NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022

Commonwealth Consolidated Acts

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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Short title
2. Commencement
3. Objects of this Act
4. Simplified outline of this Act
5. Application of this Act
6. Crown to be bound
7. Definitions

PART 2--KEY--CONCEPTS USED IN THIS ACT

Division 1--Corrupt conduct and corruption issues

8. Meaning of corrupt conduct
9. Meaning of corruption issue

Division 2--Public officials

10. Meaning of public official

Division 3--Commonwealth agencies and the heads of those agencies

11. Commonwealth agencies and the heads of those agencies

Division 4--Staff members of Commonwealth agencies

12. Meaning of s taff member --Commonwealth agencies
13. Meaning of contracted service provider for a Commonwealth contract
14. Meaning of statutory office holder

Division 5--Commonwealth integrity agencies

15. Meaning of Commonwealth integrity agency

PART 3--THE--NATIONAL ANTI-CORRUPTION COMMISSION

Division 1--The Commissioner

16. The Commissioner
17. Functions of the Commissioner

Division 2--The Deputy Commissioners

18. The Deputy Commissioners
19. Functions of a Deputy Commissioner

Division 3--The National Anti-Corruption Commission

20. Establishment of the National Anti - Corruption Commission
21. Constitution of the NACC
22. Functions of the NACC

PART 4--PROTECTIONS--FOR DISCLOSERS UNDER THIS ACT

Division 1--Meaning of NACC disclosure

23. Meaning of NACC disclosure

Division 2--Protection of persons from liability

24. Protection of persons from liability
25. Liability for false or misleading statements unaffected
26. Person's liability for own conduct not affected
27. Claims for protection
28. Protection has effect despite other Commonwealth laws

Division 3--Protection from reprisals

29. What constitutes taking a reprisal
30. Offences--reprisals in relation to NACC disclosures

Division 4--Protection for journalists' informants

31. Protection for journalists' informants

PART 5--REFERRING--CORRUPTION ISSUES

Division 1--Voluntary referrals

32. Any person may refer corruption issue

Division 2--Mandatory referrals

33. Mandatory referral--Commonwealth agencies other than intelligence agencies
34. Mandatory referral--intelligence agencies
35. Mandatory referral--Public Interest Disclosure Act disclosures
36. Mandatory referral--secrecy protection provisions
37. Mandatory referral--exceptions
38. Mandatory referral--timing and information requirements

Division 3--Other matters relating to referrals

39. Effect of referral on continued actions

PART 6--DEALING--WITH CORRUPTION ISSUES

Division 1--Dealing with corruption issues

40. Commissioner may deal with corruption issues
41. How Commissioner deals with corruption issues
42. Preliminary investigations by Commissioner
43. Commissioner's directions about further action
44. Action that can be taken without permission
45. Previous investigations by Commonwealth integrity agencies
46. Matters dealt with by Independent Parliamentary Expenses Authority
47. Matters dealt with by Electoral Commissioner
48. Public statements about corruption issues

Division 2--Investigations conducted by Commonwealth agencies

49. Application
50. Commissioner may oversee investigation
51. Commissioner may give directions
52. Commissioner may require reports
53. Commissioner's comments and recommendations
54. Follow - up action on completion report

PART 7--INVESTIGATING--CORRUPTION ISSUES

Division 1--General

55. Application of Part
56. Conduct of corruption investigations generally

Division 2--Requiring information, documents and things

Subdivision A--Directions to agency heads

57. Directions to agency heads

Subdivision B--Notices to produce

58. Notices to produce
59. Period for complying
60. Offence--failure to comply with notice to produce
61. Offence--producing false or misleading information or documents

Division 3--Hearings

Subdivision A--Commissioner may hold hearings

62. Commissioner may hold hearings
63. Commissioner may summon persons
64. Summons must set out matters for questioning
65. Commissioner may require information, documents and things
66. Legal representation
67. Record of hearings
68. Offence--failure to attend hearing
69. Offence--failure to give information, or produce documents or things
70. Offence--destroying documents or things
71. Offence--giving false or misleading evidence, information or documents
72. Offences--obstructing or hindering hearings, threatening persons present

