Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 88, 2022
Compilation No. 8
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024 and Act No. 86, 2024
About this compilation
This compilation
This is a compilation of the National Anti-Corruption Commission Act 2022 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
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 staff 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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
National Anti-Corruption Commission Act 2022 | 88, 2022 | 12 Dec 2022 | s 8-171 and 182-280: 1 July 2023 (s 2(1) items 2, 4, 5) |
|
23, 2023 | 19 June 2023 | Sch 4 (items 3-5): 1 July 2023 (s 2(1) item 5) | Sch 4 (item 5) | |
Inspector-General of Aged Care (Consequential and Transitional Provisions) Act 2023 | 56, 2023 | 17 Aug 2023 | Sch 1 (items 5, 6): 16 Oct 2023 (s 2(1) item 1) | -- |
71, 2023 | 19 Sept 2023 | Sch 4 (item 18): 17 Oct 2023 (s 2(1) item 5) | -- | |
Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023 | 73, 2023 | 20 Sept 2023 | Sch 2 (item 3): 21 Sept 2023 (s 2(1) item 3) | -- |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 4 (item 54): 18 Oct 2023 (s 2(1) item 3) | -- |
Inspector-General of Live Animal Exports Amendment (Animal Welfare) Act 2023 | 108, 2023 | 4 Dec 2023 | Sch 1 (items 24-33): 5 Dec 2023 (s 2(1) item 1) | -- |
31, 2024 | 30 May 2024 | Sch 1 (item 62): 1 July 2025 (s 2(1) item 2) | -- | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 2 (item 96): 14 Oct 2024 (s 2(1) item 2) | -- |
86, 2024 | 17 Sept 2024 | Sch 1 (item 14): 14 Oct 2024 (s 2(1) item 3) | -- |
Provision affected | How affected |
Part 1 |
|
s 7..................... | am No 56, 2023; No 74, 2023; No 108, 2023 |
Part 2 |
|
Division 3 |
|
s 11.................... | am No 108, 2023 |
Division 4 |
|
s 12.................... | am No 71, 2023; No 108, 2023; No 39, 2024 |
Division 5 |
|
s 15.................... | am No 56, 2023; No 108, 2023; No 86, 2024 |
Part 4 |
|
Division 3 |
|
s 29.................... | am No 23, 2023 |
s 30.................... | rs No 23, 2023 |
Part 6 |
|
Division 1 |
|
s 46.................... | am No 31, 2024 |
Part 7 |
|
Division 4 |
|
Subdivision B |
|
s 101................... | am No 73, 2023 |
Part 13 |
|
Division 3 |
|
s 280................... | am No 31, 2024 |