifthehearing,investigationoroperationwasbeingconductedbytheassistantcommissioner(crime)—thesenior executive
officer (crime); orPage 384Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 411](b)ifthehearing,investigationoroperationwasbeingconductedbytheassistantcommissioner(misconduct)—the
senior executive officer (corruption).(4)In
this section—conductedincludes
undertaken.411Things done by or in relation to
assistant commissioner(crime)(1)This
section applies to anything done by or in relation to theassistant commissioner (crime) under an Act
(theempoweringAct)—(a)whoseeffecthadnotendedimmediatelybeforethecommencement day; and(b)that, on and from the commencement
day, is somethingthat may be done by or in relation to the
senior executiveofficer (crime) under the empowering Act;
and(c)thatisnototherwisedealtwithbyaprovisionofthisdivision.(2)The thing done by or in relation to
the assistant commissioner(crime)—(a)continues to have effect; and(b)fromthestartofthecommencementday,istakentohave
been done by or in relation to the senior executiveofficer (crime).412Things done by or in relation to assistant
commissioner(misconduct)(1)This
section applies to anything done by or in relation to theassistantcommissioner(misconduct)underanAct(theempowering Act)—(a)whoseeffecthadnotendedimmediatelybeforethecommencement day; andCurrent as at [Not applicable]Page
385
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 413](b)that, on and from the commencement
day, is somethingthat may be done by or in relation to the
senior executiveofficer (corruption) under the empowering
Act; and(c)thatisnototherwisedealtwithbyaprovisionofthisdivision.(2)The thing done by or in relation to
the assistant commissioner(misconduct)—(a)continues to have effect; and(b)fromthestartofthecommencementday,istakentohave
been done by or in relation to the senior executiveofficer (corruption).Division 6Functions of parliamentarycommissioner413Investigations on parliamentary
commissioner’s owninitiativeSection
314(4)appliesonlyinrelationtoconduct,ofacommission officer, engaged in on or
after the commencementday.414Hearings conducted by parliamentary
commissioner(1)Section 318asinforceonthecommencementdayappliesonly in relation
to a matter that comes to the parliamentarycommissioner’sknowledgeonorafterthecommencementday.(2)Section 318asinforcebeforethecommencementdaycontinuestoapplyinrelationtoamatterthatcomes totheparliamentarycommissioner’sknowledgebeforethecommencement day, as if the amendment Act
had not beenenacted.Page 386Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 415]415Use of report of investigation
conducted byparliamentary commissionerSection 323Aappliesonlyinrelationtoareportofaninvestigation started on or after the
commencement day.Notauthorised—indicativeonlyDivision 7Other
provisions416Existing complaints(1)The commission or a public official
must deal with an existingcomplaint under this Act as in force
on the commencementday.(2)However,section
36(3)doesnotapplyinrelationtoanexisting complaint.(3)Also, section 216 as in force before
the commencement daycontinues to apply in relation to an
existing complaint.(4)Section 216Adoesnotapplyinrelationtoanexistingcomplaint, even
if the person who made the complaint takesfurtheractioninrelationtothecomplaintonorafterthecommencement day.(5)Ifanexistingcomplaintrelatestoconductthatwasofficialmisconduct
within the meaning of this Act as in force beforethe
commencement day but is not corrupt conduct within themeaning of this Act as in force on the
commencement day—(a)anything done by the commission or
public official inrelation to the complaint before the
commencement dayis not invalidated by the amendment of this
Act by theamendment Act; but(b)the
commission or public official must take no action ordiscontinueactionunderthisActinrelationtothecomplaint.(6)Subsection (5)(b) does not affect a public
official’s functionsor powers about dealing with the
complaint other than underthis Act.(7)In
this section—Current as at [Not applicable]Page
387
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 417]existingcomplaintmeanseitherofthefollowingmadeorreferredtothecommission,butnotfinallydealtwith,immediately
before the commencement day—(a)a
complaint under section 36;(b)acomplaintmadetoanotherentitythatisunderanobligation to refer the complaint to the
commission.417Initial research planThecommissionmustpreparearesearchplanundersection 52 for
the period comprising—(a)the period
starting from the start of the commencementday and ending
at the end of the financial year in whichcommencement
happens; and(b)the following 2 financial
years.418Investigation of holders of judicial
officersSection 58(3) applies only in relation to
conduct of a judicialofficer engaged in on or after the
commencement day.419Notifying parliamentary committee of
improper conduct(1)Subsection (2) applies if—(a)beforethecommencementday,thechairpersonofthecommission suspected conduct of a
commission officerinvolved,ormayhaveinvolved,improperconductwithin the meaning of former section 329;
and(b)immediatelybeforethecommencementday,thechairpersonhadnotnotifiedtheparliamentarycommittee of the
conduct under former section 329.(2)Former section 329 applies in relation to
the conduct as if thereference to the chairperson were a
reference to the chairman.(3)Newsection 329appliesinrelationtotheconductofacommission officer engaged in before
the commencement dayPage 388Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 420]only
if the chairperson was not aware of the conduct beforethe
commencement day.(4)In this section—former section
329means section 329 as in force before
thecommencement day.newsection 329meanssection 329asinforceatthecommencement day.420Disciplinary action(1)Chapter 6, part 1, division 9 applies in
relation to a relevantcommission officer—(a)regardless of whether the officer’s
employment with thecommissionstartedbefore,onorafterthecommencement day; and(b)despite the terms and conditions applying to
the officer’semploymentimmediatelybeforethecommencementday.(2)However,thechiefexecutiveofficermaytakedisciplinaryaction against a
relevant commission officer under chapter 6,part1,division9onlyinrelationtoadisciplinarygroundarising on or after the commencement
day.(3)In this section—disciplinary
groundsee section 273A.employmentsee section
