Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"accountable authority" has the same meaning as in the PGPA Act.
"AFP" means the Australian Federal Police.
"AFP Commissioner" means the Commissioner of Police (within the meaning of the Australian Federal Police Act 1979 ).
"agency head" : see subsection 11(1).
"annual report" : see subsections 198(1) and 271(1).
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian Geospatial-Intelligence Organisation" means that part of the Defence Department known as the Australian Geospatial - Intelligence Organisation.
"Australian travel document" has the same meaning as in the Australian Passports Act 2005 .
"authorised discloser" : see subsection 227(1).
"authorised officer" means:
(a) the Commissioner; or
(b) a Deputy Commissioner; or
(c) a person appointed under section 267 (appointment of authorised officers).
"CEO" means the Chief Executive Officer of the National Anti - Corruption Commission.
Note: See section 251.
"civil penalty proceeding" means a proceeding for a civil penalty in relation to a contravention of a law of the Commonwealth or of a State or Territory.
"Commissioner" means the National Anti - Corruption Commissioner.
Note: See section 16.
"Committee" means the Parliamentary Joint Committee on the National Anti - Corruption Commission for the time being constituted under Division 1 of Part 10.
"Commonwealth agency" : see section 11.
"Commonwealth company" has the same meaning as in the PGPA Act.
"Commonwealth contract" : see subsection 13(2).
"Commonwealth entity" has the same meaning as in the PGPA Act.
"Commonwealth integrity agency" : see section 15.
"completion report" : see paragraph 52(b).
"confiscation proceeding" : see section 136.
"constable" means:
(a) a member or special member of the AFP; or
(b) a member of the police force or police service of a State or Territory.
"container" includes:
(a) a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and
(b) any baggage; and
(c) any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose.
"contract" includes any arrangement, agreement, deed or understanding.
"contracted service provider" : see section 13.
"contravenes" :
(a) for a certificate issued under section 235--see subsection 235(9); and
(b) for an international relations certificate--see subsection 236(8).
"conveyance" includes an aircraft, vehicle or vessel.
"corporate Commonwealth entity" has the same meaning as in the PGPA Act.
"corrupt conduct" : see section 8.
"corruption investigation" : see subsection 41(2).
"corruption issue" : see section 9.
"criminal proceeding" means a prosecution for an offence against a law of the Commonwealth or of a State or Territory.
"Defence Department" means the Department administered by the Minister administering Part III of the Defence Act 1903 .
"Defence Intelligence Organisation" means that part of the Defence Department known as the Defence Intelligence Organisation.
"Deputy Commissioner" means a National Anti - Corruption Deputy Commissioner.
Note: See section 18.
"derivative material" : see section 133.
"detriment" : see subsection 29(2).
"direction to produce" : see subsection 57(3).
"entrusted person" : see subsection 227(2).
"exempt secrecy provision" means any of the following secrecy provisions:
(a) Part 11 of the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 ;
(b) section 34 of the Inspector - General of Intelligence and Security Act 1986 ;
(c) a secrecy provision under the My Health Records Act 2012 ;
(d) a secrecy provision in Part VIIIA of the Privacy Act 1988 ;
(e) sections 45 and 45B of the Surveillance Devices Act 2004 ;
(f) a secrecy provision that is a provision of a taxation law within the meaning of the Taxation Administration Act 1953 ;
(g) sections 63 and 133 of the Telecommunications (Interception and Access) Act 1979 ;
(h) a secrecy provision that is expressed by another law of the Commonwealth to have effect despite this Act;
(i) anything done under a provision referred to in paragraphs (a) to (h).
"Federal Court" means the Federal Court of Australia.
"finance law" has the same meaning as in the PGPA Act.
"Foreign Affairs Department" : see subsection 240(3).
"head" :
(a) of a Commonwealth agency--see subsection 11(1); and
(b) of a State or Territory government entity--means the person holding, or performing the duties of, the principal office in respect of the entity.
"hearing" means a hearing held under this Act.
"IGIS" means the Inspector - General of Intelligence and Security.
"IGIS official" means:
(a) the IGIS; or
(b) any other person covered by subsection 32(1) of the Inspector - General of Intelligence and Security Act 1986 .
"imminent" : for when a charge for an offence, or a confiscation proceeding, is imminent , see subsections 132(1) and (2).
"inquiry report" : see subsection 164(1).
"Inspector" means the Inspector of the National Anti - Corruption Commission.
Note: See section 182.
"Inspector-General of Aged Care" means the Inspector - General of Aged Care referred to in section 9 of the Inspector - General of Aged Care Act 2023 .
"Inspector-General of Animal Welfare and Live Animal Exports" means the Inspector - General of Animal Welfare and Live Animal Exports referred to in section 9 of the Inspector - General of Animal Welfare and Live Animal Exports Act 2019 .
"Inspector-General of Biosecurity" means the Inspector - General of Biosecurity appointed under section 566A of the Biosecurity Act 2015 .
"Inspector-General of the Australian Defence Force" means the Inspector - General of the Australian Defence Force referred to in section 110B of the Defence Act 1903 .
"Inspector-General of Water Compliance" means the Inspector - General of Water Compliance referred to in section 215B of the Water Act 2007 .
