Independent Commission Against
Corruption Amendment (Operations
Review Committee) Bill 2006

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Independent Commission Against Corruption
Act 1988 (the Principal Act) to abolish the Operations Review Committee. The
Committee’s role has been to advise the Commissioner of the Independent
Commission Against Corruption (the Commission) whether the Commission should
investigate a complaint made under the Principal Act or discontinue an investigation
of such a complaint. More general oversight of the Commission is now undertaken
by the Inspector of the Independent Commission Against Corruption, the office of
which was established by the Independent Commission Against Corruption
Amendment Act 2005. The Inspector has power to investigate any aspect of the
Commission’s operations or any conduct of officers of the Commission.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent.

Clause 3 is a formal provision that gives effect to the amendments to the
Independent Commission Against Corruption Act 1988 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced, the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [1]–[4] remove provisions from the Principal Act that deal with the
Operations Review Committee.

Schedule 1 [5] inserts savings, transitional and other provisions into the Principal
Act:

(a) to formally abolish the Operations Review Committee, and

(b) to make it clear that a person who ceases to hold office as a member of the
Committee because it is abolished is not entitled to any remuneration or
compensation because of the loss of that office, and

(c) to make it clear that the Committee has no ongoing functions in relation to
complaints made or matters referred before its abolition, and

(d) to continue to apply the secrecy provisions of the Principal Act to a former
member of the Committee.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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