273A.relevant commissionofficer see
section 273A.421Declaration about s 385(1)From the start of the commencement
day, section 385 appliestoacorruptionhearingasifareferenceinthesectiontoamisconduct hearing were a reference to
a corruption hearing.(2)In this
section—Current as at [Not applicable]Page
389
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 422]corruptionhearingmeansacommissionhearinginthecontext of a
corruption investigation.422Application of
Public Interest Disclosure Act 2010(1)Thissectionappliesif,beforethecommencementday,aperson made a disclosure under
thePublic Interest DisclosureAct
2010, section 17 about conduct of another person
that—(a)could,ifproved,beofficialmisconductwithinthemeaningofthisActasinforcebeforethecommencement day; but(b)wouldnot,ifproved,becorruptconductwithinthemeaning of this Act as in force on the
commencementday.(2)ThePublic Interest Disclosure Act
2010continues to apply inrelationtothedisclosureasiftheamendmentActhadnotbeen
enacted.Part 12Electoral and
Other LegislationAmendment Act 2015423Chairman’s pension entitlements(1)Chapter 6, part 1, division 2,
subdivision 3, applies to a personappointed as the
chairman after 27 March 2015.(2)Section 238C(b) applies to a period for
which a person actedas the chairman only if the
appointment to act started after 27March
2015.Page 390Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
13Crime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 424]Crime and CorruptionAmendment Act
2016424Chief executive officer(1)This section applies in relation to a
person who, immediatelybefore the commencement, held office
as a commissioner andthechiefexecutiveofficerunderanappointmentbytheGovernor in Council.(2)On the commencement, the appointment
as a commissionerends.(3)The
appointment, to the extent it relates to the office of chiefexecutiveofficer,continuesundersection229untilitendsunder this
Act.425Acting appointmentsSection 237(2) does not apply to an
appointment made undersection 237 before the commencement
that is still in effect onthe commencement.426References to chair titles(1)AreferenceinanActordocumenttothechairmanofthecrime and corruption commission may,
if the context permits,be taken to be a reference to the
chairperson.(2)A reference in an Act or document to a
person who was thechairman of the crime and corruption
commission may, if thecontextpermits,betakentoincludeapersonwhowasthechairman of the
crime and corruption commission.Current as at
[Not applicable]Page 391
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 427]Part
14Serious and Organised CrimeLegislation Amendment Act2016Division 1General427Authorisation by chairperson of immediate
responsefunction(1)This
section applies if—(a)before the commencement, the
chairperson authorised,under section 55F, a crime
investigation or the holdingof an
intelligence hearing (or both) in response to, or toprevent, a threat to public safety;
and(b)on the commencement, the investigation
or hearing wasnot finalised.(2)The
investigation or hearing is taken to have been authorisedby
the reference committee under section 55D.428Refusal to comply with notice to produce for
fear ofreprisal(1)This
section applies if—(a)before the commencement, a person was
given a noticeto produce under section 74; and(b)immediately before the commencement,
the person hadnotcompliedwiththenoticetoproduceandhadnotbeen convicted
of an offence against section 74(5).(2)Section 74, as amended by theSerious and Organised CrimeLegislationAmendmentAct2016,appliesinrelationtothenotice to produce.Page 392Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 429]429Refusal to comply with attendance
notice for fear ofreprisal(1)This
section applies if—(a)beforethecommencement,apersonwasgivenanattendance notice under section 82;
and(b)immediately before the commencement,
the person hadnotcompliedwiththeattendancenoticeandhadnotbeen
convicted of an offence against section 82(5).(2)Section 82, as amended by theSerious and Organised CrimeLegislationAmendmentAct2016,appliesinrelationtotheattendance notice.430Refusal to comply with requirement to
produce stateddocument or thing for fear of
reprisal(1)This section applies if—(a)beforethecommencement,apersonwasrequiredtoproduceastateddocumentorthingatacommissionhearingunderanattendancenoticeorasection75Brequirement; and(b)immediately before the commencement, the
person hadnotcompliedwiththerequirementandhadnotbeenconvicted of an offence against section
185(1).(2)Section 185, as amended by theSerious and Organised CrimeLegislationAmendmentAct2016,appliesinrelationtotherequirement.431Refusal to answer question for fear of
reprisal(1)This section applies if—(a)beforethecommencement,awitnessatacommissionhearingwasrequiredtoansweraquestionputtotheperson at the
hearing by the presiding officer; andCurrent as at
[Not applicable]Page 393
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 432](b)immediately before the commencement,
the person hadnot answered the question and had not been
convicted ofan offence against section 190(1).(2)Section 190, as amended by theSerious and Organised CrimeLegislationAmendmentAct2016,appliesinrelationtotherequirement.432Punishment for contempt(1)To
remove any doubt, it is declared that for section 199(8B),as
amended by theSerious and Organised Crime
LegislationAmendment Act 2016—(a)a first contempt means a first
contempt committed afterthecommencementoftheCriminalLaw(CriminalOrganisations
Disruption) Amendment Act 2013; and(b)a second contempt means a second
contempt committedafter the commencement of theCriminal Law (CriminalOrganisations
Disruption) Amendment Act 2013; and(c)athirdorsubsequentcontemptmeansathirdorsubsequentcontemptcommittedafterthecommencementoftheCriminalLaw(CriminalOrganisations
Disruption) Amendment Act 2013.(2)Also, section 199, as amended by
theSerious and OrganisedCrimeLegislationAmendmentAct2016,appliestoaproceeding for a contempt that has not
been finalised beforethecommencement,whetherthecontemptwascommittedbefore or after
the commencement.433Commission must give evidence to
defenceSection 201, as amended by theSerious and Organised CrimeLegislationAmendmentAct2016, applies to
anything statedat, or a document or thing produced at, a
commission hearing,whetherthecommissionhearingstartedbeforeorafterthecommencement.Page 394Current as at [Not applicable]
