Victorian Numbered Acts Victorian Numbered ActsFor Parts 3 and 4 of the Independent Broad-based Anti-corruption Commission Act 2011 substitute —
A person may make a complaint to the IBAC about conduct the person believes may be corrupt conduct.
A person may make a police personnel conduct complaint to the IBAC.
A complaint to the IBAC must be made in writing unless the IBAC determines that there are exceptional circumstances for a complaint to be made otherwise than in writing.
(1) If a detained person informs the person in charge that he or she wishes to make a complaint, the person in charge must—
(a) take all steps to facilitate the making of the complaint; and
(b) subject to subsection (3), immediately forward, unopened, to the IBAC any letter addressed to the IBAC by the detained person.
(2) Subject to subsection (3), if a letter from the IBAC is addressed to the detained person, the person in charge must ensure that it is immediately forwarded, unopened, to the detained person.
(3) If a letter referred to in subsection (1)(b) or (2) is suspected by the person in charge to contain drugs, weapons or other contraband, the letter may be opened by the person in charge, or his or her delegate, in the presence of—
(a) in the case of a letter addressed to the IBAC, the person who wrote the letter and an IBAC Officer; or
(b) in the case of a letter from the
IBAC to the detained person, the person to whom the letter is addressed and an
IBAC Officer.
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(4) Subject to subsection (3), a person, including a person in charge, must not prevent or hinder the forwarding, unopened, of a letter—
(a) addressed to the IBAC from a detained person; or
(b) to a detained person from the IBAC.
Penalty: 120 penalty units or imprisonment for 12 months or both.
(1) A person who makes a complaint may withdraw the complaint at any time after making it.
(2) If a complaint is withdrawn, the IBAC may continue to investigate the matter that is the subject of the complaint.
(3) If a complaint is withdrawn and the IBAC continues to investigate the matter that is the subject of the complaint the investigation is taken to be an investigation conducted by the IBAC on its own motion.
(1) The IBAC may receive from any body or person information relevant to the carrying out of the IBAC's investigative functions or the IBAC's functions under section 9(6)(a).
(2) The IBAC may receive information under subsection (1) even if that information does not form part of, or is not related to, a complaint.
(3) The IBAC may use information received under this section in carrying out its investigative functions.
(1) The relevant principal officer may notify the IBAC of any matter that the person believes on reasonable grounds constitutes corrupt conduct.
(2) The Chief Commissioner of Police must notify the IBAC of any complaint received by the Chief Commissioner of Police about corrupt conduct or police personnel misconduct by a member of police personnel who is not a member of the police force.
(3) If the Chief Commissioner of Police investigates a complaint about police personnel misconduct by a member of police personnel who is not a member of the police force, after completing that investigation, the Chief Commissioner of Police must in writing report to the IBAC on—
(a) the results of the investigation; and
(b) the action (if any) taken or proposed to be taken.
Note
Under sections 86M and 86O of the Police Regulation Act 1958 , the Chief Commissioner of Police must provide the IBAC with certain details relating to complaints about police personnel misconduct by a member of the police force.
(4) The Chief Commissioner of Police must notify the IBAC of any complaint made to a member of the police force under section 86L of the Police Regulation Act 1958 about conduct of—
(a) the Chief Commissioner of Police; or
(b) a Deputy Commissioner of Police; or
(c) an Assistant Commissioner of Police.
(5) A notification under subsection (2) or (4) must be made as soon as practicable after the Chief Commissioner of Police receives the complaint.
(6) The Chief Commissioner of Police may notify the IBAC about police personnel conduct of a member of police personnel.
(7) This section has effect despite any duty of secrecy or other restriction on disclosure.
(1) Subject to subsection (2), the IBAC may conduct an investigation in accordance with its corrupt conduct investigative functions—
(a) on a complaint made to it under section 34; or
(b) on a notification to it under section 40(1); or
(c) on its own motion.
(2) The IBAC must not conduct an investigation under subsection (1) unless it is reasonably satisfied that the conduct is serious corrupt conduct.
(1) An investigation by the IBAC in accordance with its corrupt conduct investigative functions into the conduct of a judicial officer must be conducted by a sworn IBAC Officer who is—
(a) a former judge or former magistrate—
(i) of a court of a higher level than the person whose conduct is being investigated; or
(ii) of the same level but not of the same court as the person whose conduct is being investigated; and
(b) not an Australian legal practitioner.
(2) In performing its corrupt conduct investigative functions in relation to a judicial officer, the IBAC—
(a) must have proper regard for the preservation of the independence of judicial officers; and
(b) must notify, and may consult, the relevant head of jurisdiction unless doing so would prejudice an IBAC investigation.
The IBAC must not include any finding of corrupt conduct of a judicial officer or any other adverse finding in relation to a judicial officer arising from an investigation in—
(a) a special report under section 86; or
(b) an annual report under section 89.
The IBAC must dismiss a complaint or a notification to the IBAC about the conduct of a judicial officer if the complaint or notification directly relates to the merits of a decision, an order or a judgment made by the judicial officer.
(1) The IBAC may conduct an investigation in accordance with its police personnel conduct investigative functions—
(a) on a police personnel conduct complaint made to it under section 35;
(b) on a notification to the IBAC under section 40(2), (4) or (6) or information provided under section 86M of the Police Regulation Act 1958 ;
(c) on its own motion.
(2) The IBAC may attempt to resolve a police personnel conduct complaint under section 35 in relation to police personnel conduct by conciliation.
(3) The IBAC must notify the Chief Commissioner of Police of the proposal to attempt conciliation under subsection (2) before commencing a conciliation.
(4) The IBAC must notify the Chief Commissioner of Police of the results of the attempted conciliation under subsection (2).
(5) The IBAC may conduct an investigation under subsection (1) in relation to police personnel conduct of, or in relation to, a person who was a member of police personnel at the time of the conduct even if that person is no longer a member of police personnel.
(1) Subject to subsection (2), the IBAC must investigate a complaint or a notification to the IBAC or a complaint under section 86L of the Police Regulation Act 1958 in accordance with this Act if that complaint or notification is of conduct of—
(a) the Chief Commissioner of Police; or
(b) a Deputy Commissioner of Police; or
(c) an Assistant Commissioner of Police.
(2) The IBAC may determine that a complaint or a notification referred to in subsection (1) does not warrant investigation if it considers on reasonable grounds that any of the following criteria apply—
(a) the subject matter of the complaint or notification is trivial or unrelated to the functions of the IBAC; or
(b) the complaint or notification is frivolous or vexatious; or
(c) the complaint or notification lacks substance or credibility; or
(d) the matter has already been the subject of a complaint or notification which has been investigated or otherwise dealt with; or
(e) the complaint or notification relates to conduct that occurred at too remote a time to justify investigation; or
(f) the complaint or notification was not made genuinely or was made primarily for a mischievous purpose; or
(g) in all of the circumstances, the conduct does not warrant investigation.
