Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 142

Limited operation--Commissioner's power to summon person

Limitation to pre - charge and pre - confiscation application operation

  (1)   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:

  (a)   a pre - charge summons;

  (b)   a pre - confiscation application summons.

Limitation of scope of post - charge summons

  (2)   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

  (3)   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

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

  (a)   subsection   63(2) excluded any reference to a post - confiscation summons or a confiscation proceeding; and

  (b)   paragraph   63(6)(b) were omitted.

Limitation to post - confiscation operation

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

  (a)   subsection   63(2) excluded any reference to a post - charge summons or a charge; and

  (b)   paragraph   63(6)(a) were omitted.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback