(1) Each of the following is corrupt conduct:

However, paragraph (1)(a) does not apply in relation to conduct of the following:

To avoid doubt, paragraph (1)(a) covers a public official’s own conduct, if it has, or could have, the specified adverse effects in relation to the public official’s powers, functions or duties.

Conduct before commencement

(4) Conduct may be corrupt conduct even though it occurred before the commencement of this section.

(5) Conduct involving a public official may be corrupt conduct even though the person was no longer a public official when this section commenced.

Judicial powers, functions and duties

(6) Corrupt conduct does not include conduct engaged in by a staff member of the High Court or of a court created by the Parliament to exercise a power, or perform a function or duty, of a judicial nature.

(7) Conduct is not corrupt conduct under paragraph (1)(a) to the extent that it affects the exercise of a power, or the performance of a function or duty, of a judicial nature by a public official who is a staff member of the High Court or of a court created by the Parliament.

Conduct need not be for personal benefit

(8) Conduct involving a public official may be corrupt conduct even if the conduct is not for the person’s personal benefit.

Conduct alone or with others

(9) A person may engage in corrupt conduct alone, or with the agreement or participation of other persons (whether or not those other persons are public officials).

Conduct amounting to conspiracy or attempt

(10) Conduct comprising conspiracy or an attempt to commit or engage in conduct covered by subsection (1) is itself corrupt conduct.

Conducting parliamentary business using public resources

(11) To avoid doubt, the use by a parliamentarian, or a staff member of a Commonwealth agency, of public resources to conduct parliamentary business in accordance with the following does not constitute corrupt conduct:

(12) Terms used in subsection (11) that are defined in the Parliamentary Business Resources Act 2017 have the same meaning in that subsection as they do in that Act.

Political activities

(13) To avoid doubt, conduct engaged in as part of a political activity does not constitute corrupt conduct if the conduct does not involve or affect either of the following:

(1) A corruption issue is an issue of whether a person:

(2) A NACC corruption issue is not a corruption issue.

(1) Each of the following is a public official:

(2) A person who is acting for and on behalf of, or as a deputy or delegate of, any person or body set out in subsection (1) is also a public official.

(1) A body or office specified in column 1 of an item in the following table is a Commonwealth agency, and the head (or agency head) of that agency is the person specified in column 2 of that item.

To avoid doubt, each of the following is taken to be a Commonwealth agency in its own right, and not part of a Department:

(3) Despite subsection (1), the NACC is not a Commonwealth agency.

(1) The following are staff members of a Commonwealth agency:

(2) However, if a Commonwealth agency is covered by an item of the following table then the staff members of the agency are the persons mentioned in paragraphs (1)(b), (f) and (g) and the persons mentioned in column 2 of that item.

An individual who:

The regulations may provide that an individual who would otherwise be a staff member of a particular Commonwealth agency under subsection (1), (2) or (3) is a staff member of a different Commonwealth agency.

Certain individuals are not staff members

(5) Despite anything else in this section, none of the following is a staff member of a Commonwealth agency:

(1) A contracted service provider for a Commonwealth contract is:

(2) A Commonwealth contract is a contract:

(3) Despite subsection (1), the following are not contracted service providers for a Commonwealth contract:

(1) A statutory office holder is an individual (other than an official of a registered industrial organisation) who holds an office or appointment under a law of the Commonwealth, other than under:

(2) Despite paragraph (1)(a), the following offices and appointments are statutory office holders:

The functions of a Deputy Commissioner are:

In performing those functions, a Deputy Commissioner must comply with any directions of the Commissioner.

A direction under subsection (2) is not a legislative instrument.

(1) The National Anti-Corruption Commission (the NACC) is established by this section.

For the purposes of the finance law:

If a person makes a NACC disclosure:

Without limiting subsection (1):

Section 24 does not apply to civil, criminal or administrative liability (including disciplinary action) for knowingly making a statement that is false or misleading.

(2) Without limiting subsection (1), Criminal Code.section 24 does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the

(1) If, in civil or criminal proceedings (the primary proceedings) instituted against a person in a court, the person makes a claim (relevant to the proceedings) that, because of section 24, the person is not subject to any civil, criminal or administrative liability for making a particular NACC disclosure:

(2) To avoid doubt, a right under Evidence Act 1995 not to be compelled to give evidence is a privilege for the purposes of paragraph (1)(f) of this section.section 126K of the

(1) A person (the first person) takes a reprisal against another person (the second person) if:

(2) Detriment includes (without limitation) any of the following:

(3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.

(1) A person (the first person) commits an offence in relation to another person (the second person) if:

(2) A person (the first person) commits an offence in relation to another person (the second person) if:

Subsection (2) applies whether or not the threat mentioned in paragraph (2)(b) is:

Subsections (1) and (2) do not apply if the conduct engaged in by the first person is administrative action that is reasonable to protect the second person from detriment.

No requirement to prove matters related to a NACC disclosure

In a prosecution for an offence against this section, it is not necessary to prove that any person:

This section applies if:

None of the following is required to do anything under this Act that would disclose the identity of the informant or enable that identity to be ascertained:

If the journalist is a staff member of a Commonwealth agency, the reference in subsection (2) to the journalist’s employer is taken to include a reference to the head of the agency.