(3) The IBAC may notify a person who made a complaint or notification referred to in subsection (1) of the IBAC's determination that the complaint or notification does not warrant investigation.
(1) Subject to sections 41(2), 44 and 46, the IBAC, in its absolute discretion, may determine that a complaint or a notification to the IBAC does not warrant investigation.
(2) Without limiting subsection (1), the IBAC may determine under that subsection that a complaint or a notification to the IBAC does not warrant investigation if, in the opinion of the IBAC—
(a) the subject matter of the complaint or notification is trivial or unrelated to the functions of the IBAC; or
(b) the complaint or notification is frivolous or vexatious; or
(c) the complaint or notification lacks substance or credibility; or
(d) the matter has already been the subject of a complaint or notification which has been investigated or otherwise dealt with; or
(e) the complaint or notification relates to conduct that occurred at too remote a time to justify investigation; or
(f) the complaint or notification was not made genuinely or was made primarily for a mischievous purpose; or
(g) in all of the circumstances, the conduct does not warrant investigation.
(3) If a person who makes a complaint, other than a complaint referred to in section 46, has delayed making the complaint by more than a year after becoming aware of the conduct which is the subject of the complaint, the IBAC—
(a) may require the person to give an explanation for the delay; and
(b) if not satisfied with the explanation, in its absolute discretion, may decide not to investigate the complaint.
(4) The IBAC may notify a person who made a complaint or notification referred to in subsection (1) of—
(a) its determination under subsection (1) that the complaint or notification does not warrant investigation; or
(b) its decision under subsection (3) not to investigate the complaint.
The IBAC may discontinue an investigation at any time.
(1) The IBAC may commence or continue to investigate a matter despite the fact that any proceedings (whether civil or criminal) are on foot, or are commenced, in any court or tribunal that relate to, or are otherwise connected with, the subject matter of the investigation.
(2) If the IBAC is or becomes aware that such proceedings are on foot, or have been commenced, the IBAC must take all reasonable steps to ensure that the conduct of the investigation does not prejudice those proceedings.
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(1) Subject to subsection (2), the IBAC, by instrument, may appoint a sworn IBAC Officer to be an authorised officer for the purposes of this Act.
(2) The IBAC must not appoint a sworn IBAC Officer to be an authorised officer unless the IBAC is satisfied that the sworn IBAC Officer is suitably qualified or trained to perform the functions and exercise the powers of an authorised officer for the purposes of this Act.
(3) An appointment of a sworn IBAC Officer as an authorised officer—
(a) may, generally or in a particular case, specify the functions, duties or powers under this Act or the regulations in respect of which that person is an authorised officer; and
(b) may be made subject to any conditions that the IBAC considers appropriate.
(1) The IBAC must issue an identity card to each authorised officer.
(2) An identity card issued to an authorised officer must—
(a) contain a photograph of the authorised officer; and
(b) contain the signature of the authorised officer; and
(c) be signed by the Commissioner.
(1) An authorised officer must produce his or her identity card for inspection before exercising a power under Division 3 or 4 of this Part unless it is not practicable to do so.
(2) An authorised officer must produce his or her identity card for inspection if requested to do so by any person at the premises during the exercise of a power under Division 3 or 4 of this Part unless to do so would endanger safety or frustrate an investigation.
(3) If an authorised officer does not comply with a request under subsection (2), the authorised officer must immediately cease exercising the power under Division 3 or 4 of this Part unless the reason for not complying is that to comply would endanger safety or frustrate an investigation.
(4) An authorised officer exercising a power under Division 2 of this Part must produce his or her identity card for inspection if requested to do so by the person subject to the exercise of that power unless it is not practicable to do so.
(1) This section applies to the investigation by the IBAC in respect of a possible breach of discipline involving—
(a) corrupt conduct of a member of the police force; or
(b) police personnel conduct of a member of the police force.
(2) For the purposes of an investigation to which this section applies, the IBAC may direct any member of the police force to—
(a) give the IBAC any relevant information; or
(b) produce any relevant document to the IBAC; or
(c) answer any relevant question.
Note
Failure to comply with a direction of the IBAC under this section is a breach of discipline. See section 69(1)(ac) of the Police Regulation Act 1958 .
(3) Any information, document or answer given or produced in accordance with a direction under subsection (2) is not admissible in evidence before any court or person acting judicially, except in proceedings for—
(a) perjury or giving false information; or
(b) a breach of discipline by a member of the police force; or
(c) an offence under this Act concerning failure to comply with a direction of the IBAC; or
(d) review proceedings under Division 1 of Part IV of the Police Regulation Act 1958 .
A power under this Division must not be exercised by an authorised officer without express written authority from the Commissioner.
Note
The Commissioner cannot delegate this power unless section 26(5) or (6) applies. See section 26.
(1) If an authorised officer reasonably believes there are documents or other things that are relevant to an investigation which are on police personnel premises, the authorised officer may—
(a) enter those premises at any time; and
(b) enter any vehicle, vessel or aircraft on those premises; and
(c) search those premises or any vehicle, vessel or aircraft on those premises for documents or other things that are relevant to an investigation; and
(d) inspect or copy any document or other thing found at those premises or in any vehicle, vessel or aircraft on those premises; and
(e) do anything that it is necessary or convenient to do to enable a search and an inspection to be carried out under this section.
(2) On exercising a power of entry under this section, the authorised officer must—
(a) identify himself or herself to a person at the police personnel premises who is apparently in charge of those premises; and
(b) inform the person apparently in charge that the authorised officer is authorised to enter the police personnel premises or any vehicle, vessel or aircraft on those premises.
(3) The Chief Commissioner of Police must ensure that each member of police personnel at police personnel premises gives the authorised officer any assistance the authorised officer reasonably requires to enable the authorised officer to exercise powers under this section.
(4) For the avoidance of doubt, an authorised officer does not have authority under this section to enter any part of police personnel premises that is used for residential purposes.
(1) An authorised officer who exercises a power of entry under section 55 may seize a document or other thing at the police personnel premises or in any vehicle, vessel or aircraft on those premises if the authorised officer reasonably suspects that—
(a) the document or other thing is relevant to an investigation; and
(b) if the document or other thing is not immediately seized—
(i) it may be concealed or destroyed; or
(ii) its forensic value may be diminished.
(2) The Chief Commissioner of Police must ensure that each member of police personnel at police personnel premises makes available to the authorised officer any facilities or equipment that are reasonably necessary for the authorised officer to seize a document or other thing under this section.
(1) If an authorised officer seizes under section 56—
(a) a document, disk or tape or other thing that can be readily copied; or
(b) a storage device the information in which can be readily copied—
the authorised officer, on request by a person at the police personnel premises, must give a copy of the document, thing or information to the person as soon as practicable after the seizure.
(2) An authorised officer may refuse a request under subsection (1) if the authorised officer has consulted the IBAC and—
(a) the IBAC is satisfied that the work involved in copying the document, thing or information would substantially and unreasonably interfere with the performance of the IBAC's functions; or
(b) the IBAC considers that it is in the public interest to do so.
(3) An authorised officer must not refuse a request under subsection (1) unless the authorised officer has—
(a) given the person who made the request a written notice stating an intention to refuse the request; and
(b) given the person a reasonable opportunity to make a further request for a copy of the document, thing or information in a form that would remove the ground for refusal; and
(c) as far as is reasonably practicable, provided the person with any information that would assist the making of the further request for access in such a form.
(4) An authorised officer is not required to provide any information under subsection (3)(c) if the IBAC considers that it is not in the public interest for the document, thing or information to be provided.
(5) If an authorised officer refuses a request under subsection (1)—
(a) the authorised officer must provide a receipt for the document, thing or information seized; and
(b) on request by the Chief Commissioner of Police, the IBAC must permit the Chief Commissioner of Police to have access to the document, thing or information seized unless the IBAC is of the opinion that it is not in the public interest for the Chief Commissioner of Police to have access.
(6) The IBAC must not refuse a request for access under subsection (5)(b), unless the IBAC has—
(a) given the Chief Commissioner of Police a written notice stating an intention to refuse to give access; and
(b) given the Chief Commissioner of Police a reasonable opportunity to make a further request for access in a form that would remove the ground for refusal; and
(c) as far as is reasonably practicable, provided the Chief Commissioner of Police with any information that would assist the making of the further request for access in such a form.
(7) The IBAC is not required to provide any information under subsection (6)(c) if the IBAC is of the opinion that it is not in the public interest for the information to be provided.
(8) For the avoidance of doubt, an authorised officer or the IBAC is not required to give reasons for refusing a request under this section.
(1) Within 7 days after a document or other thing is seized by an authorised officer under section 56, an interested person may apply to the Supreme Court for an order—
(a) setting aside the seizure; and
(b) requiring the IBAC to deliver the document or other thing to the interested person.
(2) On an application under subsection (1), the Supreme Court may make an order setting aside the seizure and requiring the IBAC to deliver the document or other thing to the interested person if the Court is satisfied that the grounds for the seizure—
(a) did not exist; or
(b) no longer exist.
(3) In this section, "interested person" in relation to a document or other thing means—
(a) the Chief Commissioner of Police; or
(b) a person authorised by the Chief Commissioner of Police to apply under this section on behalf of the Chief Commissioner of Police; or
(c) any other person who claims to have a legal or equitable interest in the document or other thing.
(1) The IBAC must take all reasonable steps to return a document or other thing seized under section 56 to the Chief Commissioner of Police if the document or other thing is required as evidence relating to a legal proceeding.
(2) The IBAC must immediately take all reasonable steps to return a document or other thing seized under section 56 to the Chief Commissioner of Police if the IBAC is no longer satisfied that its retention is necessary for the purposes of—
(a) an investigation; or
(b) a report on an investigation; or
(c) a legal proceeding arising out of, or connected with, an investigation.
(3) This section is subject to any order of the Supreme Court under section 58.
(1) Subject to subsection (2), an authorised officer may apply to a Judge of the Supreme Court for a search warrant in relation to either or both of the following—
(a) particular premises, if the authorised officer believes on reasonable grounds that entry to the premises (including any vehicle, vessel or aircraft on or in those premises) is necessary for the purpose of an investigation;
(b) a particular vehicle, vessel or aircraft located in a public place if the authorised officer believes on reasonable grounds that entry to the vehicle, vessel or aircraft is necessary for the purpose of an investigation.
(2) An application must not be made without the written authorisation, in the prescribed form, of the Commissioner.
Note
The Commissioner cannot delegate this power unless section 26(5) or (6) applies. See section 26.
(3) If a Judge of the Supreme Court is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for the belief under subsection (1)(a) or (b), the Judge may issue a search warrant authorising any person named in the warrant—
(a) to enter and search the premises or vehicle, vessel or aircraft named or described in the search warrant and inspect any document or thing at those premises or on or in that vehicle, vessel or aircraft; and
(b) to make a copy of any document relevant, or that the person reasonably considers may be relevant, to the investigation; and
(c) to take possession of any document or other thing that the person considers relevant to the investigation.
(4) A search warrant issued under this section must state—
(a) the purpose for which the search is required; and
(b) any conditions to which the search warrant is subject; and
(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(d) a day, not later than 28 days after the issue of the search warrant, on which the search warrant ceases to have effect.
(5) A search warrant must be in the prescribed form.
(6) Except as otherwise provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.
(7) If a search warrant is issued in relation to court premises, the IBAC must notify, and may consult, the head or heads of jurisdiction about the issuing of the search warrant, unless to do so would prejudice the investigation.
(1) On executing a search warrant, the person executing it—
(a) must announce that he or she is authorised by the search warrant to enter the premises, vehicle, vessel or aircraft, as the case requires, unless, in the case of a vehicle, vessel or aircraft it is in a public place; and
(b) if the person has been unable to obtain unforced entry, must give any person at the premises or in control of the vehicle, vessel or aircraft an opportunity to allow entry to the premises, vehicle, vessel or aircraft, as the case requires.
(2) A person executing a search warrant need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises, vehicle vessel or aircraft is required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the search warrant is not frustrated.
(3) If the occupier is present at premises where a search warrant is being executed, the person executing the warrant must—
(a) identify himself or herself to the occupier; and
(b) give the occupier a copy of the search warrant.
(4) If the occupier is not present at premises where a search warrant is being executed, the person executing the warrant must—
(a) identify himself or herself to a person at the premises who is apparently over the age of 18 years; and
(b) give that person a copy of the warrant.
(5) If there is no person apparently over the age
of 18 years present at premises where a search warrant is being executed,
the person executing the warrant must leave a copy of the warrant in a
conspicuous place at the premises unless the IBAC has given a direction under
subsection (6).
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(6) The IBAC may direct that a copy of a search warrant not be left at premises where no person apparently over the age of 18 years is present if the IBAC is satisfied that it would be contrary to the public interest for the copy to be left at the premises.
(1) If under a search warrant a person takes possession of—
(a) a document, disk or tape or other thing that can be readily copied; or
(b) a storage device the information in which can be readily copied—
the person, on request by the occupier, must give a copy of the document, thing or information to the occupier as soon as practicable after taking possession of it, unless it would be contrary to the public interest to do so.
(2) If a person takes possession of a document or thing under a search warrant and has not provided a copy of the document, thing or information under subsection (1) the person must provide a receipt in the prescribed form for that document or thing as soon as practicable after taking possession of it.
