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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Investigation and Prosecution Measures
Bill 2017
No. , 2017
(Attorney-General)
A Bill for an Act to amend the law relating to the
Independent Commission Against Corruption of
New South Wales and the prosecution of offences
on Norfolk Island, and for related purposes
No. , 2017
Investigation and Prosecution Measures Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Independent Commission Against Corruption of
New South Wales
3
Part 1--Definitions
3
Part 2--Telecommunications (Interception and Access) Act
1979
4
Division 1--Amendments
4
Telecommunications (Interception and Access) Act 1979
4
Division 2--Transitional provisions
4
Part 3--Surveillance Devices Act 2004
7
Division 1--Amendments
7
Surveillance Devices Act 2004
7
Division 2--Transitional provisions
7
Part 4--General transitional provisions
10
Schedule 2--Functions and powers of the Director of Public
Prosecutions in relation to Norfolk Island
12
Part 1--Amendment of the Director of Public Prosecutions Act
1983
12
Director of Public Prosecutions Act 1983
12
Part 2--References to a law of a Territory
13
Part 3--Validation of things done under the Director of Public
Prosecutions Amendment (Norfolk Island)
Regulations 2017
14
No. , 2017
Investigation and Prosecution Measures Bill 2017
1
A Bill for an Act to amend the law relating to the
1
Independent Commission Against Corruption of
2
New South Wales and the prosecution of offences
3
on Norfolk Island, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Investigation and Prosecution Measures Act 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Investigation and Prosecution Measures Bill 2017
No. , 2017
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) the day this Act receives the Royal
Assent; and
(b) the day the Independent Commission
Against Corruption Amendment Act 2016
(NSW) commences.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
3. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Independent Commission Against Corruption of New South Wales Schedule 1
Definitions Part 1
No. , 2017
Investigation and Prosecution Measures Bill 2017
3
Schedule 1--Independent Commission
1
Against Corruption of New South
2
Wales
3
Part 1--Definitions
4
1 Definitions
5
In this Schedule:
6
new Commission means the Independent Commission Against
7
Corruption of New South Wales, as constituted by the Independent
8
Commission Against Corruption Act 1988 (NSW) on and after the
9
commencement of the Independent Commission Against Corruption
10
Amendment Act 2016 (NSW).
11
old Commission means the Independent Commission Against
12
Corruption of New South Wales, as constituted by the Independent
13
Commission Against Corruption Act 1988 (NSW) before the
14
commencement of the Independent Commission Against Corruption
15
Amendment Act 2016 (NSW).
16
Schedule 1 Independent Commission Against Corruption of New South Wales
Part 2 Telecommunications (Interception and Access) Act 1979
4
Investigation and Prosecution Measures Bill 2017
No. , 2017
Part 2--Telecommunications (Interception and
1
Access) Act 1979
2
Division 1
--Amendments
3
Telecommunications (Interception and Access) Act 1979
4
2 Subsection 5(1) (subparagraph (e)(i) of the definition of
5
certifying officer)
6
Omit "the Commissioner, or an Assistant Commissioner,", substitute
7
"the Chief Commissioner, a Commissioner or an Assistant
8
Commissioner".
9
3 Subsection 5(1) (paragraph (e) of the definition of chief
10
officer)
11
Omit "the Commissioner", substitute "the Chief Commissioner".
12
4 Subsection 5AC(6)
13
Omit "The Commissioner", substitute "The Chief Commissioner".
14
5 Paragraph 68(ea)
15
Omit "the Commissioner", substitute "the Chief Commissioner".
16
Division 2
--Transitional provisions
17
6 Transitional
--warrants issued to the old Commission
18
A warrant that:
19
(a) was issued to the old Commission under the
20
Telecommunications (Interception and Access) Act 1979; and
21
(b) was issued before the commencement of this Schedule; and
22
(c) was in force immediately before that commencement;
23
continues in force (and may be dealt with) on and after that
24
commencement as if it had been issued to the new Commission.
25
7 Transitional
--authorisations made by an authorised officer
26
of the old Commission
27
An authorisation that:
28
Independent Commission Against Corruption of New South Wales Schedule 1
Telecommunications (Interception and Access) Act 1979 Part 2
No. , 2017
Investigation and Prosecution Measures Bill 2017
5
(a) was made by an authorised officer of the old Commission
1
under Division 4 of Part 4-1 of the Telecommunications
2
(Interception and Access) Act 1979; and
3
(b) was issued before the commencement of this Schedule; and
4
(c) was in force immediately before that commencement;
5
continues in force (and may be dealt with) on and after that
6
commencement as if it had been made by an authorised officer of the
7
new Commission.
8
8 Transitional
--preservation notices given by the old
9
Commission
10
A domestic preservation notice that:
11
(a) was given by the old Commission under the
12
Telecommunications (Interception and Access) Act 1979; and
13
(b) was issued before the commencement of this Schedule; and
14
(c) was in force immediately before that commencement;
15
continues in force (and may be dealt with) on and after that
16
commencement as if it had been given by the new Commission.