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 434]Division 2Proceedings for
offences andcontempts relating to fear ofreprisalNotauthorised—indicativeonly434Definitions for divisionIn
this division—fear of reprisal, of a person,
means fear, genuinely held, of—(a)personalphysicalharmordamagetotheperson’sproperty;
or(b)physicalharmtosomeoneelse,ordamagetotheproperty of someone else, with whom
the person has aconnection or bond.pre-amendedActmeansthisActasinforcebeforethecommencement.requirement the
subject of the contemptmeans—(a)foracontemptconstitutedbyafailurebyaperson,under section
183, to take an oath when required by thepresiding
officer—the requirement to take the oath; or(b)foracontemptconstitutedbyafailurebyaperson,under section
185 or 188, to produce a stated documentorthingatacommissionhearingunderanattendancenotice or a
section 75B requirement without reasonableexcuse—therequirementtoproducethestateddocument or
thing; or(c)foracontemptconstitutedbyafailurebyaperson,under section
190 or 192, to answer a question put to thepersonatthehearingbythepresidingofficerwithoutreasonable excuse or lawful excuse—the
requirement toanswer the question.requirement the
subject of the offencemeans—(a)for
an offence against section 74(5) of the pre-amendedAct—therequirementtocomplywiththenoticetoproduce under section 74(2) of the
pre-amended Act; orCurrent as at [Not applicable]Page
395
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 435](b)for an offence against section 82(5)
of the pre-amendedAct—therequirementtocomplywiththeattendancenotice under
section 82(1) of the pre-amended Act; or(c)for
an offence against section 185(1) of the pre-amendedAct—the requirement to produce a stated
document orthingatthecommissionhearingundertheattendancenoticeorsection75Brequirementgivenunderthepre-amended Act; or(d)for
an offence against section 190(1) of the pre-amendedAct—therequirementtoansweraquestionputtothepersonatthecommissionhearingunderthepre-amended Act by the presiding
officer.435Application of division(1)This division applies if—(a)a person has been convicted of an
offence against thepre-amendedAct,section74(5),82(5),185(1)or190(1); and(b)at
the time of failing to comply with the requirement thesubjectoftheoffence,thepersonmayhavehadareasonableexcuseforfailingtocomplywiththerequirement based on the person’s fear
of reprisal.(2)This division also applies if—(a)a person has been found guilty under
section 199(8) bythe Supreme Court of a contempt of the
presiding officerconstituted by—(i)a
failure by the person, under section 183, to takean
oath when required by the presiding officer; or(ii)a
failure by the person, under section 185 or 188, toproduceastateddocumentorthingatacommission hearing under an attendance
notice orasection75Brequirementwithoutreasonableexcuse;
orPage 396Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 436](iii)a failure by the
person, under section 190 or 192, toanswer a
question put to the person at the hearingby the presiding
officer without reasonable excuseor lawful
excuse; and(b)at the time of failing to comply with
the requirement thesubjectofthecontempt,thepersonmayhavehadareasonableexcuseforfailingtocomplywiththerequirement based on the person’s fear
of reprisal.(3)Forsubsection(1)(b)and(2)(b),itdoesnotmatterifthereasonable excuse based on the fear of
reprisal is raised by theperson for the first time in an
application under this division.436Application to Supreme Court(1)The person may apply to the Supreme
Court—(a)foranoffencementionedinsection435(1)(a)—tosetaside the conviction for the offence on the
grounds theperson,atthetimeoffailingtocomplywiththerequirement the subject of the
offence, had a reasonableexcuse, based on the person’s fear of
reprisal, for failingto comply with the requirement;
or(b)for a contempt mentioned in section
435(2)(a)—to setasidethefindingofguiltandanypunishmentforthecontempt imposed by the court under
section 199(8) onthe grounds the person, at the time of
failing to complywith the requirement the subject of the
contempt, had areasonable excuse, based on the person’s
fear of reprisal,for failing to comply with the
requirement.(2)Theapplicationmustbemadewithin3monthsafterthecommencement.(3)The
court may, at any time, extend the period mentioned insubsection (2).(4)Thecourtmustgiveacopyoftheapplicationtothecommission.Current as at
[Not applicable]Page 397
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 437](5)Within 10 business days after the
making of the application,the court must give directions to
enable the application to beheard.(6)Subject to any directions given by the
court, the applicationmust be heard within 20 business days
after the day on whichthe application is made.437Hearing—offence(1)On
the hearing of an application under section 436(1)(a) to setaside a conviction for the offence, the
Supreme Court may—(a)set aside the conviction; or(b)confirm the conviction.(2)Thecourtmayhaveregardtoanymaterialrelevanttotheapplication.438Hearing—contempt(1)On
the hearing of an application under section 436(1)(b) to setaside the finding of guilt and any
punishment for the contemptimposed by the
court under section 199(8), the Supreme Courtmay—(a)set aside the finding of guilt and the
punishment; or(b)confirm the finding of guilt and the
punishment.(2)Thecourtmayhaveregardtoanymaterialrelevanttotheapplication.439AppealsApersonmakinganapplicationundersection436,ortheAttorney-General, may appeal to the Court of
Appeal againsta decision of the Supreme Court under
section 437 or 438 onany ground which involves a question
of law alone.Page 398Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 440]440No cause of actionNocauseofactionmaybestartedorcontinuedagainsttheStateinrelationtoanyperiodofimprisonmentthepersonmayhaveactuallyservedinrelationtoaconvictionforanoffence, or a finding of guilt and
imposition of punishment forcontempt, set
aside under this division.Part 15Crime and
Corruption andOther Legislation AmendmentAct
2018Division 1Amendments
commencing onassent441Corruption functions(1)The
commission may perform its corruption functions undersection 33(2) in relation to conduct that
happened, or that issuspected to have happened, before the
commencement.(2)ThisActasinforcefromthecommencementappliestoacorruption
investigation—(a)started but not finished before the