Subdivision B--Private and public hearings

73. Private and public hearings
74. Evidence that must be given in private
75. Presence of others at private hearings
76. Request to give evidence in private
77. Investigation material from private hearings

Subdivision C--Evidence and procedure

78. Evidence on oath or by affirmation
79. Commissioner may take evidence outside Australia
80. Examination and cross - examination of witnesses
81. Offence--failure to take an oath, make an affirmation or answer a question

Subdivision D--Contempt of the NACC

82. Contempt of the NACC
83. Application for court to deal with contempt
84. Conduct of contempt proceedings
85. Person in contempt may be detained
86. Commissioner may withdraw contempt application
87. Double jeopardy

Subdivision E--Travel documents and arrest of witnesses

88. Applying for orders to deliver travel documents
89. Orders to deliver travel documents
90. Application for warrant to arrest witness
91. Warrant for arrest
92. Powers of judge in relation to person arrested

Subdivision F--Miscellaneous

93. Allowances for travelling and other expenses
94. Protection of Commissioner and legal practitioners assisting

Division 4--Use and disclosure of certain information and material

Subdivision A--Non-disclosure notations

95. Non - disclosure notations
96. When non - disclosure notations must or may be included
97. Cancelling non - disclosure notations
98. Offence--failure to comply with non - disclosure notations

Subdivision B--Use and disclosure of investigation material

99. Meaning of investigation material
100. Directions about use or disclosure of investigation material
101. Offence--use or disclosure of investigation material
102. Disclosure to IGIS officials and Ombudsman officials
103. Making investigation material available to courts
104. Obtaining derivative material
105. Disclosing investigation and derivative material to prosecutors of the witness
106. Court's powers to order disclosure and to ensure a fair trial
107. Certain material may always be disclosed to prosecutors of the witness
108. Use of material by prosecutors
109. Making material available to proceeds of crime authorities

Division 5--Retention and return of documents and things

110. Commissioner may retain documents and things
111. When documents and things must be returned
112. Magistrate may permit documents and things to be retained, forfeited etc.

Division 6--Privileges and protections

113. Self - incrimination
114. Public interest grounds
115. Material sought from legal practitioners
116. Other protections

Division 7--Search powers

Subdivision A--Search powers

117. Entering certain places without a search warrant
118. Receipts for documents and things seized without warrant
119. Search warrants, and stopping and searching conveyances
120. Use and return of documents and things

Subdivision B--Modification of Crimes Act search powers

121. Application of Subdivision
122. Subsection 3C(1)--definition of evidential material
123. Divisions 2, 3 and 5 of Part IAA--references to constable and Commissioner
124. Subsections 3E(1) and (2)--when search warrants can be issued
125. Subsection 3E(4)--previous warrants
126. Provisions of sections 3E, 3F, 3L and 3LAA
127. Subparagraph 3LA(2)(b)(i)--accessing computer systems
128. Provisions of section 3T

Division 8--Interaction with criminal procedure and confiscation proceedings

Subdivision A--Key concepts

129. Meaning of pre - charge
130. Meaning of post - charge
131. Meaning of relevant offence
132. Meaning of imminent and protected suspect
133. Meaning of derivative material
134. Meaning of pre - confiscation application
135. Meaning of post - confiscation application
136. Meaning of confiscation proceeding
137. Meaning of relevant confiscation proceeding
138. Meaning of proceeds of crime authority
139. When a charge or confiscation proceeding is resolved