Search powers exception

(4) However, this section does not prevent an authorised officer from doing anything the authorised officer would otherwise be able to do in exercising powers under Crimes Act 1914 for the purposes of this Act (see section 119 (search warrants, and stopping and searching conveyances)).Part IAA of the

Any person may refer a corruption issue or provide other information about a corruption issue to the Commissioner.

The Commissioner may request the referral or information to be:

An agency head who becomes aware of a corruption issue must refer the issue to the Commissioner if:

The agency head must state in the referral the reasons why the agency head suspects that the issue could involve corrupt conduct that is serious or systemic.

Subsection (1) does not apply in relation to an intelligence agency.

The head of an intelligence agency who becomes aware of a corruption issue must refer the issue to the IGIS or the Commissioner if:

The head must state in the referral the reasons why the head suspects that the issue could involve corrupt conduct that is serious or systemic.

If the head refers the issue to the Commissioner, the head must, as soon as reasonably practicable, notify the IGIS.

If the head refers the issue to the IGIS, and the IGIS is satisfied that the issue is likely to involve corrupt conduct that is serious or systemic, the IGIS must refer the issue to the Commissioner.

(1) This section applies if a staff member of a Commonwealth agency (the PID officer), in the course of performing or exercising functions or powers under Division 1 or 2 of Part 3 of the Public Interest Disclosure Act 2013 (including as a delegate), becomes aware of a corruption issue that:

The PID officer must refer the corruption issue to:

If the PID officer refers a corruption issue that relates to an intelligence agency to the Commissioner, the PID officer must, as soon as reasonably practicable, notify the IGIS.

If the PID officer refers a corruption issue that relates to an intelligence agency to the IGIS, and the IGIS is satisfied that the issue is likely to involve corrupt conduct that is serious or systemic, the IGIS must refer the issue to the Commissioner.

Notification to discloser

(5) If the PID officer became aware of the corruption issue as a result of an internal disclosure made under the Public Interest Disclosure Act 2013, the PID officer must, as soon as reasonably practicable, notify the discloser of the PID officer’s referral of the issue under this section.

A person is not required to refer a corruption issue under this Division if:

The Commissioner may, in writing, determine corruption issues and circumstances for the purposes of paragraph (1)(b).

A determination under subsection (2) is not a legislative instrument.

A person who is required to refer a corruption issue under this Division must do so as soon as reasonably practicable after becoming aware of the issue or within such later time as is allowed by the Commissioner.

Information requirements

A person who is required to refer a corruption issue under this Division must include with the referral all information relevant to the issue that is in the person’s possession or control at the time the referral is made.

If the person subsequently becomes aware of any further information that is relevant to the issue, the person must give the further information to the recipient of the referral as soon as reasonably practicable.

Exceptions to information requirements

A person is not required to provide information under this section if:

The Commissioner may deal with a corruption issue that:

To avoid doubt, the Commissioner may deal with a corruption issue on the Commissioner’s own initiative.

The Commissioner may deal with a corruption issue in any one or more of the following ways:

(2) An investigation mentioned in paragraph (1)(a) or (b) is a corruption investigation.

Corruption investigation threshold—serious or systemic corrupt conduct

The Commissioner may conduct, or continue to conduct, a corruption investigation only if the Commissioner is of the opinion that the issue could involve corrupt conduct that is serious or systemic.

General matters

Corruption issues may be investigated together.

The Commissioner may, at any time, reconsider whether or how to deal with a corruption issue.

Commissioner may decide to take no action

The Commissioner may decide to take no action in relation to a corruption issue.

Commissioner under no duty to consider whether to deal with corruption issue

The Commissioner does not have a duty to consider whether to deal with a corruption issue under this section, whether the Commissioner is requested to do so by the person who referred the issue or by any other person, or in any other circumstances.

This section applies if the Commissioner considers it necessary or desirable to conduct a preliminary investigation for any of the following purposes:

The Commissioner may exercise the following Part 7 powers as if the preliminary investigation mentioned in subsection (1) were a corruption investigation:

The modifications are as follows:

To avoid doubt, the other provisions of this Act continue to apply in relation to the exercise of powers under subsections 57(2) and 58(2) for the purpose of conducting a preliminary investigation under this section.

Commissioner may have regard to other material

This section does not limit the information, documents or things to which the Commissioner may have regard in making a decision about whether or how to deal with a corruption issue.

The Commissioner may direct an agency head to stop the agency taking specified action in relation to a corruption issue that concerns the agency, unless the action is permitted by the Commissioner.

However, the direction may be given only if:

The direction must be revoked if it is no longer so required.

Permission to take other action

If the agency head requests the Commissioner to permit the taking of particular action, the Commissioner must:

However, the Commissioner need not give the reasons for a refusal if doing so would be likely to prejudice:

A direction under subsection (1):

Despite any direction given by the Commissioner under subsection 43(1), the following action may be taken:

If action is taken relying on subsection (1), the agency head must:

This section applies if the Commissioner is aware that a Commonwealth integrity agency has previously concluded an investigation into a matter regarding the conduct of a public official.

Corruption investigation threshold—public interest

The Commissioner may commence a corruption investigation into a corruption issue involving the conduct only if the Commissioner is satisfied that it is in the public interest to do so.

The Commissioner may have regard to the following matters in making the decision:

Subsection (3) does not limit the matters to which the Commissioner may have regard in making the decision.

This section applies if conduct of a parliamentarian or a staff member of a parliamentary office has been, is or could be the subject of either of the following by the Independent Parliamentary Expenses Authority:

The Commissioner must not commence a corruption investigation into a corruption issue involving the conduct unless:

(1) This section applies if conduct of a person has been, is or could be the subject of an investigation by the Electoral Commissioner under, or into compliance with, the Commonwealth Electoral Act 1918.

Restriction on corruption investigation by Commissioner

The Commissioner must not commence a corruption investigation into a corruption issue involving the conduct unless:

(3) This section does not apply in relation to conduct of an officer (within the meaning of the Commonwealth Electoral Act 1918), or a member of the staff of the Commission (within the meaning of that Act).

The Commissioner may make a public statement about a corruption issue at any time (whether or not the Commissioner deals with the issue).

Without limiting subsection (1), the Commissioner may make a public statement if the Commissioner is satisfied that it is appropriate and practicable to do so to avoid damage to a person’s reputation.

Subsection (1) is subject to subsections 230(4) to (6) and section 231 as if a public statement under this section were a disclosure under section 230.

The Commissioner may oversee the investigation.

If the Commissioner decides to oversee the investigation, the Commissioner must notify the agency head.

The Commissioner may give the agency directions about the planning and conduct of the investigation.

The directions may be given to the agency’s nominated contact for the investigation.

The agency head must ensure that the agency follows the Commissioner’s directions.

If the Commissioner requires an agency head to provide a completion report, the Commissioner may do either or both of the following:

Before making a comment on, or a recommendation in relation to, a completion report that is critical (either expressly or impliedly) of a Commonwealth agency, a State or Territory government entity or any other person, the Commissioner must give the head of the agency, the head of the entity or the other person concerned:

The response may be given by:

If the Commissioner requires an agency head to provide a completion report, the Commissioner may request the head to give the Commissioner, within a specified time, details of any action that the head has taken, or proposes to take, with respect to:

The agency head must comply with the request.

If the Commissioner is not satisfied with the response of the agency head to the request, the Commissioner may refer to the person mentioned in subsection (4):

For the purposes of subsection (3), the person is:

If the Commissioner refers material to a person under subsection (3), the Commissioner may also send a copy of that material to:

The Commissioner must exclude the following from the copy of the material sent under subsection (5):

Before sending a copy of material under subsection (5), the Commissioner must consult with the head of each Commonwealth agency or State or Territory government entity to which the material relates about whether the material contains sensitive information.

This section applies if the Commissioner has reasonable grounds to suspect that a Commonwealth agency has information, or a document or thing, relevant to a corruption investigation.

The Commissioner may, by writing, direct the head of the Commonwealth agency to give the information, document or thing to a specified staff member of the NACC.

(3) The direction is a direction to produce.

The agency head must comply with the request as soon as practicable.

Subdivision B—Notices to produce

This section applies if the Commissioner has reasonable grounds to suspect that a person has information, or a document or thing, relevant to a corruption investigation.

The Commissioner may, by notice in writing, require the person to give the information, document or thing to a specified staff member of the NACC.

(3) The notice is a notice to produce.

If the notice is a post-charge or a post-confiscation application notice, the Commissioner must also have reasonable grounds to suspect that the information, documents or things are necessary for the purposes of the investigation even though:

The notice:

The matters in relation to which the Commissioner may require the person to give the information, document or thing include:

The Commissioner may serve the notice without holding a hearing.

The period specified for complying with a notice to produce must end at least 14 days after the notice is served, unless the Commissioner considers that allowing a 14-day period would significantly prejudice a corruption investigation.

If a shorter period is specified, the Commissioner must record, in writing:

The person on whom the notice is served may apply to the Commissioner, in writing, to extend the period for complying with the notice.

The application must be made before the period specified in the notice expires, or as soon as possible after that.

The Commissioner may extend the period whether or not an application has been made.

Record of compliance

If the person gives the information, document or thing, as required by the notice, the Commissioner must:

A person commits an offence if:

Subsection (1) does not apply if it is not reasonably practicable for the person to comply with the notice within the required period.

A person commits an offence if:

Subsection (1) does not apply if the information or document is not false or misleading in a material particular.

The Commissioner may hold a hearing for the purposes of a corruption investigation.

Subject to this Division, a hearing may be conducted in such manner as the Commissioner thinks fit.

Information relating to intelligence agencies

If the Commissioner considers that a person appearing at a hearing may disclose intelligence information relating to an intelligence agency, the Commissioner must conduct the hearing in a manner consistent with any arrangement in force between the Commissioner and the head of the agency.

If the Commissioner has reasonable grounds to suspect that a person has evidence relevant to a corruption investigation, the Commissioner may summon the person:

If the Commissioner has reasonable grounds to suspect that a person has particular information, or a particular document or thing, relevant to the corruption investigation, the summons may also require the person to:

If the summons is a post-charge or a post-confiscation application summons, the Commissioner must also have reasonable grounds to suspect that the evidence, information, document or thing is necessary for the purposes of the investigation even though:

The summons must:

The Commissioner must record in writing the reasons for the summons. The record must be made at or before the time the summons is issued.