commencement; or(b)startedafterthecommencementinrelationtoconductthathappened,orthatissuspectedtohavehappened,before the commencement.442Reports to prosecuting authorities(1)Thissectionappliesif,beforethecommencement,thecommissionreportedonaninvestigationofacomplaintabout,orinformationormatterinvolving,corruptiontothedirectorofpublicprosecutionsundersection49(2)(a)asinforce before the
commencement.Current as at [Not applicable]Page
399
Crime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 443](2)Section49(5)asinforceimmediatelybeforethecommencement continues to apply in
relation to the mattersthe subject of the report.Notauthorised—indicativeonly443QCAT orders
about corrupt conductQCATmaymakeanorderundersection219Iagainstaprescribed person, as defined under section
50(3), in relationto corrupt conduct whether or not the person
was a prescribedpersonundersection50asinforcewhentheconducthappened.444Period for starting proceedings
relating to reviewabledecisions(1)Section219G(2)asinforcebeforethecommencementcontinues to
apply to a reviewable decision made before thecommencement.(2)Section 219G(2) as in force from the
commencement appliesinrelationtoareviewabledecisionmadeafterthecommencementevenifthedecisionrelatestoconductthathappened before the commencement.445Disciplinary action against a relevant
commission officerwho was a relevant employee(1)This section applies to a person who
is a relevant commissionofficer and was a relevant
employee.(2)Thepersonmaybedisciplinedunderchapter6,part1,division9,subdivision3onlyinrelationtoarelevantdisciplinary
ground arising on or after 3 February 2017.Note—Particular provisions of the Public Service
Act 2008 about disciplinaryaction have
applied to the commission, as a public service office underthat
Act, since 3 February 2017.(3)However,iftherelevantdisciplinarygroundarisingonorafter 3 February 2017 relates to
conduct that is a part of acourse of
conduct that also includes conduct giving rise to aPage
400Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 446]relevant disciplinary ground arising before
3 February 2017,thepersonmaybedisciplinedunderchapter6,part1,division 9, subdivision 3 in relation to all
of the grounds as ifthey all arose on or after 3 February
2017.(4)Subsection(3)doesnotapplyinrelationtoarelevantdisciplinarygroundarisingbefore3February2017ifdisciplinary action has been, or is
being, taken in relation tothe ground under
this Act or a relevant disciplinary law forthe person
within the meaning of section 273AA(3).(5)If,atthecommencement,thechairpersonistakingdisciplinary
action under the Public Service Act 2008, section187A
or 188AB in relation to a person to whom this sectionapplies—(a)the
chairperson must stop taking the disciplinary actionunder the Public Service Act 2008;
and(b)the disciplinary action may be
continued under chapter6, part 1, division 9, subdivision 3;
and(c)anythingdoneunderthePublicServiceAct2008inrelation to the disciplinary action by the
chairperson istakentohavebeendoneunderchapter6,part1,division 9, subdivision 3 by the chief
executive officer.(6)In this section—relevant
commission officersee section 273A.relevant
employeesee section 273A.446Sharing disciplinary information(1)Sections 273DA and 273DB apply only in
relation to a requestfor information made after the
commencement.(2)However,arequestmentionedincolumn1madebutnotcompliedwithbeforethecommencementistakentobearequestmentionedincolumn2madeafterthecommencement—Current as at
[Not applicable]Page 401
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 447]Column 1Column 2requestunderthePublicServicerequest under section 273DA to theAct2008,section188Btothechief executive officerchairperson in relation to a personwhoisorwasarelevantcommission officerrequestunderthePublicServicerequestundersection273DBbyAct2008,section188Bbythethe chief
executive officerchairperson in relation to a personwho
is or was a relevant employee447Notification of prosecution proceedings by
relevantprosecuting authorities(1)Section273Happliesonlyinrelationtoapersonchargedwith
a relevant offence on or after 3 February 2017.Note—ThePublicServiceAct2008,section170hasappliedtothecommission, as a
public service office under that Act, in relation to allof
the commission’s employees since 3 February 2017.(2)AwrittennoticegiventothechairpersonunderthePublicService Act
2008, section 170—(a)is, from the commencement, taken to
have been given tothe chief executive officer under section
273H; and(b)maybedealtwithbythechiefexecutiveofficerunderthis Act.448Liability of officials and
others(1)Current section 335 does not apply to
conduct, or the result ofconduct,engagedinbyaprotectedentitybeforethecommencement.(2)Previoussection335continuestoapplytoanactdone,oromission made, by an official before
the commencement.Page 402Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 449](3)Also,thePublicServiceAct2008,section26Ccontinuestoapply to conduct engaged in by a commission
officer beforethe commencement.(4)However,ifaprotectedentityengagesinconducttowhichcurrent section
335 applies after the commencement and theconductisapartofacourseofconductthatalsoincludesconduct engaged in before the commencement,
current section335 applies to all of the conductas
if it was all engaged inafter the commencement.(5)A term used in this section in
relation to current section 335orprevioussection335hasthemeaningithasunderthatsection.(6)In
this section—current section 335meanssection335asinforcefromthecommencement.previous section
335means section 335 as in force before
thecommencement.Division 2Amendments commencing byproclamation449Existing complaints about corrupt
conduct(1)This section applies to the
following—(a)a complaint about corrupt conduct made
or referred tothecommission,butnotfinallydealtwith,beforethecommencement;(b)acomplaintthatapublicofficialreasonablysuspectsinvolves, or may involve, corrupt conduct
that was madeor referred to the public official, but not
notified, beforethe commencement.(2)Thecomplaintmustbedealtwithand,foracomplaintmentionedinsubsection(1)(b),notifiedinthecontextofcorrupt conduct within the meaning of
section 15 as in forceon the commencement.Current as at [Not applicable]Page
403
Notauthorised—indicativeonlyCrime and Corruption Act 2001Chapter 8 Repeals and transitional,
declaratory, and savings provisions[s 450](3)In this section—complaint,