(1) The IBAC must take all reasonable steps to return a document or other thing seized under a search warrant to the person from whom it was seized if the document or other thing is required as evidence relating to a legal proceeding.
(2) The IBAC must immediately take all reasonable steps to return a document or other thing seized under a search warrant to the person from whom it was seized if the IBAC is no longer satisfied that its retention is necessary for the purposes of—
(a) an investigation; or
(b) a report on an investigation; or
(c) a legal proceeding arising out of, or connected with, an investigation.
(1) A person executing a search warrant may—
(a) seek the assistance of another person (an assistant ) over the age of 18 years who possesses specialised skills or technical knowledge necessary for exercising a power authorised by the search warrant; or
(b) take onto the premises any equipment, vehicle, animal or material that the person reasonably requires for exercising a power authorised by the search warrant.
(2) The person may authorise the assistant—
(a) to take stated action at the premises, vehicle, vessel or aircraft; and
(b) to exercise stated powers the person is authorised by the search warrant to exercise.
(3) For the purposes of subsection (2), the
person—
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(a) is only permitted to authorise the assistant to take stated action or exercise stated powers that are consistent with the specialist skills or technical knowledge of the assistant; and
(b) cannot authorise the assistant to arrest a person.
(4) The person must inform the assistant of—
(a) action the assistant is authorised to take; and
(b) the assistant's powers under this section.
(5) Without limiting subsection (1), the IBAC may seek assistance from the Chief Commissioner of Police when executing a search warrant.
(6) Subsection (1) applies, in relation to animals, despite any other Act or law, other than the Charter of Human Rights and Responsibilities Act 2006 .
The Chief Commissioner of Police must ensure that members of the police force give a person executing a search warrant any assistance that the person reasonably requires to enable that person, or an assistant authorised under section 64, to exercise the powers authorised by the search warrant.
(1) This section applies if—
(a) a person executing a search warrant (the searcher ) wishes to inspect, copy or seize a document or other thing under the search warrant; and
(b) a person who is entitled to claim the privilege (the claimant ) claims that the document or other thing is the subject of privilege.
(2) The searcher must consider the claim of privilege and either—
(a) cease exercising the power under the search warrant in relation to the document or other thing over which the claim of privilege is made; or
(b) require the claimant to immediately seal the document or other thing in an envelope, or otherwise secure it if it cannot be sealed in an envelope, and give it to the searcher.
(3) The searcher must not inspect the document or other thing in considering the claim of privilege.
(4) If the searcher requires the claimant to give the document or other thing to the searcher under subsection (2)(b), the searcher must—
(a) notify the Commissioner as soon as practicable; and
(b) immediately give the document or other thing to the proper officer of the Supreme Court to be held in safe custody.
(5) Subject to section 69, a person must not open a sealed envelope or interfere with a document or thing secured otherwise than in an envelope before delivery to the proper officer of the Supreme Court.
If the IBAC exercises a power under section 53 or an authorised officer exercises a power under section 55 or 56—
(a) the Crown is not entitled to assert any privilege in response to the exercise of those powers; and
(b) any privilege referred to in paragraph (a) is abrogated; and
(c) any obligation on a member of police personnel to maintain secrecy or other restriction upon the disclosure of information imposed by any enactment or any rule of law—
(i) is overridden; and
(ii) does not apply in respect of a direction of the IBAC under section 53 or the inspection, copying or seizure of any document or other thing by an authorised officer under section 55 or 56.
(1) Within 7 days after a sealed envelope or document or thing secured otherwise than in an envelope is given to the proper officer of the Supreme Court in accordance with section 66, the IBAC may apply to the Supreme Court to determine whether or not the document is the subject of privilege.
(2) If no application is made under subsection (1) within the period of 7 days, the proper officer must return the document to the claimant of privilege.
(3) The IBAC must give notice of the application to the claimant of privilege within a reasonable time before the hearing of the application.
(4) Notice under subsection (3) must be in the prescribed form.
(5) The claimant is entitled to appear and be heard on the hearing of the application.
(1) On an application under section 68, the Supreme Court must determine whether or not the document in the sealed envelope or the document or thing secured otherwise than in an envelope is the subject of privilege.
(2) For the purpose of making a determination under subsection (1), the Judge constituting the Supreme Court and any other person authorised by the Court may—
(a) open the sealed envelope or access the document or thing secured otherwise than in an envelope; and
(b) inspect the document or thing.
(3) If the Supreme Court determines that the document or thing is the subject of privilege—
(a) the Court must order that the document or thing be returned to the claimant; and
(b) the proper officer must return the document or thing to the claimant.
(4) If the Court determines that the document or thing is not the subject of privilege—
(a) the Court must order that the document or thing be given to the IBAC; and
(b) the proper officer must release the document or thing accordingly.
(5) Subject to subsection (2), a person must not open a sealed envelope or otherwise have access to the document or thing contained in the sealed envelope before—
(a) the Court determines the claim of privilege; or
(b) the document or thing is returned to the claimant.
Penalty: 120 penalty units or imprisonment for 12 months or both.
(6) Subject to subsection (2), a person must not open or otherwise have access to a document or thing secured otherwise than in an envelope before—
(a) the Court determines the claim of privilege; or
(b) the document or thing is returned to the claimant.
Penalty: 120 penalty units or imprisonment for 12 months or both.
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(1) Subject to subsection (2), the IBAC, by instrument, may authorise a suitably trained senior IBAC Officer to possess, carry and use defensive equipment for the purposes of investigating police personnel conduct by any member of the police force.
(2) The IBAC must not give an authorisation under subsection (1) unless satisfied that the senior IBAC Officer reasonably requires the possession, carrying and use of defensive equipment—
(a) to perform functions and exercise powers of the IBAC or an authorised officer in relation to investigations; and
(b) to ensure the safety of the senior IBAC Officer in the performance of those functions or the exercise of those powers.
(3) For the purposes of subsection (1), a senior IBAC Officer is suitably trained if the IBAC is satisfied that the senior IBAC Officer has completed a prescribed course of training in the use of defensive equipment.
(4) An authorisation under this section—
(a) must specify the type of defensive equipment to which it relates; and
(b) may be subject to any conditions that the IBAC considers appropriate to impose.
(5) A senior IBAC Officer must not possess, carry or use defensive equipment in the course of an investigation of police personnel conduct by any member of the police force unless authorised to do so under this section.
Penalty: 60 penalty units or imprisonment for 6 months or both.
(1) Subject to subsection (2), the IBAC, by instrument, may authorise a suitably trained senior IBAC Officer to possess, carry and use defensive equipment for the purposes of an investigation into possible corrupt conduct.