The matters in relation to which the Commissioner may summon a person to give evidence or information, or produce a document or thing, at a hearing include:

(7) The Commissioner may vary the time or place specified in a summons. This subsection does not limit subsection 33(3) of the Acts Interpretation Act 1901.

The Commissioner must give to the Inspector, within 3 business days after the summons is issued:

A summons is not invalid merely because the Commissioner does not comply with subsection (8).

A summons requiring a person to give evidence must set out, so far as is reasonably practicable, the general nature of the matters in relation to which the Commissioner intends to question the person.

However, subsection (1):

The Commissioner may require a witness at a hearing to give information, or produce a document or thing, to the Commissioner.

Subsection (1) applies whether or not the information, document or thing was specified in the summons for the person to attend the hearing.

A person giving evidence at a hearing may be represented by a legal practitioner.

A person who is not giving evidence may be represented at a hearing by a legal practitioner if:

To avoid doubt, this section has effect subject to section 75 (presence of others at private hearings).

The Commissioner must cause a record of a hearing to be made.

The record must include, in relation to each witness who gives evidence at a public hearing, any statements made by the Commissioner under subsection 73(5) in relation to the witness.

Unless the Commissioner directs otherwise, the record must include the following:

A person commits an offence if:

Subsection (1) does not apply if it is not reasonably practicable for the person to give the information, or produce the document or thing.

A person commits an offence if:

(2) Subsection (1) does not apply if the evidence, information or document is not false or misleading in a material particular.

A person commits an offence if:

A person commits an offence if the person disrupts a hearing.

A person commits an offence if the person threatens any person present at a hearing.

Subdivision B—Private and public hearings

A hearing must be held in private, unless the Commissioner decides to hold the hearing, or part of the hearing, in public.

When hearing may be held in public

The Commissioner may decide to hold a hearing, or part of a hearing, in public if the Commissioner is satisfied that:

In deciding whether to hold a hearing, or part of a hearing, in public, the Commissioner may have regard to the following:

Subsection (3) does not limit the matters to which the Commissioner may have regard.

Public hearings—Commissioner’s statements about witnesses

Before a witness gives evidence in public at a hearing, the Commissioner may, if the Commissioner thinks it appropriate, make a statement about one or more of the following:

A legal practitioner representing a person is entitled to be present when the person is giving evidence at a hearing in private.

Presence of others

The Commissioner may determine that other persons may be present.

Witness to be informed if others are present

If the Commissioner determines that a person (other than a staff member of the NACC) is to be present while a witness is giving evidence at the hearing, the Commissioner must:

If the Commissioner has determined that another person may be present, the person is entitled to be there even if:

A person commits an offence if:

A witness may:

A request under this section to give evidence in private does not limit the Commissioner’s powers under section 73 (private and public hearings).

At a hearing, the Commissioner may:

The oath or affirmation is an oath or affirmation that the evidence the person will give will be true.

The Commissioner may allow a person attending a hearing who has taken an oath, or made an affirmation, to give evidence by tendering a written statement and verifying it by oath or affirmation.

If arrangements have been made between Australia and another country in relation to the taking of evidence in that country by the Commissioner for a hearing under this Division, the evidence may be given in that country:

The oath, affirmation, obligation, caution or admonition must be administered in accordance with those arrangements and the laws of that other country.

The Commissioner may use any evidence so taken for the purpose of performing any function, or exercising any power, under this Act.

The Commissioner may apply to either of the following for a person to be dealt with for contempt of the NACC:

Before making the application, the Commissioner must inform the person that the Commissioner proposes to make the application.

The application must be accompanied by a certificate that states:

A copy of the certificate must be given to the person before, or at the same time as, the application is made.

If the Commissioner makes an application to a court to deal with a person for contempt of the NACC, proceedings are to be instituted, carried on, heard and determined in accordance with the laws (including any rules of court) that apply in relation to the punishment of a contempt of the court.

In those proceedings, the certificate that sets out the grounds for making the application and evidence in support of the application is prima facie evidence of the matters specified in the certificate.

The court must:

If the court finds that the person was in contempt of the NACC, the court may deal with the person as if the acts or omissions involved constituted a contempt of the court.

(5) For the purposes of determining whether a person is in contempt of the NACC, Chapter 2 of the Criminal Code applies as if:

If, during a hearing, the Commissioner proposes to make an application for a person to be dealt with for contempt of the NACC, the Commissioner may direct a constable or an authorised officer to detain the person for the purpose of bringing the person before the court for the hearing of the application.

If the person is so detained:

The court may:

The court may also impose any other condition on release, including the following:

The court may at any time vary or revoke a condition imposed under subsection (4).

The Commissioner may, at any time, withdraw an application for a court to deal with a person for contempt of the NACC.

The person must be released immediately if:

A person is not liable to be prosecuted for an offence in respect of an act or omission if:

If a person is prosecuted for an offence in respect of an act or omission referred to in section 82 without an application being made to the Federal Court or a Supreme Court under subsection 83(1) in respect of the act or omission, an application must not be made under subsection 83(1) in respect of the act or omission.

Subdivision E—Travel documents and arrest of witnesses

The Commissioner may apply to a Judge of the Federal Court for an order that a person deliver a travel document to the Commissioner if:

(2) Each of the following is a travel document:

The Commissioner must give the Judge information on oath, or by affirmation, in support of the grounds for the application.