about corrupt conduct, includes information or amatter involving corrupt conduct.dealt withmeans dealt with
under this Act.notifiedmeansnotifiedtothecommissionunderchapter2,part
3, division 3.450Existing disciplinary proceedings
about corrupt conduct(1)Thissectionappliestoadisciplinaryproceedingaboutcorruptconductstarted,butnotfinished,beforethecommencement.(2)QCATmusthearanddecidethedisciplinaryproceedingunderthisActinthecontextofcorruptconductwithinthemeaning of section 15 as in force before the
commencement.(3)In this section—disciplinary
proceedingmeans disciplinary proceeding withinthemeaningofsection219Basinforcebeforethecommencement.Page 404Current as at [Not applicable]
Schedule 2DictionaryCrime and
Corruption Act 2001Schedule 2Notauthorised—indicativeonlysection 12access
information, for chapter 3, part 2, see section
85A.acquire, for chapter 3,
part 6B, div 1, see section 146Q.agency,
for chapter 3, part 6B, div 1, see section 146Q.appointment, for chapter 1,
part 4, division 2, see section 14.appropriatelyqualified,foradelegationofpowerorcommittee membership under section 279,
means having thequalifications, experience or standing
appropriate to exercisethe power or to be appointed.Example of standing—the level at
which a person is employed in the commissionapproving
officersee section 139(2).arrest
warrantsee section 167(1).at, a
place, includes in or on the place.attendance
noticesee section 82.Australian Crime
Commissionmeans the Australian CrimeCommissionestablishedundertheAustralianCrimeCommission Act 2002(Cwlth), section
7.authorisedcivilian,forchapter3,part6B,div1,seesection 146Q.authorised
commission officersee section 272.authorised
identity officer, for chapter 3, part 6B, div 1, seesection 146Q.authorisedperson,forchapter3,part6B,div1,seesection 146Q.authority,
for chapter 3, part 6B, div 1, see section 146Q.benefitincludes
property, advantage, service, entertainment,the use of or
access to property or facilities, and anything ofCurrent as at [Not applicable]Page
405
Crime
and Corruption Act 2001Schedule 2Notauthorised—indicativeonlyPage 406benefittoapersonwhetherornotithasanyinherentortangible value, purpose or attribute.bipartisan support, of the
parliamentary committee, means—(a)support of the members of the parliamentary
committeeunanimously; or(b)supportofamajorityofthemembers,otherthanamajority consisting wholly of members of the
politicalpartyorpartiesingovernmentintheLegislativeAssembly.birth certificate approval,
for chapter 3, part 6B, div 1, seesection
146Q.boatincludes a ship
or other vessel of any size or type andhowever
propelled or moved, including, for example, a rowingboat, a hovercraft and a submersible
vessel.chairpersonmeans the person
appointed as the chairperson ofthe commission
under this Act.chiefexecutiveofficermeansthepersonappointedasthechief executive
officer of the commission under this Act.civilconfiscationfunctionmeansthefunctionofinvestigatingconfiscationrelatedactivitiesfortheenforcement of the Confiscation
Act.commissionmeans the Crime
and Corruption Commission.commissionermeans a person
appointed as a commissionerof the
commission under this Act.commissioner of policemeans the commissioner of the policeservice.commissionhearingmeansahearingconductedbythecommission under
this Act.commission officer—(a)means, generally—(i)a
commissioner; or(ii)a sessional
commissioner; or(iii)the chief
executive officer; orCurrent as at [Not
applicable]
Crime
and Corruption Act 2001Schedule 2Notauthorised—indicativeonly(iv)a senior
officer; or(v)a person employed under section 254 or
secondedunder section 255; or(vi)a
person engaged under section 256; or(vii) a police
officer authorised by the chairman undersection 272(2);
and(b)insections
295,305(3),314(2)(b)(ii),318(4),321(2),322(3), 329 and
331(3), includes—(i)a former commission officer;
and(ii)a person who was
a commissioner or an officer ofthecommissionundertheCriminalJusticeAct1989; and(iii)apersonwhowasengagedbythecommissionundertheCriminalJusticeAct1989,section 66;and(iv)apersonwhowasacommissionmember,oranofficeroremployeeoftheQueenslandcrimecommission,undertheCrimeCommissionAct1997; and(c)in chapter 3, part 6A—includes an
officer or employeeof a declared agency.Note—The
reference to a declared agency is a reference to a declaredagencywithinthemeaningofthattermasinsertedbytheCross-BorderLawEnforcementLegislationAmendmentAct2005.commissionreportmeansareportpreparedbythecommission under
chapter 2, part 6.conduct, for chapter 1,
part 4, division 2, see section 14.conduct,
for chapter 3, part 6B, div 1, see section 146Q.confidentiality,inrelationtothegroundofconfidentiality,means a ground
recognised at law that giving an answer ordisclosing a
communication or document, would be a breachofanoathtakenorstatutoryorcommercialobligationorrestriction to maintain secrecy.Current as at [Not applicable]Page
407
Notauthorised—indicativeonlyCrime and Corruption Act 2001Schedule 2Confiscation
Actmeans theCriminal
Proceeds ConfiscationAct 2002.confiscation ordermeans—(a)any of the following orders under the
Confiscation Act,chapter 2—(i)a
restraining order;(ii)a forfeiture
order;(iii)a proceeds
assessment order;(iv)an unexplained
wealth order; or(b)any of the following orders under the
Confiscation Act,chapter 2A—(i)a
restraining order;(ii)a serious drug
offender confiscation order.confiscation
related activitymeans an activity in relation towhichaconfiscationordermaybesoughtundertheConfiscation Act, chapter 2.confiscation related evidence—1Confiscation
related evidencemeans a thing or evidenceofanactivitythatmaybeorprovideevidenceofsomethingforwhichaproceedingforaconfiscationorder may be
started under the Confiscation Act, chapter2 and includes
each of the following—(a)athinginwhichapersonhasaninterestthatisserious crime derived property;(b)athinginwhichapersonhasaninterestthatisillegally acquired property of a
person reasonablysuspectedofhavingengagedinaseriouscrimerelated
activity;(c)evidence of a serious crime related
activity;(d)evidence of illegal activity of a
person reasonablysuspectedofhavingengagedinaseriouscrimerelated
activity;Page 408Current as at
[Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Schedule 2(e)property that is restrained under a