Subdivision B--Commissioner's powers--limited operation provisions

140. Limited operation--Commissioner's power to issue notices to produce
141. Limited operation--Commissioner's power to hold hearings
142. Limited operation--Commissioner's power to summon person
143. Limited operation--obtaining derivative material
144. Limited operation--disclosing investigation material to prosecutors of the witness
145. Limited operation--disclosing derivative material to prosecutors of the witness
146. Limited operation--material that may always be disclosed to prosecutors of the witness
147. Limited operation--disclosing material to proceeds of crime authorities

Subdivision C--Witness' fair trial--limited operation

148. Limited operation--witness' fair trial

PART 8--REPORTING--ON CORRUPTION INVESTIGATIONS

149. Report on corruption investigation
150. Effect of findings or opinions about corrupt conduct
151. Excluding certain information from investigation report
152. Protected information report
153. Opportunity to respond must be given before including certain information in investigation report
154. Commissioner to give copies of reports to certain persons
155. Tabling of investigation report in Parliament
156. Publishing investigation report in whole or part
157. Opportunity to respond must be given before publishing an investigation report containing critical opinions etc.
158. Advising person who referred corruption issue of outcome of the investigation
159. Advising person whose conduct is investigated of outcome of the investigation
160. Follow - up action on investigation report

PART 9--PUBLIC--INQUIRIES

161. Commissioner may conduct public inquiries
162. Commissioner may invite submissions
163. Commissioner's powers
164. Reporting on public inquiries
165. Protected information report
166. Opportunity to respond must be given before including certain information in inquiry report
167. Commissioner to give copies of reports to certain persons
168. Tabling of inquiry report in Parliament
169. Publishing inquiry report in whole or part
170. Opportunity to respond must be given before publishing an inquiry report containing critical opinions etc.
171. Follow - up action on inquiry report

PART 10--OVERSIGHT--OF THE NATIONAL ANTI-CORRUPTION COMMISSION

Division 1--Parliamentary Joint Committee on the National Anti-Corruption Commission

172. Parliamentary Joint Committee on the National Anti - Corruption Commission
173. Chair of the Committee
174. Eligibility for appointment as a Committee member
175. Terms of office of Committee members
176. Powers and proceedings of the Committee
177. Functions of the Committee
178. Committee may approve or reject recommendation for appointment
179. Staff of the Committee must be cleared for security purposes
180. Protection of information and documents
181. Committee's access to certain information

Division 2--The Inspector of the National Anti-Corruption Commission

Subdivision A--Functions and powers of the Inspector

182. The Inspector
183. Independence
184. Functions of the Inspector

Subdivision B--Appointment of the Inspector

185. Appointment of the Inspector
186. Acting appointments
187. Remuneration
188. Leave of absence
189. Other paid work
190. Disclosure of interests to the Minister
191. Other terms and conditions
192. Resignation
193. Termination of appointment

Subdivision C--Persons assisting the Inspector

194. Persons assisting the Inspector
195. Meaning of person assisting the Inspector

Subdivision D--Immunities of Inspector and persons assisting

196. Immunity from civil proceedings for the Inspector and persons assisting
197. Immunities from certain State and Territory laws

Subdivision E--Annual report by Inspector

198. Annual report
199. Exclusion of certain information from annual report
200. Effect of findings or opinions about corrupt conduct

Division 3--NACC corruption issues

Subdivision A--Meaning of NACC corruption issue

201. Meaning of NACC corruption issue

Subdivision B--Referring NACC corruption issues

202. Any person may refer NACC corruption issue
203. Mandatory referral--Commissioner
204. Mandatory referral--Public Interest Disclosure Act disclosures
205. Mandatory referral--secrecy provisions
206. Mandatory referral--exceptions
207. Mandatory referral--timing and information requirements
208. Effect of referral on continued actions

Subdivision C--Dealing with NACC corruption issues

209. Inspector may deal with NACC corruption issues
210. How Inspector deals with NACC corruption issues
211. Other matters related to dealing with NACC corruption issues