If a Judge of the Federal Court, sitting in Chambers, is satisfied, on the evidence, that the requirements of paragraphs 88(1)(a), (b) and (c) are met, the Judge may make an order:

If a person appears before the Federal Court as required by an order made under subsection (1), the Court may, if it thinks fit, make an order:

The Federal Court may, upon application by the Commissioner, extend for a further period (of not more than 1 month in each case), the period for which the Commissioner is authorised to retain a travel document. However, the total period for which the Commissioner is authorised to retain the travel document must not exceed 3 months.

Revocation of court order

If the Federal Court makes an order authorising the Commissioner to retain a travel document issued to a person, the person may apply to the Federal Court for the order to be revoked.

If the Federal Court revokes the order, the Commissioner must return the travel document to the person immediately.

Jurisdiction of the Federal Court

The Federal Court has jurisdiction with respect to matters arising under this section.

An authorised officer may apply to a superior court judge for a warrant to arrest a person if:

An authorised officer must give the judge information on oath, or by affirmation, in support of the grounds for the application.

(3) A superior court judge is:

If a superior court judge, sitting in Chambers, is satisfied, on the evidence, that there are reasonable grounds for believing that paragraph 90(1)(a), (b) or (c) is met, the judge may issue a warrant authorising the arrest of the person.

(2) For the purposes of executing the warrant, an authorised officer who is not a constable has the same powers and duties as a constable has in arresting a person for an offence under Divisions 4 and 5 of Crimes Act 1914.Part IAA of the

To avoid doubt, the authorised officer executing the warrant need not be the authorised officer who applied for the warrant.

(4) The Commissioner must give to the Inspector, within 3 business days after the warrant is issued:

A warrant is not invalid merely because the Commissioner does not comply with subsection (4).

A person arrested under a warrant issued under section 91 must be brought, as soon as practicable, before a superior court judge.

The judge may:

A person who is detained under paragraph (2)(b) must be brought before a superior court judge:

The Commissioner has, in exercising the power to hold a hearing, the same protection and immunity as a Justice of the High Court.

A legal practitioner assisting the Commissioner, or representing a person, at a hearing has the same protection and immunity as a barrister appearing for a party in proceedings in the High Court.

(3) To avoid doubt, this section does not limit the powers of the Inspector, or the powers of the Ombudsman under the Ombudsman Act 1976, to investigate issues of administrative practice in relation to a hearing that has been held under this Act.

(1) A non-disclosure notation is a requirement included in a notice to produce or a private hearing summons that prohibits disclosure of information about the notice or summons, or any official matter connected with the notice or summons.

The notation may permit disclosure of information in specified circumstances.

Information about rights and obligations

The notation must be accompanied by a written statement setting out the rights and obligations conferred or imposed by section 98 (failure to comply with non-disclosure notations).

Meanings of private hearing summons and official matter

(4) A private hearing summons is a summons to attend a hearing all or part of which is to be held in private.

(5) An official matter is any of the following (whether past, present or contingent):

The Commissioner must include a non-disclosure notation in a notice to produce or a private hearing summons if the Commissioner is satisfied that not doing so would reasonably be expected to prejudice:

The Commissioner may include a non-disclosure notation in a notice to produce or a private hearing summons if the Commissioner is satisfied that:

The Commissioner must not include a non-disclosure notation in any other case.

Vulnerable persons and persons with disabilities

If the Commissioner is aware that a non-disclosure notation will apply to a person who has a disability or vulnerability that could affect the person’s ability to comply with the notice or summons concerned, the Commissioner must consider including permission in the notation for the disclosure of information to enable the person to obtain assistance in:

The Commissioner may cancel a non-disclosure notation in a notice to produce or a private hearing summons if the reason for the notation no longer exists.

If the Commissioner cancels the notation:

Unless it is cancelled earlier, the Commissioner must consider cancelling the notation as follows:

(4) A credit reporting body (within the meaning of the Privacy Act 1988) must not make a note under subsection 20E(5) of that Act about the disclosure of credit reporting information until any non-disclosure notation prohibiting the disclosure of that information is cancelled.

A person commits an offence if:

Strict liability applies to paragraph (1)(c).

Subsection (1) does not apply if the disclosure is made:

(4) A reference in this section to disclosing information (the primary information) includes a reference to disclosing other information from which a person could reasonably be expected to infer the primary information.

Meaning of legal aid officer

(5) A legal aid officer is:

(1) Investigation material is any of the following:

(2) Investigation material includes copies, contents or descriptions of that material.

(3) To avoid doubt, information, a document or a thing is not investigation material to the extent that it is obtained otherwise than:

(4) The witness, in relation to investigation material covered by paragraph (1)(a), (b), (c), (d), (e), (f), (g) or (h), is the person mentioned in that paragraph.

(5) The witness, in relation to derivative material, means the person who is the witness in relation to the investigation material from which the derivative material was obtained.

The Commissioner may direct that investigation material:

The Commissioner may, in writing, vary or revoke the direction.

However, the direction must not be varied or revoked if the Commissioner is satisfied that the variation or revocation:

If the Commissioner is aware that the direction will apply to a person who has a disability or vulnerability that could affect the person’s ability to comply with the direction, the Commissioner must consider directing that investigation material may be disclosed to enable the person to obtain assistance in:

A person commits an offence if:

Strict liability applies to paragraph (1)(c).

Subsection (1) does not apply in relation to the disclosure of investigation material by the witness:

Subsection (1) does not apply to the use or disclosure of investigation material by a legal practitioner for the purpose of:

(3) Subsection (1) has effect despite Inspector-General of Intelligence and Security Act 1986.section 32AC of the

A direction given by the Commissioner under section 100 does not prevent:

However, the Commissioner may direct that use or disclosure of investigation material is not authorised by this section if the Commissioner is satisfied that using or disclosing the material would be reasonably likely to prejudice the performance or exercise of functions or powers of the Commissioner.

The Commissioner must consult the IGIS or the Ombudsman, as the case requires, as soon as practicable after giving the direction.

A direction given under subsection (2):

This section applies if:

The court may give the Commissioner a certificate to that effect.

If the court does so, the Commissioner must make the investigation material available to the court.

If, after examining the investigation material, the court is satisfied that the interests of justice so require, the court may make the material available to any of the following:

An entity mentioned in subsection (3), that may lawfully use or disclose investigation material, may lawfully use or disclose the material for the purpose of obtaining derivative material.

Subsection (1):

The entities are as follows:

A person or body, that may lawfully disclose investigation material, may lawfully disclose the material to a prosecutor of the witness.

Subsection (1) has effect subject to section 100 (directions about use or disclosure of investigation material), unless subsection (4) applies.

Derivative material

A person or body, that may lawfully disclose derivative material, may lawfully disclose the material to a prosecutor of the witness.

Special rule for certain post-charge disclosure

However, if the disclosure is one of the following, it may only be disclosed under a court order made under subsection 106(1):

(5) A prosecutor of a witness is an individual:

(6) A prosecuting authority is an individual, or authority, authorised by or under a law of the Commonwealth or of a State or Territory to prosecute an offence.

A court may, on application or on its own initiative, order that investigation material or derivative material may be disclosed to prosecutors of the witness if the court is satisfied that the disclosure is required:

Subsection (1) applies to the following courts:

This Subdivision does not, by implication, restrict a court’s power to make any orders necessary to ensure that the witness’ fair trial is not prejudiced by the possession or use of investigation material or derivative material by a prosecutor of the witness.

However, a person’s trial for:

A person or body, that may lawfully disclose investigation material of a kind covered by paragraph 99(1)(d), (e), (f), (g) or (h), may lawfully disclose the investigation material, or derivative material obtained from the investigation material, to a prosecutor of the witness.

A person or body, that may lawfully disclose investigation material or derivative material, may lawfully disclose the material to a prosecutor of the witness if the witness is suspected of, or has been charged with:

Subsections (1) and (2) have effect subject to any direction given under section 100, including as affected by subsection 106(1).

If a prosecutor of the witness lawfully possesses investigation material or derivative material, the prosecutor may use that material for purposes that include:

If material is lawfully in the possession of a prosecutor of the witness, the fact that the material is investigation material or derivative material does not prevent it from being admissible in evidence against the witness in a criminal proceeding.

This Subdivision does not, by implication, restrict the use of investigation material or derivative material by, or the disclosure of that material to:

This section has effect subject to any law of the Commonwealth, a State or a Territory.

A person or body, that may lawfully disclose investigation material or derivative material, may lawfully disclose the material to a proceeds of crime authority.

Subsection (1) has effect subject to any direction given under section 100 (directions about use or disclosure of investigation material).

If material is lawfully in the possession of a proceeds of crime authority, the fact that the material is investigation material or derivative material does not prevent it from being admissible in evidence against the witness in a confiscation proceeding.

Subsections (3) and 113(3) (self-incrimination) do not, by implication, restrict a court’s power to make any orders necessary to prevent prejudice to the proper administration of justice.

This section applies if a document or thing is produced to the Commissioner under this Act.

The Commissioner:

While the Commissioner retains the document or thing, the Commissioner must allow a person who would otherwise be entitled to inspect the document or view the thing:

Subsection (3) does not apply if:

This section applies if the Commissioner is satisfied that a document or thing produced under this Act is not required (or is no longer required) for the purposes of:

The Commissioner must take reasonable steps to return the document or thing to the person from whom it was received, or to the owner if that person is not entitled to possess it.

However, the Commissioner does not have to take those steps if:

A magistrate may, on application by the Commissioner, make an order under subsection (2) in relation to a document or thing produced under this Act if the magistrate is satisfied that there are reasonable grounds to suspect that, if the document or thing is returned to any of the following persons, it is likely to be used by that person or another person in the commission of a serious offence:

The orders are as follows:

Before making an application under this section in relation to a document or thing, the Commissioner must:

The magistrate must allow a person who has an interest in the document or thing to appear and be heard in determining the application.

Meanings of magistrate and serious offence

(5) A magistrate is a magistrate who is remunerated by salary or otherwise, and includes a Judge, or acting Judge, of the Local Court of New South Wales or of the Local Court of the Northern Territory.

(6) A serious offence is:

A person is not excused from giving an answer or information, or producing a document or thing, as required by a notice to produce or at a hearing on the ground that doing so would tend to incriminate the person or expose the person to a penalty.