restraining orderunder the Confiscation Act.2The following are alsoconfiscation related evidence—(a)athingthatmaybeorprovideevidenceofasuspectedqualifyingoffenceforwhichaproceeding for a confiscation order may be
startedunder the Confiscation Act, chapter
2A;(b)evidenceofpropertythatmaybesubjecttorestraint or forfeiture under a
confiscation order forwhichaproceedingmaybestartedundertheConfiscation Act, chapter 2A.confiscation related investigationmeans an investigation thecommission is conducting for the
Confiscation Act, chapter 2or 2A.controlled activitysee section
146I(1)(b).controlled operationsee section
139(1).convicted,ofanoffence,meansbeingfoundguiltyoftheoffence,onapleaofguiltyorotherwise,whetherornotaconviction is recorded.corrupt
conductsee section 15.corruptionmeans corrupt
conduct or police misconduct.corruption
functionssee section 33.corruption
investigationmeans an investigation conducted bythe
commission in the performance of a corruption function.corruptionoffencemeansallegedorsuspectedcriminalconduct that may be—(a)corrupt conduct; or(b)misconduct under thePolice Service
Administration Act1990.court daymeans a day on
which the court registry is open forbusiness.Current as at [Not applicable]Page
409
Notauthorised—indicativeonlyCrime and Corruption Act 2001Schedule 2covertoperativemeansacommissionofficeroranotherpersonnamedinanapprovalundersection 144asacovertoperative.covert search
warrantsee section 148.CrimeandCorruptionCommissionmeanstheCrimeandCorruption Commission established under
section 220.crime functionsee section
25.crime investigationmeans an
investigation conducted by thecommission in
the performance of its crime function.criminal
history, of a person, means—(a)everyconvictionofthepersonforanoffence,inQueenslandorelsewhere,andwhetherbeforeorafterthe commencement
of this Act; and(b)every charge made against the person
for an offence, inQueenslandorelsewhere,andwhetherbeforeorafterthe commencement
of this Act.criminalorganisationseethePenaltiesandSentencesAct1992, section
161O.criminal paedophilia—1Criminalpaedophiliameanscriminalactivitythatinvolves any of
the following—(a)offences of a sexual nature committed
in relation tochildren; or(b)offencesrelatingtoobscenematerialdepictingchildren.2ItisimmaterialwhethertheoffenceiscommittedinQueensland or elsewhere if the offender or
the child isordinarily resident in Queensland.datasurveillancedevicemeansanyinstrument,apparatus,equipment,
program or other thing capable of being used torecordormonitor,otherthanthroughvisualrecordingormonitoring,theinputofinformationinto,ortheoutputofinformation from, a computer.Page
410Current as at [Not applicable]
Crime
and Corruption Act 2001Schedule 2Notauthorised—indicativeonlydealwith,acomplaintaboutcorruptionorinformationormatter involving corruption,
includes—(a)investigate the complaint, information
or matter; and(b)gather evidence for—(i)prosecutions for offences; or(ii)disciplinary
proceedings; and(c)referthecomplaint,informationormattertoanappropriateauthoritytostartaprosecutionordisciplinary proceeding; and(d)start a disciplinary proceeding;
and(e)takeotheraction,includingmanagerialaction,toaddress the complaint in an
appropriate way.declaredagencymeansanentityprescribedunderaregulation as a declared agency for
this Act.deputy chairpersonmeans the person
appointed as the deputychairperson of the commission under
this Act.deputy public interest monitormeans a person appointed as adeputy public interest monitor under section
324.detriment, caused to a
person, includes detriment caused to aperson’s
property.disciplinaryaction,forchapter6,part1,division9,seesection 273C(1).disciplinaryfinding,forchapter6,part1,division9generally, see section 273A.disciplinaryground,forchapter6,part1,division9,seesection 273A.disciplinaryproceeding,forchapter5,part2,seesection 219B.doinga
thing, for chapter 3, part 6B, div 1, see section 146Q.dwelling—1Adwellingincludes a building or other structure, or
partofabuildingorotherstructure,keptbytheownerorCurrent as at [Not applicable]Page
411
Notauthorised—indicativeonlyCrime and Corruption Act 2001Schedule 2occupier(theowner)asaresidencefortheowner,amemberoftheowner’sfamilyoranemployeeoftheowner.2Indecidingwhetherabuildingorotherstructureisadwelling,itisimmaterialthatthebuildingorotherstructure is
from time to time uninhabited.3A
building or other structure adjacent to, and occupiedwith, a dwelling is part of the dwelling if
it is connectedtothedwelling,whetherdirectlyorbyacoveredandenclosed passage leading from the one to the
other, butnot otherwise.4Adwellingalso includes a
boat (other than an externaldeckoftheboat)usedorkeptasaresidencefortheowner, a member of the owner’s family
or an employeeof the owner.employee,
for chapter 3, part 2, see section 85A.employment,forchapter6,part1,division9,seesection 273A.entera
place, includes re-enter the place.evidence—(a)ofthecommissionofmajorcrimeorcorruption,includes—(i)a thing or activity that is or may
provide evidenceofthecommissionofthemajorcrimeorcorruption; and(ii)athingthatwill,itselforbyoronscientificexamination,
provide evidence of the commissionof the major
crime or corruption; and(iii)a thing that is
intended to be used for the purposeof committing
the major crime or corruption; and(iv)a
thing that may be liable to forfeiture; or(b)of
identity, for chapter 3, part 6B, see section 146Q.forfeiture proceedingmeans—Page
412Current as at [Not applicable]
Crime
and Corruption Act 2001Schedule 2Notauthorised—indicativeonly(a)a proceeding for a forfeiture order or
a restraining orderunder the Confiscation Act; or(b)aproceedingforanorderforfeitingorrestrainingtheuse
of property under another Act.formerchairperson,forchapter6,part1,division2,subdivision 3, see section 238A.former commission officermeans a person who was but is nolongeracommissionofficerunderthisAct,including,forexample, a person who was an assistant
commissioner underthisActasinforcebeforethecommencementofthisdefinition.formerrelevantcommissionofficer,forchapter6,part1,division 9, see section 273D(1)(a).generalreferral,forchapter2,part2,division2,seesection 27(4).government
issuing agency, for chapter 3, part 6B, div 1, seesection 146Q.holderofanappointmentmeanstheholderofanappointment in a unit of public
administration as mentioned insection
21.illegally acquired propertymeans illegally acquired propertyunder the Confiscation Act.independentmember,ofthecommittee,meanstheindependent member of the controlled
operations committeeunder thePolice Powers
and Responsibilities Act 2000.industrial matter, for chapter 5,
part 2, see section 219B.ineligible personmeans any of the
following—(a)a person who has been convicted,
including by summaryconviction, of an indictable
offence;(b)a person who is an insolvent under
administration;(c)a person holding judicial
appointment;(d)a member of the Legislative Assembly
or the ExecutiveCouncil;Current as at
[Not applicable]Page 413
Crime
and Corruption Act 2001Schedule 2Notauthorised—indicativeonlyPage 414(e)the
parliamentary commissioner;(f)apersonappointedasthepublicinterestmonitororadeputypublicinterestmonitorunderthisActorthePolice Powers
and Responsibilities Act 2000;(fa)a person
appointed to act as the public interest monitoror a deputy
public interest monitor under this Act or thePolice Powers
and Responsibilities Act 2000;(g)the director of public
prosecutions;(h)a member of the police service, or,
other than in relationtoappointmentasaseniorofficer,apersonwhohasbeen a member of the police service
within the 5 yearsbefore the time at which the person’s
qualification forappointment arises;(i)a
public service employee;(j)apersonwhoholdsanappointmentonthestaffofaMinister;(k)a
local government councillor;(l)a
local government employee.insolventunderadministrationseetheCorporationsAct,section 9.install, a
surveillance device, includes maintain, replace andremove the device.intelligencefunctionhearingmeansahearingauthorisedunder section
55A or 55D(2).intelligence functionssee section
53.investigateincludes examine
and consider.issuer, for chapter 3,
part 2, see section 86(6).issuingagency,forchapter3,part6B,div1,seesection 146Q.judge,forchapter6,part1,division2,subdivision3,seesection 238A.JudgesPensionsAct,forchapter6,part1,division2,subdivision 3, see section 238A.Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Schedule 2Leader of the
Housemeans the member who is recognised inthe
Legislative Assembly as the Leader of the House.LeaderoftheOppositionmeansthememberwhoisrecognised in the Legislative Assembly
as the Leader of theOpposition.listening
devicemeans any instrument, apparatus,
equipmentor device capable of being used to overhear,
record, monitoror listen to a private conversation when it
is taking place.major crimemeans—(a)criminalactivitythatinvolvesanindictableoffencepunishable on conviction by a term of
imprisonment notless than 14 years; or(b)criminal paedophilia; or(c)organised crime; or(d)terrorism; or(e)something that is—(i)preparatorytothecommissionofcriminalpaedophilia,
organised crime or terrorism; or(ii)undertakentoavoiddetectionof,orprosecutionfor,criminalpaedophilia,organisedcrimeorterrorism.member,foracommissionhearing,meansthepersonconducting the
hearing.monitormeans the public
interest monitor or a deputy publicinterest
monitor.monitoring ordersee section
119C.non-government issuing agency,
for chapter 3, part 6B, div 1,see section
146Q.noticemeans written
notice.notice to discoversee section
75.notice to produce—Current as at [Not applicable]Page
415
Notauthorised—indicativeonlyCrime and Corruption Act 2001Schedule 2(a)foracrimeinvestigation,aspecificintelligenceoperation(crime)orthewitnessprotectionfunction—see
section 74; or(b)foraconfiscationrelatedinvestigation—seesection
74A.obscene material, depicting
children, includes—(a)a child abuse computer game under
theClassification ofComputer Games
and Images Act 1995; and(b)achildabusepublicationundertheClassificationofPublications Act 1991; and(c)a child abuse film under theClassification of Films Act1991.obstructincludes the
following—(a)hinder;(b)attempt to obstruct.officer—(a)for chapter 3,
part 6B, division 1, see section 146Q; or(b)for
chapter 5, part 2, see section 219B; or(c)for
chapter 6, part 1, division 2, see section 222A.ordinarycommissionermeansapersonappointedasanordinary
commissioner of the commission under this Act.organised
crimemeans criminal activity that
involves—(a)indictable offences punishable on
conviction by a termof imprisonment not less than 7 years;
and(b)2 or more persons; and(c)substantial planning and organisation
or systematic andcontinuing activity; and(d)a
purpose to obtain profit, gain, power or influence.otherwiseunlawfulactivitymeansanunlawfulactoromission of a person for which—Page
416Current as at [Not applicable]
Crime
and Corruption Act 2001Schedule 2Notauthorised—indicativeonly(a)because of chapter 3, part 6A it would
be unlawful forthe person to do or omit; or(b)because of chapter 3, part 6A it would
be lawful for theperson to do or omit.other witness
protection activities, of the commission, meansactivities of the commission under
theWitness Protection Act2000relating to interim protection agreements or
short-termprotection arrangements within the meaning
of that Act.parliamentary commissionermeans the Parliamentary Crimeand
Corruption Commissioner appointed under section 303.parliamentary committeemeans the
Parliamentary Crime andCorruption Committee of the
Legislative Assembly.parliamentaryservicemeanstheparliamentaryserviceestablished under theParliamentary
Service Act 1988.participant, in a criminal
organisation, see thePenalties andSentences Act
1992, section 161P.photographincludesphotocopy,videotapeandrecordanimage.placeincludes—(a)premises; and(b)vacant land; and(c)a
vehicle; and(d)a place in Queensland waters;
and(e)a place held under 2 or more titles or
owners.police misconductmeans conduct,
other than corrupt conduct,of a police
officer that—(a)is disgraceful, improper or unbecoming
a police officer;or(b)shows unfitness
to be or continue as a police officer; or(c)does
not meet the standard of conduct the communityreasonably
expects of a police officer.police
servicemeans the Queensland Police Service.Current as at [Not applicable]Page
417
Crime
and Corruption Act 2001Schedule 2Notauthorised—indicativeonlyPage 418police task
forcemeans a task force under the authority of
thecommissioner of police.possessionincludes the
following—(a)custody;(b)control.post-search
approval ordersee section 97.premisesincludes—(a)a
building or structure, or part of a building or structure,of
any type; and(b)a group of buildings or structures, or
part of a group ofbuildings or structures, of any type;
and(c)thelandorwaterwhereabuildingorstructure,oragroup of buildings or structures, is
situated; and(d)a vehicle and a caravan; and(e)a tent or cave; and(f)premises held under 2 or more titles
or owners.prescribedemployee,forchapter6,part1,division9,seesection 273A.prescribed
personsee section 50(3).prescribed
salary, for chapter 6, part 1, division 2,
subdivision3, see section 238A.presiding
officer, for a commission hearing, means the
personconducting the hearing.private
conversationmeans any words spoken by one personto
another person in circumstances that indicate—(a)thatthosepersonsdesirethewordstobeheardorlistened to only by themselves; or(b)that either of those persons desires
the words to be heardorlistenedtoonlybythemselvesandbysomeotherperson;but does not
include words spoken by one person to anotherpersonincircumstancesinwhicheitherofthosepersonsCurrent as at [Not applicable]
Crime
and Corruption Act 2001Schedule 2Notauthorised—indicativeonlyoughtreasonablytoexpectthewordsmaybeoverheard,recorded,
monitored or listened to by some other person, notbeingapersonwhohastheconsent,expressorimplied,ofeither of those persons to do so.privilege,inrelationtoananswer,information,communication or
document, or thing means—(a)in the context
of a crime investigation or the intelligenceor witness
protection functions—(i)legal
professional privilege; or(ii)self-incrimination privilege; or(b)in the context of a corruption
investigation—(i)legal professional privilege;
or(ii)public interest
immunity; or(iii)parliamentary
privilege; or(c)in the context of a confiscation
related investigation—(i)legal
professional privilege; or(ii)public interest
immunity; or(iii)parliamentary
privilege; or(iv)self-incrimination privilege;and,ineachcontext,includesaclaimonthegroundofconfidentiality.protected
personmeans a person who is, or has been—(a)included in the witness protection
program; or(b)given protection under theWitness Protection Act 2000,section 9 or part 2A.Note—TheWitness Protection Act 2000,
section 9 deals with interimprotection and
part 2A deals with arrangements for short-termprotection.public
hearingmeans a hearing that is open to the
public.publicinterestmonitormeansthepersonappointedasthepublic interest
monitor under section 324.Current as at [Not applicable]Page
419
Crime
and Corruption Act 2001Schedule 2Notauthorised—indicativeonlyPage 420public
officialmeans—(a)the
ombudsman; or(b)thechiefexecutiveofficerofaunitofpublicadministration,
including the commissioner of police; or(c)a
person who constitutes a corporate entity that is a unitof
public administration.publicprosecutormeansthedirector,deputydirector,oranotherlawyerappointedundertheDirectorofPublicProsecutions Act
1984.qualifying offencesee the
Confiscation Act, section 93F.reasonablysuspectsmeanssuspectsongroundsthatarereasonable in the
circumstances.reference committeemeans the Crime
Reference Committeeestablished under section 274.referral, for chapter 2,
part 2, division 2, see section 26A.relevant
commission officer, for chapter 6, part 1, division 9,see
section 273A.relevantemployee,forchapter6,part1,division9,seesection 273A.relevant
evidence, for chapter 3, part 2, see section
85A.relevant person—(a)in relation to an application to a
judge for a surveillancewarrant—see section 122; and(b)inrelationtoanapplicationtoajudgeforacovertsearch
warrant—see section 149; and(c)in
relation to an application to a judge for an additionalpowers warrant—see section 159.relevant place, in relation to
an application to a judge for asurveillance
warrant, see section 121.reviewable decision,
for chapter 5, part 2, see section 219B.search
warrantsee section 86.search warrant
powersmeans the powers under section 92.Current as at [Not applicable]
Notauthorised—indicativeonlyCrime
and Corruption Act 2001Schedule 2section
75Brequirementmeansarequirementundersection 75B.self-incrimination privilegemeans the privilege an individualmay
claim at law on the ground of self-incrimination.seniorexecutiveofficermeanstheseniorexecutiveofficer(crime) or the
senior executive officer (corruption).senior executive
officer (corruption)see section 245(3)(b).senior executive officer (crime)see
section 245(3)(a).seniorofficermeansaseniorofficeremployedundersection 245.seriouscrimederivedpropertyseetheConfiscationAct,section 23.seriouscrimerelatedactivityseetheConfiscationAct,section 16.sessionalcommissionermeansapersonappointedasasessional
commissioner under section 239.specific
intelligence operationmeans a specific intelligenceoperationauthorisedbythereferencecommitteeundersection
55A.specific intelligence operation
(corruption)means a specificintelligenceoperationauthorisedinrelationtoamattermentioned in
section 55A(1)(b).specificintelligenceoperation(crime)meansaspecificintelligenceoperationauthorisedinrelationtoamattermentioned in
section 55A(1)(a).specificreferral,forchapter2,part2,division2,seesection 27(2).specified
person, for chapter 3, part 2, see section
85A.storage device, for chapter 3,
part 2, see section 85A.stored, for chapter 3,
part 2, see section 85A.surveillance devicemeans—(a)for
a crime investigation—Current as at [Not applicable]Page
421
Notauthorised—indicativeonlyCrime and Corruption Act 2001Schedule 2(i)a
listening device; and(ii)a visual
surveillance device; and(iii)a tracking
device; and(iv)a device
containing any combination of the devicesmentioned in
subparagraphs (i), (ii) and (iii); and(v)a
data surveillance device; and(b)for
a corruption investigation—a listening device.surveillance
warrantsee section 121.suspension
ordersee section 119I.terrorismmeans criminal activity that involves a
terrorist act.terrorist actsee section
22A.under this Act, for an act or
omission to which section 335,336or337applies,includesanactdoneoromissionmadepurportedly under this Act for the purposes
of this Act.unit of public administrationsee
section 20.use, for chapter 3, part 6B, div 1, see
section 146Q.vehicleincludes
aircraft and boat.witnessprotectionfunctionmeansthefunctionthecommissionhasundertheWitnessProtectionAct2000inrelation to witness protection.witnessprotectionfunctionhearingmeansahearingtoestablish a reasonable excuse or claim of
privilege in relationto a notice to produce issued, under
section 74, in the contextof the witness protection
function.witness protection programhas
the same meaning as in theWitness Protection Act 2000.Page 422Current as at
[Not applicable]