"intelligence agency" means:
(a) the Australian Geospatial - Intelligence Organisation; or
(b) the Australian Secret Intelligence Service; or
(c) the Australian Security Intelligence Organisation; or
(d) the Australian Signals Directorate; or
(e) the Defence Intelligence Organisation; or
(f) the Office of National Intelligence.
"intelligence information" : see subsection 239(6).
"international relations" has the meaning given by section 10 of the National Security Information (Criminal and Civil Proceedings) Act 2004 .
"international relations certificate" : see subsection 236(2).
"investigation material" : see section 99.
"investigation report" : see subsection 149(1).
"law enforcement agency" means:
(a) the AFP; or
(b) a police force or police service of a State or Territory; or
(c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or Territory.
"law of the Commonwealth" includes a law in force in an external Territory or the Jervis Bay Territory, so far as the law is so in force because of an Act providing for the acceptance, administration or government of that Territory.
"legal aid officer" : see subsection 98(5).
"legal practitioner" means a barrister, a solicitor, a barrister and solicitor or a legal practitioner of the High Court or of the Supreme Court of a State or Territory.
"magistrate" : see subsection 112(5).
"medical practitioner" means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.
"NACC" means the National Anti - Corruption Commission.
Note: See section 20.
"NACC Act process" means:
(a) a corruption investigation; or
(b) a NACC complaint investigation; or
(c) a NACC corruption investigation; or
(d) a public inquiry.
"NACC Commissioner" means:
(a) the Commissioner; or
(b) a Deputy Commissioner.
"NACC complaint investigation" : see subsection 212(2).
"NACC corruption investigation" : see subsection 210(2).
"NACC corruption issue" : see section 201.
"NACC disclosure" : see section 23.
"NACC investigation report" : see subsection 215(1).
"non-disclosure notation" : see subsection 95(1).
"notice to produce" : see subsection 58(3).
"occupier" : see subsection 268(6).
"official matter" : see subsection 95(5).
"official of a registered industrial organisation" means a person who holds an office (within the meaning of the Fair Work Act 2009 ) in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009 .
"paid work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
"parliamentarian" means:
(a) a senator; or
(b) a member of the House of Representatives; or
(c) a Minister of State (whether or not a senator or member of the House of Representatives); or
(d) a person who is taken to be the President of the Senate under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or
(e) a person who is taken to be the Speaker of the House of Representatives under the Parliamentary Presiding Officers Act 1965 and who is not a senator or member of the House of Representatives; or
(f) a person to whom remuneration is payable under section 49 of the Parliamentary Business Resources Act 2017 .
"parliamentary office" means the office of a parliamentarian.
Note: A parliamentarian is not a staff member of the parliamentary office (see paragraph 12(5)(c)).
"permanent resident of Australia" : see subsection 240(4).
"person assisting" the Inspector: see section 195.
"PGPA Act" means the Public Governance, Performance and Accountability Act 2013 .
"post-charge" : see section 130.
"post-confiscation application" : see section 135.
"pre-charge" : see section 129.
"pre-confiscation application" : see section 134.
"premises" includes a place, a conveyance or a container.
"private hearing summons" : see subsection 95(4).
"proceeds of crime authority" : see section 138.
"prosecuting authority" : see subsection 105(6).
"prosecutor" : see subsection 105(5).
"protected information report" : see sections 152, 165 and 218.
"protected suspect" : see subsection 132(3).
"psychologist" means a person registered or licensed as a psychologist under a law of a State or Territory that provides for the registration or licensing of psychologists.
"public inquiry" means a public inquiry conducted under Part 9.
"public official" : see section 10.
"relevant confiscation proceeding" : see section 137.
"relevant offence" : see section 131.
"resolved" : for when a charge for an offence, or a confiscation proceeding, is resolved , see section 139.
"secrecy provision" means:
(a) a provision of a law of the Commonwealth that purports to prohibit; or
(b) anything done, under a provision of a law of the Commonwealth, to prohibit;
any of the following:
(c) the use of information, or a document or thing;
(d) dealing with information, or a document or thing;
(e) making a record of information, or a copy of a document or thing;
(f) the disclosure or publication of information;
(g) the production of, or the publication of the contents of, a document;
(h) the production of a thing;
(i) access to information, a document or a thing;
regardless of whether the provision of the law of the Commonwealth:
(j) commenced before the commencement of this definition; or
(k) is expressed to apply despite any other law.
" section 235 certified information" means:
(a) information that is about a matter specified in a certificate in force under section 235; or
(b) information contained in a document specified in a certificate in force under section 235.
"security matter" : see subsection 237(4).
"sensitive information" : see subsection 227(3).
"serious offence" : see subsection 112(6).
"staff member" :
(a) of a Commonwealth agency--see section 12;
(b) of the NACC--see section 266.
"State or Territory government entity" means:
(a) a Department of a State or Territory; or
(b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.
"statutory office holder" : see section 14.
"subsidiary" has the same meaning as in the PGPA Act.
"summons" means a summons issued under section 63.
"superior court judge" : see subsection 90(3).
"takes a reprisal" : see section 29.
"travel document" : see subsection 88(2).
"witness" :
(a) means a person who:
(i) is required to comply with a notice to produce; or
(ii) is summoned to attend a hearing; or
(iii) gives evidence at a hearing; and
(b) in relation to investigation material, has the meaning given by subsection 99(4); and
(c) in relation to derivative material, has the meaning given by subsection 99(5).