However, the answer or information given, or the document or thing produced, is not admissible in evidence against the person in:

Subsection (2) does not:

Paragraph (3)(b) does not, by implication, affect the admissibility or relevance of the information, document or thing for any other purpose.

A person is not excused from giving an answer or information, or producing a document or thing, as required by a direction to produce, a notice to produce, or at a hearing, on the ground that doing so:

Subsection (1) does not apply in relation to advice or a communication that concerns:

Paragraph (1)(a) does not apply in relation to legal advice given for the purposes of, or in the course of, a person’s work as a journalist in a professional capacity.

Paragraph (1)(b) does not apply in relation to a communication made for the purposes of, or in the course of, a person’s work as a journalist in a professional capacity.

The fact that a person is not excused under subsection (1) from answering a question or giving information, or producing a document or thing, does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that answer, information, document or thing.

A person does not commit an offence, and is not liable to any penalty, under the provisions of any other enactment because the person:

This section applies if a legal practitioner refuses to give an answer or information, or produce a document or thing, on the grounds that doing so would disclose advice or a communication to which section 114 (public interest grounds) does not apply.

(2) The legal practitioner must, if required by the Commissioner, give the Commissioner the name and address of the person (the client) who is able to waive the legal professional privilege concerned.

If the client agrees to disclosure of the advice or communication by the legal practitioner:

(1) A person who gives an answer or information, or produces a document or thing, as required by a direction to produce, a notice to produce, or at a hearing, has the same protection as a witness in proceedings in the High Court.

The Commissioner may make such arrangements as are necessary to do the following:

The arrangements include arrangements with:

(4) This section does not limit the Witness Protection Act 1994.

For the purposes of a corruption investigation, the Commissioner (or another authorised officer) may:

Subsection (1) does not apply in relation to:

Subsection (1) does not apply in relation to a place mentioned in subsection (4), unless:

The places are as follows:

If the Attorney-General is satisfied that carrying on an investigation of a corruption issue at a place might prejudice the security or defence of the Commonwealth, the Attorney-General may, by written notice to the Commissioner, declare the place to be a place to which this subsection applies.

While the declaration is in force, subsection (1) does not authorise a person to do anything at the place unless:

A declaration by the Attorney-General under this section is not a legislative instrument.

If a document or thing is seized, or removed from a place, under the Commissioner (or another authorised officer) must provide a receipt for the thing.section 117 (entering certain places without a search warrant),

If 2 or more documents or things are seized or moved, they may be covered by the one receipt.

(1) For the purposes of a corruption investigation, an authorised officer who is not a constable for the purposes of the Crimes Act 1914 has the same powers and duties under Divisions 2, 3 and 5 of Part IAA of that Act as a constable has under those Divisions.

(2) The Crimes Act 1914 has effect for the purposes of this section with the modifications set out in Subdivision B.

(1) Subdivision A of Crimes Act 1914 applies in relation to the following as if they were things seized under Part IAA of that Act:Division 4C of Part IAA of the

(2) Subdivision B of Crimes Act 1914 applies in relation to a thing seized under section 117 (entering certain places without a search warrant) as if the thing had been seized under Division 2 of Part IAA of the Crimes Act 1914.Division 4C of Part IAA of the

(3) Subdivision B of Crimes Act 1914 applies in relation to a thing seized under that Act as applied by section 119 (search warrants, and stopping and searching conveyances).Division 4C of Part IAA of the

Modification of the Crimes Act

(4) For the purposes of this section, the Crimes Act 1914 has effect:

(1) Divisions 2, 3 and 5 of Crimes Act 1914 (and any related definitions in that Act) have effect as if:Part IAA of the

(2) Despite paragraph (1)(a), subsection 3ZW(1) of the Crimes Act 1914 has effect as if the reference in that subsection to a constable were a reference to an authorised officer.

An issuing officer may issue a warrant authorising an ordinary search or a frisk search of a person if the officer is satisfied, by information on oath or affirmation, that:

Subsection (2B) applies if the warrant is to search:

In deciding whether to issue the warrant, the issuing officer must have regard to whether the public interest in issuing the warrant outweighs:

(1) The Crimes Act 1914 has effect as if a reference in the following provisions of that Act to an offence included a reference to a corruption issue:

(2) The Crimes Act 1914 has effect as if subparagraphs 3E(6)(a)(ii) and (7)(a)(ii) of that Act were substituted with the following subparagraph:

“(ii) a thing relevant to an offence that is an indictable offence, or to a corruption issue that the Commissioner is investigating; or”

Subparagraph 3F(1)(d)(ii)—evidential material

(3) The Crimes Act 1914 has effect as if subparagraph 3F(1)(d)(ii) of that Act were substituted with the following subparagraph:

“(ii) evidential material in relation to an offence that is an indictable offence, or to a corruption issue that the Commissioner is investigating; or”

Subparagraph 3F(2)(c)(ii)—relevant things

(4) The Crimes Act 1914 has effect as if subparagraph 3F(2)(c)(ii) of that Act were substituted with the following subparagraph:

“(ii) a thing relevant to an offence that is an indictable offence, or to a corruption issue that the Commissioner is investigating; or”

Subparagraphs 3FA(1)(b)(ii) and (2)(b)(ii)—evidential material

(4A) The Crimes Act 1914 has effect as if subparagraphs 3FA(1)(b)(ii) and (2)(b)(ii) of that Act were substituted with the following subparagraph:

“(ii) evidential material in relation to an offence that is an indictable offence, or to a corruption issue that the Commissioner is investigating; or”

Subsection 3FA(8)

(4B) The Crimes Act 1914 has effect as if the references in subsection 3FA(8) of that Act to the Australian Federal Police included references to the National Anti-Corruption Commission.