(2) The IBAC must not give an authorisation under subsection (1) unless satisfied that—
(a) requesting assistance from the Chief Commissioner of Police may compromise the investigation; and
(b) the senior IBAC Officer reasonably requires the possession, carrying and use of defensive equipment—
(i) to perform functions and exercise powers of the IBAC or an authorised officer in relation to an investigation; and
(ii) to ensure the safety of the senior IBAC Officer in the performance of IBAC functions or the exercise of IBAC powers.
(3) For the purposes of subsection (1), a senior IBAC Officer is suitably trained if the IBAC is satisfied that the senior IBAC Officer has completed a prescribed course of training in the use of defensive equipment.
(4) An authorisation under this section—
(a) must specify the type of defensive equipment to which it relates; and
(b) may be subject to any conditions that the IBAC considers appropriate to impose.
(5) A senior IBAC Officer must not possess, carry or use defensive equipment in the course of an investigation into possible corrupt conduct unless authorised to do so under this section.
Penalty: 60 penalty units or imprisonment for 6 months or both.
(1) The IBAC, by instrument, may authorise a senior IBAC Officer to possess, carry and use defensive equipment for the purposes of—
(a) providing or receiving training in relation to the use of that equipment; or
(b) testing and maintaining that equipment.
(2) An authorisation under this section—
(a) must specify the type of defensive equipment to which it relates; and
(b) may be subject to any conditions that the IBAC considers appropriate to impose.
(1) The IBAC, by instrument, may authorise a senior IBAC Officer to possess, carry and use defensive equipment for the purposes of one or more of the following—
(a) the purchase or acquisition of that equipment;
(b) the maintenance of that equipment;
(c) the issue of that equipment;
(d) accepting the return of that equipment from a person authorised under this Part to possess, carry and use that equipment;
(e) storage of that equipment.
(2) An authorisation under this section must—
(a) specify the type of defensive equipment to which it relates; and
(b) may be subject to any conditions that the IBAC considers appropriate to impose.
(3) A senior IBAC Officer who is authorised under this section must ensure that any defensive equipment to which the authorisation relates is safely and securely stored when it is returned from the possession of a person authorised to possess, carry and use it under this Part.
(1) Subject to subsection (2), the IBAC, by instrument, may authorise a suitably trained senior IBAC Officer to possess, carry and use a firearm for the purposes of investigating police personnel conduct by any member of the police force.
(2) The IBAC must not give an authorisation under subsection (1) unless satisfied that the senior IBAC Officer reasonably requires the possession, carrying and use of a firearm—
(a) to perform functions and exercise powers of the IBAC or an authorised officer in relation to investigations; and
(b) to ensure the safety of the senior IBAC Officer in the performance of those functions or the exercise of those powers.
(3) For the purposes of subsection (1), a senior IBAC Officer is suitably trained if the IBAC is satisfied that the senior IBAC Officer has completed a prescribed course of training in the use of firearms.
(4) An authorisation under this section—
(a) must specify the type of firearm to which it relates; and
(b) may be subject to any conditions that the IBAC considers appropriate to impose.
(5) A senior IBAC Officer must not possess, carry or use a firearm in the course of an investigation of police personnel conduct by any member of the police force unless authorised to do so under this section.
Penalty: 60 penalty units or imprisonment for 6 months or both.
(1) Subject to subsection (2), the IBAC, by instrument, may authorise a suitably trained senior IBAC Officer to possess, carry and use a firearm for the purposes of an investigation into possible corrupt conduct.
(2) The IBAC must not give an authorisation under subsection (1) unless satisfied that—
(a) requesting assistance from the Chief Commissioner of Police may compromise the investigation; and
(b) the senior IBAC Officer reasonably requires the possession, carrying and use of a firearm—
(i) to perform functions and exercise powers of the IBAC or an authorised officer in relation to investigations; and
(ii) to ensure the safety of the senior IBAC Officer in the performance of IBAC functions or the exercise of IBAC powers.
(3) For the purposes of subsection (1), a senior IBAC Officer is suitably trained if the IBAC is satisfied that the senior IBAC Officer has completed a prescribed course of training in the use of firearms.
(4) An authorisation under this section—
(a) must specify the type of firearm
to which it relates; and
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(b) may be subject to any conditions that the IBAC considers appropriate to impose.
(5) A senior IBAC Officer must not possess, carry or use a firearm in the course of an investigation into possible corrupt conduct unless authorised to do so under this section.
Penalty: 60 penalty units or imprisonment for 6 months or both.
(1) The IBAC, by instrument, may authorise a senior IBAC Officer to possess, carry and use a firearm for the purposes of—
(a) providing or receiving training in relation to the use of that firearm; or
(b) testing and maintaining that firearm.
(2) An authorisation under this section—
(a) must specify the type of firearm to which it relates; and
(b) may be subject to any conditions that the IBAC considers appropriate to impose.
(1) The IBAC, by instrument, may authorise a senior IBAC Officer—
(a) to acquire or dispose of a firearm on behalf of the IBAC; and
(b) to possess and carry firearms for the purposes of—
(i) acquiring or disposing of firearms; and
(ii) maintaining firearms; and
(iii) storing firearms.
(2) An authorisation under this section must—
(a) specify the type of firearm to which it relates; and
(b) may be subject to any conditions that the IBAC considers appropriate to impose.
(3) A firearm acquired under this section is taken to be acquired by the IBAC and must be registered under the Firearms Act 1996 in the name of the IBAC.
A senior IBAC Officer who is authorised under this Part to possess, carry or use defensive equipment or a firearm must not contravene any conditions to which the authorisation is subject.
Penalty: 60 penalty units or imprisonment for 6 months or both.
(1) The IBAC must notify the Chief Commissioner of Police within 7 days of—
(a) the acquisition of a firearm; or
(b) the disposal of a firearm.
(2) The notification must—
(a) be in writing; and
(b) state the make, type, calibre, action and serial number of the firearm.
(1) The IBAC must ensure that a firearm acquired under an authorisation under this Part is stored—
(a) in the case of a category A or B longarm, in accordance with clause 1(1) and (2) of Schedule 4 to the Firearms Act 1996 ;
(b) in the case of a category C or D longarm or a general category handgun, in accordance with clause 2(1), (2) and (2A) of Schedule 4 to the Firearms Act 1996 , as if the reference to the holder of the licence were a reference to a senior IBAC Officer authorised under section 77.
(2) A senior IBAC Officer who is authorised under this Part to possess, carry or use a firearm, must ensure that the firearm is stored—
(a) in the case of a category A or B longarm, in accordance with clause 1(1) and (2) of Schedule 4 to the Firearms Act 1996 ;
(b) in the case of a category C or D longarm or a general category handgun, in accordance with clause 2(1), (2) and (2A) of Schedule 4 to the Firearms Act 1996 , as if the reference to the holder of the licence were a reference to the senior IBAC Officer authorised under this Part.
(1) The IBAC must ensure that any cartridge ammunition acquired in accordance with this Part is stored—
(a) in the case of cartridge ammunition for a category A or B longarm, in accordance with clause 1(3) of Schedule 4 to the Firearms Act 1996 ;
(b) in the case of cartridge ammunition for a category C or D longarm or a general category handgun, in accordance with clause 2(3) of Schedule 4 to the Firearms Act 1996 .
(2) A senior IBAC Officer who is authorised under this Part to possess, carry or use a firearm must ensure that any cartridge ammunition is stored—
(a) in the case of cartridge ammunition for a category A or B longarm, in accordance with clause 1(3) of Schedule 4 to the Firearms Act 1996 ;
(b) in the case of cartridge ammunition for a category C or D longarm or a general category handgun, in accordance with clause 2(3) of Schedule 4 to the Firearms Act 1996 .
The IBAC must notify the Chief Commissioner of Police of the loss, theft or destruction of any firearm acquired by the IBAC within 24 hours after becoming aware of that loss, theft or destruction.
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(1) The IBAC may at any time make recommendations in relation to a matter arising out of an investigation about any action that the IBAC considers should be taken to one or more of the following—
(a) the relevant principal officer;
(b) the responsible Minister;
(c) the Premier.
(2) A recommendation under subsection (1) which is not contained in a report must be made in private.
(3) Subject to subsection (4), subsection (2) does not limit the power of the IBAC to make public a recommendation under section 86 or 89 if the IBAC considers there has been a failure to take appropriate action in relation to the recommendation.
(4) The IBAC may require a person (other than the
Chief Commissioner of Police) who has received a recommendation under
subsection (1) to give a report to the IBAC, within a reasonable specified
time, stating—
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(a) whether or not he or she has taken, or intends to take, action recommended by the IBAC; and
(b) if the person has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action.
(5) The person who has received a recommendation under subsection (1) must comply with a requirement of the IBAC under subsection (4).
(1) After receiving a report on an investigation completed by the Chief Commissioner of Police under Part IVA under the Police Regulation Act 1958 or a report under section 40(3), the IBAC may in writing request the Chief Commissioner of Police to take any action that the IBAC considers is appropriate—
(a) in addition to any action taken or proposed to be taken by the Chief Commissioner of Police; or
(b) in substitution for any action taken or proposed to be taken by the Chief Commissioner of Police.
(2) The IBAC may under subsection (1) request the Chief Commissioner of Police to conduct a further investigation in accordance with section 86O of the Police Regulation Act 1958 .
If the IBAC has made a recommendation under section 83, or a request under section 84, to the Chief Commissioner of Police, the Chief Commissioner of Police must—
(a) adopt the recommendation or take the requested action; or
(b) if the Chief Commissioner of Police has not adopted the recommendation or taken the requested action, or does not intend to adopt the recommendation or take the requested action, give a report to the IBAC stating the reason for not intending to adopt the recommendation or take the requested action.
(1) The IBAC may at any time cause a report to be transmitted to each House of the Parliament on any matter relating to the performance of its duties and functions.
(2) If the IBAC intends to include in a report under this section adverse findings about a public body, the IBAC must give the relevant principal officer of that public body an opportunity to respond to the adverse material and fairly set out each element of the response in its report.
(3) If the IBAC intends to include in a report
under this section a comment or an opinion which is adverse to any person, the
IBAC must first provide the person a reasonable opportunity to respond to the
adverse material and fairly set out each element of the response in its
report.
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(4) If the IBAC intends to include in a report under this section a comment or an opinion about any person which is not adverse to the person, the IBAC must first provide that person with the relevant material in relation to which the IBAC intends to name that person.
(5) If the IBAC is aware of a criminal investigation or any criminal proceedings or other legal proceedings in relation to a matter or person to be included in a report under this section, the IBAC must not include in the report any information which would prejudice the criminal investigation, criminal proceedings or other legal proceedings.
(6) The IBAC must not include in a report under this section a statement as to—
(a) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit, any criminal offence or disciplinary offence; or
(b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence.
(7) The IBAC must not include in a report under this section any information that would identify any person who is not the subject of any adverse comment or opinion unless the IBAC—
(a) is satisfied that it is necessary or desirable to do so in the public interest; and
(b) is satisfied that it will not cause unreasonable damage to the person's reputation, safety or wellbeing; and
(c) states in the report that the person is not the subject of any adverse comment or opinion.
(8) The IBAC must not include in a report under this section any information that discloses the identity of a person to whom, or in respect of whom, a direction has been given under Division 1 of Part 7 of this Act or Division 4A of Part IV of the Police Regulation Act 1958 .
(9) The clerk of each House of the Parliament must cause the report to be laid before the House of the Parliament on the day on which it is received or on the next sitting day of that House of the Parliament.
(10) If the IBAC proposes to transmit a report to the Parliament on a day on which neither House of the Parliament is actually sitting, the IBAC must—
(a) give one business day's notice of intention to do so to the clerk of each House of the Parliament; and
(b) give the report to the clerk of each House of the Parliament on the day indicated in the notice; and
(c) publish the report on the IBAC's Internet website as soon as practicable after giving it to the clerks.
(11) The clerk of each House of the Parliament must—
(a) notify each member of the House of the Parliament of the receipt of the notice under subsection (10)(a) on the same day that the clerk receives that notice; and
(b) give a copy of the report to each member of the House of the Parliament as soon as practicable after the report is received under subsection (10)(b); and
(c) cause the report to be laid before the House of the Parliament on the next sitting day of the House of the Parliament.
(12) A report that is given to the clerks under subsection (10)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament.
(13) The publication of a report by the IBAC under subsection (10)(c) is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a document to which those sections applied and had been published by the Government Printer under the authority of the Parliament.
(1) Subject to subsection (4), the IBAC may provide a complainant with information about the results of an investigation including—
(a) any action taken by the IBAC; and
(b) any recommendation by the IBAC that any action or further action be taken.
(2) Subject to subsection (4), the IBAC must provide a complainant with information about the results of an investigation relating to a corrupt conduct complaint or police personnel conduct complaint in relation to a member of the police force, including—
(a) any action taken by the IBAC; and
(b) any recommendation by the IBAC that any action or further action be taken.
(3) Subject to subsection (4), the IBAC may provide written information about the commencement, conduct or results of an investigation, including any action taken and any recommendation that any action or further action be taken, to one or more of the following—
(a) the relevant principal officer;
(b) the responsible Minister;
(c) the Premier.
(4) The IBAC must not provide any information under this section if the IBAC considers that the provision of the information would—
(a) not be in the public interest or in the interests of justice; or
(b) put a person's safety at risk; or
(c) cause unreasonable damage to a person's reputation; or
(d) prejudice an investigation under this Act or an investigation by the police force; or
(e) be likely to lead to the disclosure of any secret investigative method used by the IBAC or members of police personnel; or
(f) otherwise contravene any applicable statutory secrecy obligations or privacy laws.
After conducting an investigation, the IBAC may—
(a) make a recommendation in accordance with section 83;
(b) transmit a special report under section 86;
(c) advise a complainant or other person in accordance with section 87;
(d) do any combination or all or none of the matters referred to in paragraphs (a) to (c);
(e) determine to make no finding or take no action following the investigation.
(1) The IBAC in its annual report for a financial year under Part 7 of the Financial Management Act 1994 must include—
(a) the prescribed information relating to the performance of its duties and functions;
(b) any recommendations for changes to any Act or law in force in Victoria or for specified administrative actions to be taken which the IBAC considers necessary as a result of the performance of its duties and functions;
(c) a description of its activities in relation to the performance of its duties and functions.
(2) If the IBAC intends to include in its annual report adverse findings about a public body, the IBAC must give the relevant principal officer of that public body an opportunity to respond to the adverse material and fairly set out each element of the response in its report.
(3) If the IBAC intends to include in its annual report a comment or an opinion which is adverse to any person, the IBAC must first provide the person a reasonable opportunity to respond to the adverse material and fairly set out each element of the response in its report.
(4) If the IBAC intends to include in a report under this section a comment or an opinion about any person which is not adverse to the person, the IBAC must first provide that person with the relevant material in relation to which the IBAC intends to name the person.
(5) If the IBAC is aware of a criminal investigation or any criminal proceedings or other legal proceedings in relation to a matter or person to be included in its annual report, the IBAC must not include in the annual report any information which would prejudice the criminal investigation, criminal proceedings or other legal proceedings.
(6) The IBAC must not include in its annual report a statement as to—
(a) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit, any criminal offence or disciplinary offence; or
(b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence or a disciplinary offence.
(7) The IBAC must not include in its annual report any information that would identify any person who is not the subject of any adverse comment or opinion unless the IBAC—
(a) is satisfied that it is necessary or desirable to do so in the public interest; and
(b) is satisfied that it will not cause unreasonable damage to a person's reputation, safety or wellbeing; and
(c) states in the report that the person is not the subject of any adverse comment or opinion.
(8) The IBAC must not include in its annual report any information that discloses the identity of a person to whom, or in respect of whom, a direction has been given under Division 1 of Part 7 of this Act or Division 4A of Part IV of the Police Regulation Act 1958 .
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(1) This Division does not apply to the Commissioner.
(2) In this Division, a reference to an IBAC Officer does not include a reference to the Commissioner.
(1) The IBAC may direct an IBAC Officer to test for the presence of alcohol or a drug of dependence if the IBAC reasonably believes that—
(a) the test result is relevant to the capacity of the IBAC Officer to perform his or her duties or exercise his or her powers; or
(b) the IBAC Officer has been involved in a critical incident.
(2) A direction under subsection (1) must specify whether the IBAC Officer is required to do one or more of the following—
(a) provide a sample of breath;
(b) provide a sample of urine;
(c) allow a registered medical practitioner or an approved health professional to take from the officer a sample of the officer's blood.
(3) A direction under subsection (1) must be—
(a) in writing; and
(b) made in accordance with the regulations.
(4) Nothing in this section affects the operation of Part 5 of the Road Safety Act 1986 .
The IBAC may have regard to evidence derived from a sample obtained in accordance with a direction made under this Division in—
(a) managing the performance of the duties or the exercise of the powers of the IBAC Officer; or
(b) taking any disciplinary action against the IBAC Officer relating to the performance of the duties or the exercise of the powers of the IBAC Officer as an IBAC Officer under this Act.
(1) If an IBAC Officer is unconscious or otherwise unable to comply with a direction and the IBAC reasonably believes that the IBAC Officer was involved in a critical incident, the IBAC may direct a registered medical practitioner to take from the IBAC Officer a sample of blood to test for the presence of alcohol or a drug of dependence.
(2) If a sample of blood is taken under subsection (1), the IBAC must, upon the IBAC Officer regaining consciousness or otherwise becoming able to comply with a direction, advise the IBAC Officer—
(a) of the taking of the sample; and
(b) that he or she may refuse to consent to the use of any evidence derived from the sample; and
(c) that a refusal to consent to the use of the evidence may constitute grounds for disciplinary action against the IBAC Officer.
(3) A direction under subsection (1) must be—
(a) in writing; and
(b) made in accordance with the regulations.
(4) The IBAC must destroy any evidence derived from a sample of blood taken under subsection (1) if the IBAC Officer refuses to consent to the use of that evidence in the circumstances set out in subsection (2).
(5) The IBAC must destroy any sample of blood taken under subsection (1) in respect of which consent is refused.
(6) Nothing in this section affects the operation of Part 5 of the Road Safety Act 1986 .
(1) Evidence derived from a sample obtained in accordance with a direction made under this Division is inadmissible in any proceeding in a court, tribunal or before a person or body authorised to hear and receive evidence.
(2) Subject to subsection (3), subsection (1) does not apply—
(a) in a proceeding under the Accident Compensation Act 1985 to rebut or support an allegation that the presence of alcohol or a drug of dependence contributed to the injury in respect of which the proceeding was commenced; or
(b) in a prosecution under the Occupational Health and Safety Act 2004 to rebut or support an allegation that the presence of alcohol or a drug of dependence contributed to the occurrence of the act, matter or thing constituting the offence in respect of which the prosecution is brought; or
(c) in a proceeding arising out of, or connected with, a critical incident; or
(d) in a proceeding to the extent that the evidence is relevant to the defence of a person, other than the IBAC Officer who provided the sample, to rebut or support an allegation that the presence of alcohol or a drug of dependence affected the performance of the duties or the exercise of the powers of the IBAC Officer as an IBAC Officer; or
(e) to any disciplinary action against the IBAC Officer relating to the performance of the duties or the exercise of the powers of the IBAC Officer as an IBAC Officer under this Act.
(3) Subsection (2) does not apply to evidence derived from a sample obtained in accordance with a direction made under section 93(1) if the IBAC Officer from whom the sample was taken refuses to consent to the use of that evidence in the circumstances set out in section 93(2).
(4) In this section, "proceeding" includes a coronial inquest or inquiry.
The IBAC must ensure that the result of any test conducted in accordance with a direction given under this Division is handled in accordance with the regulations.
A person must not disclose to any person the identity of a person to whom or in respect of whom a direction is given under this Division other than as required or authorised by—
(a) this Act; or
(b) the regulations.
Penalty: 60 penalty units.
No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or health professional in the course of taking any sample which the practitioner or health professional believes on reasonable grounds was required or allowed to be taken from any IBAC Officer under this Division.
A person who is not an IBAC Officer must not, in any way, hold himself or herself out to be an IBAC Officer.
Penalty: 120 penalty units or imprisonment for 12 months or both.
A person must not, without reasonable excuse, hinder or obstruct an IBAC Officer who is performing a function or exercising a power under Part 4 or 5.
Penalty: 120 penalty units or imprisonment for 12 months or both.
A person must not, without reasonable excuse, refuse or fail to comply with a direction or requirement made of the person in the exercise of a power by an IBAC Officer under this Act or the regulations.
Penalty: 120 penalty units or imprisonment for 12 months or both.
A person must not wilfully make a statement that the person knows to be false or misleading in a material particular or mislead or attempt to mislead the IBAC or an IBAC Officer in the exercise of its, his or her powers under this Act or the regulations.
Penalty: 120 penalty units or imprisonment for 12 months or both.
(1) If a corporation is guilty of an offence against this Act or the regulations, any officer of the corporation knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence.
(2) If in a proceeding for an offence against this Act or the regulations it is necessary to establish the intention of a corporation, it is sufficient to show that an employee or agent of the corporation had that intention.
(3) A statement made by an officer of a corporation is admissible as evidence against the corporation in any proceeding against the corporation for an offence against this Act or the regulations.
(4) In this section, "officer"—
(a) in relation to a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and
(b) in relation to an entity that is neither an individual nor a corporation within the meaning of the Corporations Act, means any person (by whatever name called) who is concerned or takes part in the management of the corporation.
(1) If a
body corporate is found guilty of an offence against this Act or the
regulations and the court has power to fine the body corporate, it may, unless
the contrary intention appears, impose on the body corporate a fine not
greater than 5 times the amount of the maximum fine that could be imposed by
the court on a natural person found guilty of the same offence committed at
the same time.
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(2) This section has effect despite—
(a) anything to the contrary in the Sentencing Act 1991 ; and
(b) the prescription of a maximum fine for the offence applicable to all offenders.
(1) If proceedings are brought against the Crown for an offence against this Act or the regulations, the responsible agency in respect of the offence may be specified in any document initiating, or relating to, the proceedings.
(2) In this section, the responsible agency in respect of an offence is the agency of the Crown—
(a) whose acts or omissions are alleged to constitute the offence; or
(b) if that agency has ceased to exist, that is the successor of that agency; or
(c) if that agency has ceased to exist and there is no clear successor, that the court declares to be the responsible agency.
(3) The responsible agency in respect of an
offence is entitled to act in proceedings against the Crown for the offence
and, subject to any relevant rules of court, the procedural rights and
obligations of the Crown as the accused in the proceedings are conferred or
imposed on the responsible agency.
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(4) The person prosecuting the offence may change the responsible agency during the proceedings with the leave of the court.
Proceedings for an offence against this Act or the regulations that were commenced against a public body before its dissolution, or that could have been commenced against a public body if not for its dissolution, may be continued or commenced against its successor if the successor is a public body.
Proceedings for an offence under this Act or the regulations may be brought by—
(a) the IBAC;
(b) a sworn IBAC Officer who is authorised by the Commissioner;
(c) a member of the police force who is authorised by the Commissioner.
(1) Any document under this Act or the regulations required or authorised to be given or served to or upon any person (other than a body corporate) may be served by—
(a) giving it or serving it personally on the person; or
(b) sending it by post or electronic communication to the person at that person's usual or last known place of residence or business; or
(c) leaving it at that person's usual or last known place of residence with a person on the premises who is apparently at least 16 years old; or
(d) leaving it at that person's usual or last known place of business with a person who is apparently employed at the premises and who is apparently at least 16 years old.
(2) Any document under this Act or the regulations required or authorised to be given or served to or upon a body corporate may be served by—
(a) giving it or serving it on; or
(b) sending it by post or electronic communication to—
the body corporate at the head office, registered office or principal office of the body corporate.
(3) This section is in addition to, and not in derogation from, sections 109X and 601CX of the Corporations Act.
(1) The validity of any notice, order or other document or of the service of the notice, order or other document is not affected by any error, misdescription or irregularity which in the opinion of a court is not likely to mislead or which in fact does not mislead.
(2) If due service of a notice, order or other document required under this Act or the regulations to be given or served on any owner or occupier has been once made on any owner or occupier, the notice, order or other document is binding on all persons claiming by, from or under that owner or occupier and on all subsequent owners or occupiers to the same extent as if served on each of those persons respectively.
(1) The Freedom of Information Act 1982 does not apply to a document that is in the possession of any person or body to the extent to which the document discloses information that relates to—
(a) a complaint; or
(b) an investigation conducted under this Act; or
(c) a recommendation made by the IBAC under this Act; or
(d) a report, including a draft report, on an investigation conducted under this Act.
(2) In this section, "document" has the same meaning as it has in the Freedom of Information Act 1982 .
(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) The regulations—
(a) may be of general or limited application;
(b) may differ according to differences in time, place or circumstance;
(c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or class of persons;
(d) may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified;
(e) may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons;
(f) may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed (whether under this or any other Act) or published by any person—
(i) wholly or
partially or as amended by the regulations; or
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(ii) as formulated, issued, prescribed (whether under this or any other Act) or published at the time the regulations are made or at any time before then; or
(iii) as formulated, issued, prescribed (whether under this or any other Act) or published from time to time;
(g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.
(3) Any regulations made under sections 36 and 37 of this Act as in force before the commencement of section 9 of the Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Act 2012 which are in operation immediately before that commencement are deemed to have been made under this Act as amended by that section 9.
Without limiting the generality of section 110, the regulations may prescribe—
(a) a body or entity to be a public body;
(b) an office to be a public office;
(c) security checks for IBAC Officers;
(d) requirements relating to the issue of identity cards to IBAC Officers and the use of the identity cards;
(e) requirements for the disclosure and reporting of pecuniary interests by IBAC Officers, including providing for the manner of disclosure (whether by statutory declaration or otherwise) and the compilation, maintenance and publication of registers of pecuniary interests;
(f) the information to be included by the IBAC in its annual report;
(g) an appropriate course of training in the use of defensive equipment;
(h) an appropriate course of training in the use of firearms;
(i) the persons authorised to analyse samples for the purpose of detecting the presence of alcohol or drugs of dependence;
(j) the circumstances in which a breath sample, a urine sample or a blood sample may be taken;
(k) the procedure for the taking of samples of breath, urine or blood;
(l) the devices used in carrying out the breath tests, breath analyses and other tests, including the calibration, inspection and testing of those devices;
(m) the requirements relating to the accreditation of persons conducting analyses for the presence of drugs of dependence;
(n) the procedure for the handling and analysis of samples of urine or blood;
(o) offences relating to interference with test results or the testing procedure;
(p) the requirements in relation to the handling and confidentiality of test results;
(q) forms for the purposes of this Act.
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PART 3—AMENDMENTS TO OTHER ACTS AND REPEAL