Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Divisions 2 to 6 and 8 of Part 7, and sections 117, 118, 120, 267 and 268, apply in relation to the investigation with the modifications set out in the following table:
Modifications | ||
Item | A reference to... | is taken to... |
1 | the Commissioner | be a reference to the Inspector. |
2 | the NACC | be a reference to the Inspector. |
3 | be a reference to the Inspector. | |
4 | be a reference to: (a) a NACC corruption issue; or (b) a complaint made in relation to the conduct or activities of the NACC or a staff member of the NACC. | |
5 | be a reference to: (a) a NACC corruption investigation; or (b) a NACC complaint investigation. | |
6 | be a reference to a person appointed by the Inspector under section 267 (appointment of authorised officers) as applied by this section. | |
7 | an agency head | include a reference to the Commissioner. |
8 | a head | include a reference to the Commissioner. |
9 | include a reference to the NACC. | |
10 | an agency | include a reference to the NACC. |
11 | a staff member of the NACC | be a reference to: (a) the Inspector; or (b) a person assisting the Inspector. |
(2) However:
(a) Subdivision E of Division 3 of Part 7 (travel documents and arrest of witnesses) does not apply for the purposes of a NACC complaint investigation; and
(b) the following provisions of that Part, as applied by this section, do not authorise, in the context of a NACC complaint investigation, the taking of any action in relation to a post - charge or a post - confiscation application event:
(i) Subdivision B of Division 2 (notices to produce);
(ii) Division 3 (hearings); and
(c) item 6 of the table in subsection (1) does not apply to subsections 267(1) and (4); and
(d) item 11 of the table in subsection (1) does not apply to the following provisions:
(i) paragraph 104(3)(a);
(ii) paragraph 143(3)(a).