Subsections 3L(1B) and 3LAA(3)

(5) The Crimes Act 1914 has effect as if the references in subsections 3L(1B) and 3LAA(3) of that Act to the Australian Federal Police were references to the National Anti-Corruption Commission.

(1) The Crimes Act 1914 has effect as if paragraph 3T(1)(a) of that Act were substituted with the following paragraph:

“(a) a thing relevant to an indictable offence, or to a corruption issue that the Commissioner is investigating, is in or on a conveyance; and”

Relevant things—other offences and corruption issues

(2) The Crimes Act 1914 has effect as if subsection 3T(3) of that Act were substituted with the following subsection:

“(3) If, in the course of searching for the thing, the constable or authorised officer finds another thing relevant to an offence, or to a corruption issue that the Commissioner is investigating, the constable or authorised officer may seize that thing if the constable or authorised officer suspects, on reasonable grounds, that:

(1) An event covered by subsection (2) is a pre-charge event in relation to a person if it happens at a time when:

The events are as follows:

(1) An event covered by subsection (2) is a post-charge event in relation to a person if it happens at a time when:

The events are as follows:

(1) A charge for an offence is imminent for a person if:

(2) A confiscation proceeding against a person is imminent if a person with authority to commence the proceeding has decided to commence, but has not yet commenced, the proceeding.

Meaning of protected suspect

(3) Each of the following is a protected suspect:

(1) An event covered by subsection (2) is a pre-confiscation application event in relation to a person if it happens at a time when:

The events are as follows:

(1) An event covered by subsection (2) is a post-confiscation application event in relation to a person if it happens at a time when:

The events are as follows:

(1) A confiscation proceeding means a proceeding under:

(2) A prosecution for an offence under the Act or a corresponding law is not a confiscation proceeding.

(3) A proceeding is taken to be a confiscation proceeding against a person if:

(1) A charge for an offence is resolved in relation to a person at the latest of the following times:

(2) Despite paragraph (1)(b), if an appeal relating to a conviction for an offence the subject of the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined.

Confiscation proceedings

(3) A confiscation proceeding is resolved in relation to a person at the latest of the following times:

(4) Despite paragraph (3)(b), if an appeal relating to the proceeding is lodged after that period ends, the proceeding ceases to be resolved until that appeal lapses or is finally determined.

Subdivision B—Commissioner’s powers—limited operation provisions

In addition to its effect apart from this subsection, this Act also has the effect it would have if the Commissioner’s power to issue a notice to produce were, by express provision, confined to a power to issue either or both of the following:

In addition to its effect apart from this subsection, this Act also has the effect it would have if the information, documents or things required to be given under a post-charge notice to produce excluded, by express provision, information, documents or things in relation to the subject matter of the charge or imminent charge.

Limitation of scope of post-confiscation application notice to produce

In addition to its effect apart from this subsection, this Act also has the effect it would have if the information, documents or things required to be given under a post-confiscation application notice to produce excluded, by express provision, information, documents or things in relation to the subject matter of the confiscation proceeding or imminent confiscation proceeding.

In addition to its effect apart from this subsection, this Act also has the effect it would have if the Commissioner’s power to issue a summons to a person to attend a hearing were, by express provision, confined to a power to issue either or both of the following:

In addition to its effect apart from this subsection, this Act also has the effect it would have if the matters in relation to which a person who has been issued a post-charge summons is required to give evidence or information, or produce a document or thing, at a hearing excluded, by express provision, matters in relation to the subject matter of the charge or imminent charge.

Limitation of scope of post-confiscation application summons

In addition to its effect apart from this subsection, this Act also has the effect it would have if the matters in relation to which a person who has been issued a post-confiscation application summons is required to give evidence or information, or produce a document or thing, at a hearing excluded, by express provision, matters in relation to the subject matter of the confiscation proceeding or imminent confiscation proceeding.

Limitation to post-charge operation

In addition to its effect apart from this subsection, this Act also has the effect it would have if, by express provision:

In addition to its effect apart from this subsection, this Act also has the effect it would have if, by express provision:

In addition to its effect apart from this subsection, this Act also has the effect it would have if the use or disclosure by an entity of investigation material under subsection 104(1) in relation to a witness for the purpose of obtaining derivative material were, by express provision, confined to either or both of the following:

In addition to its effect apart from this subsection, this Act also has the effect it would have if the use or disclosure by an entity of investigation material under subsection 104(1) in relation to a witness for the purpose of obtaining derivative material were, by express provision, confined to either or both of the following:

In addition to its effect apart from this subsection, this Act also has the effect it would have if the entities that may lawfully use or disclose investigation material in relation to a witness for the purpose of obtaining derivative material were, by express provision, limited to one or more of the following entities: