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INDEPENDENT COMMISSIONER AGAINST CORRUPTION AMENDMENT ACT 2023 (NO 29 OF 2023) - SECT 51

Part 10, Division 2 inserted

After section 170

insert

Division 2     Transitional matters for Independent Commissioner Against Corruption Amendment Act 2023

171     Definition

In this Part:

"amending Act" means the Independent Commissioner Against Corruption Amendment Act 2023 .

172     Application of section 18A

Section 18A does not apply to any investigation that began before the commencement of that section.

173     Application of amendments to section 82

Section 82, as in force immediately before the commencement of section 26 of the amending Act, continues to apply for the purposes of a disciplinary proceeding that occurs after the commencement in relation to a representation made by a witness in evidence given to the ICAC or an authorised officer before the commencement.

174     Application of amendments to section 126

The amendments to section 126 by the amending Act do not apply to a person who was a member of ICAC staff immediately before the commencement of section 33 of the amending Act for as long as the person remains continuously employed or engaged as a member of ICAC staff after that commencement.

175     Application of amendments to section 143

The amendments to section 143 by the amending Act do not apply to a person who was a member of Inspector staff immediately before the commencement of section 42 of the amending Act for as long as the person remains continuously employed or engaged as a member of Inspector staff after that commencement.

176     Application of new defences included in sections 146 and 147

    (1)     The defences in section 146(3)(a)(v) and (f) also apply to an offence against section 146(1) committed before the commencement of section 44 (2) of the amending Act.

    (2)     The defence in section 147(5)(a)(iii) also applies to an offence against section 147(4) committed before the commencement of section 46 (2) of the amending Act.

177     Application of offences against sections 148 to 150

    (1)     Sections 148, 149 and 150, as in force immediately before the commencement, continue to apply in relation to offences committed before the commencement.

    (2)     For subsection (1), if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.

    (3)     In this section:

"commencement" means the commencement of section 47 of the amending Act.

Note for section 177

See section 121(1) of the Sentencing Act 1995 .

178     Application of section 155A

Section 155A also applies to an offence committed before the commencement of section 49 of the amending Act.



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