Division 4--Investigating and reporting by Inspector

Subdivision A--Investigations by Inspector

212. Application of Division
213. Conduct of investigations generally
214. Inspector's powers to investigate
214A. Inspector's powers to conduct audits

Subdivision B--Reporting on NACC corruption investigations and NACC complaint investigations

215. Report on NACC corruption investigation or NACC complaint investigation
216. Effect of findings or opinions about corrupt conduct
217. Excluding certain information from NACC investigation report
218. Protected information report
219. Opportunity to respond must be given before including certain information in NACC investigation report
220. Inspector to give copies of reports to certain persons
221. Tabling of NACC investigation report in Parliament
222. Publishing NACC investigation report in whole or in part
223. Opportunity to respond must be given before publishing a NACC investigation report containing critical opinions etc.
224. Advising person who referred NACC corruption issue or made complaint of outcome
225. Advising person whose conduct is investigated of outcome of the investigation
226. Follow - up action on NACC investigation report

PART 11--CONFIDENTIALITY--, CONSULTATION AND INFORMATION SHARING

Division 1--Confidentiality requirements

227. Key concepts
228. Confidentiality requirements for entrusted persons
229. Authorisations to record or disclose information
230. Disclosure by authorised discloser in public interest
231. Opportunity to respond must be given before disclosure of critical opinions, findings and recommendations
232. Entrusted persons generally not compellable in proceedings
233. Confidentiality requirements for persons who receive information about investigations and inquiries

Division 2--Protected information reports

234. Public disclosure of protected information reports prohibited

Division 3--National security and related matters

Subdivision A--Attorney-General's certificates about release of information

235. Attorney - General's certificate in relation to particular information
236. Attorney - General's certificate in relation to international relations

Subdivision B--Arrangements relating to intelligence agencies and the IGIS

237. Person investigating or inquiring must consult--security matters
238. Consultation before requiring information, documents or things from IGIS officials
239. Arrangements for dealing with intelligence information

Subdivision C--Arrangements relating to foreign nationals

240. Person investigating or inquiring must consult--foreign nationals

PART 12--ADMINISTRATIVE--PROVISIONS FOR THE NATIONAL ANTI-CORRUPTION COMMISSION

Division 1--Appointment of the NACC Commissioners

241. Appointment of the Commissioner
242. Appointment of the Deputy Commissioners
243. Acting appointments
244. Remuneration
245. Leave of absence
246. Other paid work
247. Disclosure of interests
248. Other terms and conditions
249. Resignation
250. Termination of appointment

Division 2--The CEO, staff etc. and authorised officers

Subdivision A--Appointment and functions of the CEO

251. The Chief Executive Officer
252. Functions of CEO
253. Commissioner may give directions to CEO
254. Appointment of CEO
255. Acting appointments
256. Remuneration
257. Leave of absence
258. Other paid work
259. Other terms and conditions
260. Resignation
261. Termination of appointment

Subdivision B--Staff and consultants etc.

262. Staff
263. Consultants
264. Persons assisting the NACC
265. Counsel assisting the NACC or a NACC Commissioner
266. Meaning of staff member of the NACC

Subdivision C--Authorised officers

267. Appointment of authorised officers
268. Identity cards

Division 3--Immunities of staff members of the NACC

269. Immunity from civil proceedings for staff members of the NACC and persons assisting
270. Immunities from certain State and Territory laws

Division 4--Annual report by Commissioner

271. Annual report
272. Exclusion of certain information from annual report
273. Effect of findings or opinions about corrupt conduct

PART 13--MISCELLANEOUS

Division 1--Parliamentary privilege and other protections

274. Effect of Act on parliamentary privileges and immunities
275. Protections relating to non - judicial functions and powers

Division 2--Delegations and review

276. Delegation by the Commissioner
276A. Delegation by the Inspector
277. Delegation by heads of Commonwealth agencies
278. Review of operation of Act

Division 3--Instruments under the Act

279. Guidelines
280. Regulations

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