17
9 Transitional
--evidentiary certificates issued by a certifying
18
officer of the old Commission
19
A written certificate that:
20
(a) was issued by a certifying officer of the old Commission
21
under section 61, 107U, 130 or 185C of the
22
Telecommunications (Interception and Access) Act 1979; and
23
(b) was issued before the commencement of this Schedule; and
24
(c) was in force immediately before that commencement;
25
continues in force (and may be dealt with) on and after that
26
commencement as if it had been issued by a certifying officer of the
27
new Commission.
28
10 Transitional
--transfer of information or documents
29
acquired under the Telecommunications (Interception
30
and Access) Act 1979
31
(1)
This item applies to information and documents that:
32
(a) are acquired by the old Commission before, on or after the
33
commencement of this Schedule; and
34
Schedule 1 Independent Commission Against Corruption of New South Wales
Part 2 Telecommunications (Interception and Access) Act 1979
6
Investigation and Prosecution Measures Bill 2017
No. , 2017
(b) are information or documents of any of the following kinds:
1
(i) lawfully intercepted information;
2
(ii) interception warrant information;
3
(iii) lawfully accessed information;
4
(iv) preservation notice information;
5
(v) stored communications warrant information;
6
(vi) information or documents voluntarily disclosed to the
7
old Commission in accordance with section 177 of the
8
Telecommunications (Interception and Access) Act
9
1979;
10
(vii) information or documents disclosed under an
11
authorisation made under Part 4-1 of that Act;
12
(viii) any other information or documents lawfully acquired
13
by the old Commission under that Act.
14
(2)
Nothing in any law of the Commonwealth prevents the Commissioner
15
of the old Commission from communicating that information or
16
producing those documents to the new Commission on or after that
17
commencement.
18
Independent Commission Against Corruption of New South Wales Schedule 1
Surveillance Devices Act 2004 Part 3
No. , 2017
Investigation and Prosecution Measures Bill 2017
7
Part 3--Surveillance Devices Act 2004
1
Division 1
--Amendments
2
Surveillance Devices Act 2004
3
11 Subsection 6A(7) (table item 10)
4
Repeal the item, substitute:
5
6
10
Independent
Commission
Against
Corruption
of New
South Wales
the Chief
Commissioner
of the
Commission
an officer of the
Commission
(within the
meaning of the
Independent
Commission
Against
Corruption Act
1988 (NSW))
(a) the Chief
Commissioner; or
(b) a Commissioner;
or
(c) an Assistant
Commissioner; or
(d) an executive level
officer of the
Commission
whom the chief
officer authorises
under
subsection (5)
Division 2
--Transitional provisions
7
12 Transitional
--warrants issued to a law enforcement officer
8
of the old Commission
9
A warrant that:
10
(a) was issued under the Surveillance Devices Act 2004 to a law
11
enforcement officer who belonged to or was seconded to the
12
old Commission; and
13
(b) was issued before the commencement of this Schedule; and
14
(c) was in force immediately before that commencement;
15
continues in force (and may be dealt with) on and after that
16
commencement as if it had been issued to a law enforcement officer
17
who belonged to or was seconded to the new Commission.
18
Schedule 1 Independent Commission Against Corruption of New South Wales
Part 3 Surveillance Devices Act 2004
8
Investigation and Prosecution Measures Bill 2017
No. , 2017
13 Transitional
--authorisations given by an appropriate
1
authorising officer of the old Commission
2
An emergency authorisation or tracking device authorisation that:
3
(a) was given under the Surveillance Devices Act 2004 by an
4
appropriate authorising officer of the old Commission; and
5
(b) was given before the commencement of this Schedule; and
6
(c) was in force immediately before that commencement;
7
continues in force (and may be dealt with) on and after that
8
commencement as if it had been given by an appropriate authorising
9
officer of the new Commission.
10
14 Transitional
--evidentiary certificates issued by an
11
appropriate authorising officer of the old Commission
12
A written certificate that:
13
(a) was issued under section 62 of the Surveillance Devices Act
14
2004 by an appropriate authorising officer of the old
15
Commission, or by a person assisting an appropriate
16
authorising officer of the old Commission; and
17
(b) was issued before the commencement of this Schedule; and
18
(c) was in force immediately before that commencement;
19
continues in force (and may be dealt with) on and after that
20
commencement as if it had been issued by an appropriate authorising
21
officer of the new Commission.
22
15 Transitional
--transfer of information or documents
23
acquired under the Surveillance Devices Act 2004
24
(1)
This item applies to information and documents that:
25
(a) are acquired by the old Commission before, on or after the
26
commencement of this Schedule; and
27
(b) are information or documents of any of the following kinds:
28
(i) protected information;
29
(ii) any other information or documents lawfully acquired
30
by the old Commission under the Surveillance Devices
31
Act 2004.
32
(2)
Nothing in any law of the Commonwealth prevents the Commissioner
33
of the old Commission from communicating that information or
34
Independent Commission Against Corruption of New South Wales Schedule 1
Surveillance Devices Act 2004 Part 3
No. , 2017
Investigation and Prosecution Measures Bill 2017
9
producing those documents to the new Commission on or after that
1
commencement.
2
Schedule 1 Independent Commission Against Corruption of New South Wales
Part 4 General transitional provisions
10
Investigation and Prosecution Measures Bill 2017
No. , 2017
Part 4--General transitional provisions
1
16 Transitional
--things done
or not done
by, or in relation to,
2
the old Commission
3
(1)
For the purposes of a law of the Commonwealth, anything done or not
4
done before the commencement of this Schedule by, or in relation to, a
5
person mentioned in column 1 of an item of the following table, has
6
effect on and after that commencement as if it had been done or not
7
done by, or in relation to, a person mentioned in column 2 of that item
8
of the table.
9
10
Things done or not done by, or in relation to, the old Commission
Item
Column 1
Column 2
1
The old Commission
The new Commission
2
The Commissioner of the old
Commission
The Chief Commissioner of the new
Commission
3
An Assistant Commissioner of the
old Commission
A Commissioner of the new
Commission
(2)
To avoid doubt, a report that is required to be prepared or given under a
11
law of the Commonwealth:
12
(a) on or after the commencement of this Schedule; and
13
(b) about a thing done or not done by, or in relation to, a person
14
mentioned in column 2 of an item of the table;
15
must, to the extent (if any) that the period to be covered by the report
16
occurs before that commencement, cover such a thing done or not done
17
by, or in relation to, a person mentioned in column 1 of that item of the
18
table.
19
(3)
Division 2 of Part 2 and Division 2 of Part 3 of this Schedule do not
20
limit, and are not limited by, this item.
21
17 Transitional
--transfer of other information or documents
22
(1)
This item applies to information and documents that are lawfully
23
acquired by the old Commission before, on or after the commencement
24
of this Schedule.
25
Independent Commission Against Corruption of New South Wales Schedule 1
General transitional provisions Part 4
No. , 2017
Investigation and Prosecution Measures Bill 2017
11
(2)
Nothing in any law of the Commonwealth prevents the Commissioner
1
of the old Commission from communicating that information or
2
producing those documents to the new Commission on or after that
3
commencement.
4
(3)
Items 10 and 15 of this Schedule do not limit, and are not limited by,
5
this item.
6
18 Transitional
--Minister may make rules
7
(1)
The Minister may, by legislative instrument, make rules prescribing
8
matters of a transitional nature (including prescribing any saving or
9
application provisions) relating to:
10
(a) the amendments or repeals made by this Schedule; or
11
(b) the abolition of the old Commission (so far as it is relevant to
12
an Act amended by this Schedule); or
13
(c) the establishment of the new Commission (so far as it is
14
relevant to an Act amended by this Schedule).
15
(2)
To avoid doubt, the rules may not do the following:
16
(a) create an offence or civil penalty;
17
(b) provide powers of:
18
(i) arrest or detention; or
19
(ii) entry, search or seizure;
20
(c) impose a tax;
21
(d) set an amount to be appropriated from the Consolidated
22
Revenue Fund under an appropriation in this Act;
23
(e) directly amend the text of this Act.
24
Schedule 2 Functions and powers of the Director of Public Prosecutions in relation to
Norfolk Island
Part 1 Amendment of the Director of Public Prosecutions Act 1983
12
Investigation and Prosecution Measures Bill 2017
No. , 2017
Schedule 2--Functions and powers of the
1
Director of Public Prosecutions in
2
relation to Norfolk Island
3
Part 1--Amendment of the Director of Public
4
Prosecutions Act 1983
5
Director of Public Prosecutions Act 1983
6
1 Subsection 3(1) (paragraph (b) of the definition of law of the
7
Commonwealth)
8
Repeal the paragraph.
9
2 Subsection 3(1) (paragraph (c) of the definition of law of the
10
Commonwealth)
11
Omit "paragraph (aa), (a) or (b)", substitute "paragraph (aa) or (a)".
12
Functions and powers of the Director of Public Prosecutions in relation to Norfolk
Island Schedule 2
References to a law of a Territory Part 2
No. , 2017
Investigation and Prosecution Measures Bill 2017
13
Part 2--References to a law of a Territory
1
3 References to a law of a Territory
2
To avoid doubt, in the Director of Public Prosecutions Act 1983 and
3
any instrument made under that Act, a reference to a law of a Territory
4
includes a reference to a law in force in Norfolk Island at any time,
5
whether before or after the commencement of this item.
6
Schedule 2 Functions and powers of the Director of Public Prosecutions in relation to
Norfolk Island
Part 3 Validation of things done under the Director of Public Prosecutions Amendment
(Norfolk Island) Regulations 2017
14
Investigation and Prosecution Measures Bill 2017
No. , 2017
Part 3--Validation of things done under the Director
1
of Public Prosecutions Amendment (Norfolk
2
Island) Regulations 2017
3
4 Validation
4
(1)
This item applies if any amendment made by the Director of Public
5
Prosecutions Amendment (Norfolk Island) Regulations 2017 is found to
6
be invalid.
7
(2)
The Director of Public Prosecutions Regulations 1984, as those
8
regulations were purportedly amended by the Director of Public
9
Prosecutions Amendment (Norfolk Island) Regulations 2017, are as
10
valid and effective as they would have been if the amendment had been
11
valid.
12
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